Terms of service
2. Contract formation
3. Cancellation right
4. Prices and payment terms
5. Terms of delivery and shipment
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution
1.1 These terms and conditions (hereinafter the “Terms and Conditions”) of IAMSTRONGER Nutrition[AT1] GmbH (hereinafter the “Seller”) apply to all contracts for the supply of goods that a consumer or businessperson (hereinafter the “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For contracts on the delivery of vouchers, these Terms and Conditions apply mutatis mutandis unless expressly agreed otherwise.
1.3 A consumer within the meaning of these Terms and Conditions means any natural person who enters into a legal transaction for purposes that predominantly are outside their trade or business or self-employed profession. A businessperson within the meaning of these Terms and Conditions means a natural person or legal entity or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.
2) Contract formation
2.1 The product descriptions included in the Seller’s online shop do not constitute binding offers on the part of the Seller but instead serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer through the online order form integrated in the Seller’s online shop. After the Customer has added the selected goods to the virtual basket and gone through the electronic order process, the Customer submits a legally binding contractual offer with respect to the goods in the basket by clicking the button that completes the order process.
2.3 The Seller may accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the Customer’s receipt of the order confirmation is decisive, or
- by delivering the goods ordered to the customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is formed at the point at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound to their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with the PayPal user agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – in accordance with the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller already declares acceptance of the Customer’s offer at the time at which the Customer clicks the button that completes the order process.
2.5 If the Customer selects the payment method “Amazon Payments”, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the Amazon Payments Europe user agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method in the online order process, by clicking the button completing the order process, the Customer at the same time also issues a payment order to Amazon. In this case, the Seller already declares the acceptance of the Customer’s offer at the time at which the Customer triggers the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the formation of the contract and sent to the Customer in text form pursuant to section 126b of the German Civil Code (BGB) (e.g. email, fax or letter) after the Customer has sent their order. The Seller will not make the text of the contract available beyond this. If the Customer set up a user account in the Seller’s online shop before sending their order, the order data on the Seller’s website is archived and can be accessed by the Customer free of charge through the Customer’s password-protected user account by entering the relevant login data.
2.7 Prior to binding submission of the order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function can be used to enlarge the display on the screen and can be an effective technical tool for better identification of input errors. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button completing the order process.
2.8 The contract can only be concluded in German.
2.9 Order processing and making contact usually take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that the emails the Seller sends can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
3) Cancellation right
3.1 Consumers are entitled to a right of cancellation.
3.2 More detailed information on the right of cancellation can be found in the Seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description, the prices specified are total prices that include statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs for which the Seller is not responsible and which must be borne by the Customer may be incurred in individual cases. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties/taxes (e.g. customs duties). Such costs may also be incurred in connection with money transfers if the delivery is not made to a country outside the European Union but the customer nevertheless makes the payment from a country outside the European Union.
4.3 The Customer will be informed of the payment option(s) in the Seller’s online shop.
4.4 If the Customer selects one of the payment methods offered via the payment service “Shopify Payments”, the payments are processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The Customer is informed of the individual types of payment offered through Shopify Payments in the Seller’s online shop. Stripe may use other payment services to process payments for which special payment terms may apply, to which the Customer’s attention will be drawn separately if necessary. Further information on “Shopify Payments” is available online on https://www.shopify.com/legal/terms-payments-de.
5) Terms of delivery and shipment
5.1 Goods are delivered by dispatch to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive in the processing of the transaction.
5.2 If the delivery of the goods fails for reasons the Customer is responsible for, the Customer will bear the reasonable costs arising for the Seller as a result. This does not apply with regard to the sending costs if the Customer effectively exercises their cancellation right. For the return costs, if the Customer effectively exercises their cancellation right, the provision made in this respect in the Seller’s cancellation policy will apply.
5.3 Collection by the Customer is not possible for logistical reasons.
5.4 Vouchers will be supplied to the Customer as follows:
- by download
- by email
- by post
6) Retention of title
If the Seller provides the goods in advance of payment, it will retain title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the item purchased is defective, the provisions of the statutory liability for defects apply.
7.2 If the Customer is acting as a consumer, the Customer is asked to make a complaint to the deliverer about any delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not do so, this will not have any impact on their statutory or contractual warranty claims.
8) Redemption of promotional vouchers
8.1 Vouchers the Seller issues free of charge as part of an advertising campaign that are valid for a specific period and cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the period specified.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 No more than one Promotional Voucher may be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
8.6 If the value of the Promotional Voucher is not enough to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
8.7 The credit balance of a Promotional Voucher will not be paid out in cash, and nor will any interest be paid on it.
8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher in accordance with their statutory cancellation right.
8.9 The Promotional Voucher is only intended for use by the person named on it. It is not possible to transfer the Promotional Voucher to third parties. The Seller is entitled but not obliged to check the substantive entitlement of the respective voucher holder to use the voucher.
9) Redemption of gift vouchers
9.1 Vouchers purchased through the Seller’s online shop (hereinafter “Gift Vouchers”), can only be redeemed in the Seller’s online shop unless the voucher specifies otherwise.
9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the voucher’s year of purchase. Remaining balances are credited to the Customer until the expiry date.
9.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 No more than one Gift Voucher may be redeemed per order.
9.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
9.6 If the value of the Gift Voucher is not enough to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
9.7 The credit balance of a Gift Voucher will not be paid out in cash, and nor will any interest be paid on it.
9.8 The Gift Voucher is transferable. The Seller may discharge its obligations from the Gift Voucher by supplying goods to the Gift Voucher holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or a grossly negligent lack of knowledge of the respective holder’s ineligibility, legal incapacity or lack of power of representation.
10) Applicable law
All legal relations between the parties are governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded to them by the mandatory rules of the law of the country in which the consumer has their habitual residence.
11) Place of jurisdiction
If the Customer is acting as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the domicile of the Seller. If the Customer has its registered office outside of the territory of the Federal Republic of Germany, the domicile of the Seller is the exclusive jurisdiction for all disputes arising from this contract when the contract or claims arising from the contract can be attributed to the Customer’s trade, business or profession. In the above cases, the Seller is, however, in any case entitled to bring the matter before the court at the domicile of the Customer.
12) Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution on the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for out-of-court resolution of disputes from online purchase and service agreements in which a consumer is involved.
12.2 The Seller is neither required nor willing to participate in dispute resolution proceedings before a consumer arbitration board.