General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of cancellation
4. Prices and terms of payment
5. Delivery and dispatch conditions
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions of the company Brandix AG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. Vitomalia is a trademark of Brandix AG. The inclusion of the Client's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time 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 to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is 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 referred to as "PayPal"), subject to the PayPal Terms of Use, 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 - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer 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 may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de retrievable.

4.5 Purchase on account with instalment facility (POWERPAY): MF Group / POWERPAY offers the payment method "Purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC.

5) Delivery and dispatch conditions

5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision made in the seller's cancellation policy shall apply to the return costs.

5.3 Handelt der Kunde als Unternehmer, geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung der verkauften Ware auf den Kunden über, sobald der Verkäufer die Sache dem Spediteur, dem Frachtführer oder der sonst zur Ausführung der Versendung bestimmten Person oder Anstalt ausgeliefert hat. Handelt der Kunde als Verbraucher, geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung der verkauften Ware grundsätzlich erst mit Übergabe der Ware an den Kunden oder eine empfangsberechtigte Person über. Abweichend hiervon geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung der verkauften Ware auch bei Verbrauchern bereits auf den Kunden über, sobald der Verkäufer die Sache dem Spediteur, dem Frachtführer oder der sonst zur Ausführung der Versendung bestimmten Person oder Anstalt ausgeliefert hat, wenn der Kunde den Spediteur, den Frachtführer oder die sonst zur Ausführung der Versendung bestimmte Person oder Anstalt mit der Ausf

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• per Download
• by e-mail

5.7 Digital content is provided to the customer as follows:

• per Download
• by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive right to use the content provided for private and commercial purposes without restriction in terms of location or time.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has consented to the transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may also provisionally authorise the use of the contractual content before this point in time. Such provisional authorisation shall not constitute a transfer of rights.

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 In accordance with the cancellation policy, the customer is subject to an obligation to check for correctness, completeness and delivery damage. In the event of defects, the damage must be reported to customer support immediately and no later than 3 calendar days after delivery. The customer may not use such a product and must keep it as received in the original packaging and follow the instructions of support.

8.2 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. The exclusion of liability shall apply to slight negligence, indirect and consequential damages, damages resulting from delay in delivery and any acts and omissions of Brandix AG's auxiliary persons, whether contractual or non-contractual.

Furthermore, Brandix AG rejects liability in the following cases:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• Use of incompatible spare parts or accessories (e.g. other carabiners);
• force majeure.

This does not apply to contracts for the delivery of goods:

8.3 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent fulfilment;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims due to defects are excluded for used goods;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

8.4 If the customer acts as a consumer,

• the consumer is obliged to prove the warranty claim in the form of image or video material;
• the consumer receives a replacement or a voucher for the value of the goods after a confirmed inspection;
• The warranty does not apply to goods that are worn and worn out according to their use;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims due to defects are excluded for used goods;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

8.5 The aforementioned limitations of liability and shortening of time limits shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.6 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.7.1 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

8.7.2 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8.8 Customer support must be contacted to submit warranty claims. Warranty claims outside of customer support are invalid.

8.9 Wear parts, in particular fabrics and materials, as well as accessories for everyday use are excluded from the warranty.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of cancellation.

9.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.

10.4 Several gift vouchers can be redeemed with one order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.

11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

12) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller shall in any case be entitled to appeal to the court at the customer's registered office.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.