General Terms and Conditions
General Terms and Conditions (GTC)
for contracts concluded via the online shop tqgg-partners.com
Fitmart GmbH & Co. KG
Werner-von-Siemens-Straße 8
25337 Elmshorn
Germany
Email: retail@fitmart.de
Registered at: Local Court of Pinneberg
Registration Number: HRA 6610 PI
Represented by The Quality Group GmbH, Elmshorn (Local Court of Pinneberg, HRB 15629 PI),
which is represented by the Managing Directors André Rose, Selim Tansug, Mary-Jo C. Slipek, Nicolas Lother
Tax Number: 31/286/07551
VAT Identification Number pursuant to § 27 a German VAT Act: DE281774068
Responsible in accordance with § 55 para. 2 RStV: André Rose, Selim Tansug, Mary-Jo C. Slipek, Nicolas Lother; Address as above
– hereinafter referred to as the “Supplier” –
and
the customer as defined in § 2 of this Agreement – hereinafter referred to as the “Customer” –
conclude the following contract:
§ 1 Scope and Definitions
The product range in the online shop tqgg-partners.com (hereinafter “Online Shop Business”) is intended exclusively for Customers who qualify as entrepreneurs within the meaning of § 14 para. 1 BGB (German Civil Code). An entrepreneur is any natural person, legal entity, or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the contract.
The contractual relationship between the Supplier and the Customer is governed exclusively by these GTC in the version valid at the time of contract conclusion. Deviating or conflicting terms and conditions of the Customer will not be recognized unless the Supplier expressly agrees to their validity in writing. This also applies if the Supplier, with knowledge of such terms, carries out delivery of goods. These GTC shall also apply to all future transactions without the need for further explicit reference.
The GTC apply to contracts for the sale and/or delivery of movable goods (hereinafter “Goods”), irrespective of whether the Supplier manufactures the Goods or procures them from suppliers (§§ 433, 650 BGB).
§ 2 Conclusion of Contract
The presentation of Goods in the Online Shop Business does not constitute a binding offer to conclude a purchase contract.
The Customer may select Goods from the Supplier’s range and collect them in a virtual shopping cart by clicking the button “ADD TO CART.” By clicking the button “PLACE ORDER WITH OBLIGATION TO PAY,” the Customer submits a binding offer to purchase the Goods in the cart. Before placing the order, the Customer may review and amend the details on an overview page. Submission of the offer requires acceptance of these GTC via the checkbox “I agree to the Terms and Conditions.”
Unless the Customer has chosen prepayment, upon receipt of the order an automatic confirmation email is sent acknowledging receipt of the order but not yet constituting acceptance. A contract is concluded only when the Supplier expressly confirms acceptance or dispatches the ordered Goods.
If the Customer chooses prepayment, the contract is concluded upon receipt of the payment request.
If delivery of the ordered Goods or quantity is not possible, no contract is concluded. The Supplier will inform the Customer without delay and refund any payments already made.
The Customer will receive the contract text in the order confirmation, acceptance, or payment request, or at the latest upon delivery, on a durable medium. The contract text is also stored in the password-protected “My Account” section of the Online Shop Business in compliance with data protection.
The contract language is German.
§ 3 Delivery
Delivery is made ex works from the Supplier’s warehouse (place of performance), shipment to the Customer’s designated location (sale by dispatch).
The risk passes to the Customer upon handover at the latest, or upon delivery to the carrier in the case of shipment.
Delivery times commence upon dispatch of the order confirmation, provided prior payment of the purchase price has been made. Shipping confirmation with DHL tracking will be sent via email.
§ 4 Prices and Shipping Costs
All prices in the Online Shop Business are exclusive of statutory VAT.
Shipping costs are displayed in the cart and order form and are borne by the Customer.
Within Germany, the Supplier delivers free of shipping costs above the agreed minimum order value.
For deliveries outside Germany, additional charges such as bank fees, foreign currency costs, or import duties may apply.
§ 5 Distribution
Sales are permitted only to entrepreneurs, resellers, or business customers.
Distribution via marketplaces such as Amazon, eBay, Idealo, or billiger.de is not permitted.
§ 6 Supplier Certifications and Quality-Related Exceptions
Within the framework of its quality management system, the Supplier generally engages suppliers that are certified according to an IFS standard or another standard recognized by the Global Food Safety Initiative (GFSI), provided that the respective scope of activities is covered by such certification.
By way of exception, the Supplier may, in justified individual cases, engage suppliers that do not (yet) hold a corresponding GFSI-recognized certification. In such cases, these suppliers must at least maintain an established management system (e.g., ISO 9001 or IFS Progress) and are subject to a risk-based monitoring process conducted by the Supplier.
This monitoring process includes, in particular, documented supplier audits, regular performance evaluations, and the follow-up of agreed corrective and preventive actions.
§ 7 Retention of Title
The Goods remain the property of the Supplier until full payment has been received.
In the event of breach of contract (e.g., payment default), the Supplier may demand return of the Goods.
Prior to full payment, the Goods may not be pledged or transferred as security.
Resale is permitted in the ordinary course of business; claims arising from such resale are hereby assigned to the Supplier.
If the value of securities exceeds the Supplier’s claims by more than 10%, the Supplier shall release securities upon request.
§ 8 Payment Terms
Payment is possible by invoice, SEPA direct debit, or prepayment.
The purchase price is due immediately. In the case of fixed due dates, default occurs without reminder.
Default interest: 5 percentage points above the base rate per year.
The Supplier reserves the right to claim additional damages for default.
§ 9 Warranty
Warranty rights are subject to the Customer fulfilling inspection and notification obligations pursuant to § 377 HGB (German Commercial Code).
The warranty period is 12 months from delivery, excluding claims for damages, reimbursement of expenses, and recourse under § 478 BGB.
Additional guarantees only apply if expressly stated in the order confirmation.
In case of defects, the Customer is entitled to repair or replacement. If this fails, the Customer may withdraw or reduce the price.
§ 10 Liability
Claims for damages are excluded except in cases of injury to life, body, or health, breach of essential contractual obligations, or intent/gross negligence.
For breaches of essential contractual obligations, liability is limited to foreseeable, typical damages, except in cases of injury to life, body, or health.
The above limitations also apply to legal representatives and agents of the Supplier.
Exclusions: fraudulent concealment, assumed guarantees, agreements on quality, and claims under the Product Liability Act.
§ 11 Applicable Law and Jurisdiction
German law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Jurisdiction and place of performance is the Supplier’s registered office, if the Customer is a merchant.