General terms and conditions of business
GENERAL TERMS AND CONDITIONS OF PURCHASE
I. SCOPE
These general terms and conditions apply to the purchase of sportswear and accessories as well as sporty leisurewear (hereinafter "goods") via fitfindery.com. They become part of the contract in the currently valid version.
These General Terms and Conditions of Purchase apply to consumers in accordance with Section 13 of the German Civil Code (BGB) and to entrepreneurs in accordance with Section 14 of the German Civil Code (BGB).
By concluding each sale, the seller agrees to the general terms and conditions valid at the time the contract is concluded.
Fitfindery reserves the right to change individual provisions of these terms and conditions, taking into account the legitimate interests of the parties, with effect for the future. Fitfindery will inform users of changes in a timely manner in text form (e.g. by email) (“notification of change”). The changes will take effect for the customer and the contractual relationship will continue under the changed conditions if the customer does not object to these changes within four (4) weeks of receiving the notification of change by notifying Fitfindery (e.g. by email). To meet this deadline, it is sufficient to send the objection in a timely manner. Fitfindery will specifically draw the customer's attention to the aforementioned consequences of failing to object in the notification of change. In the event of an objection, both parties have the right to terminate the contract for good cause.
II. PURCHASE CONDITIONSFitfindery purchases goods exclusively from consumers and entrepreneurs who are not acting in the exercise of a commercial activity when selling to Fitfindery.
Fitfindery only purchases goods that are the property of the seller, are free of third-party rights and meet our purchasing criteria.
Fitfindery only buys from sellers who are over 18 years old.
The seller indemnifies Fitfindery against all claims that are made in connection with an infringement of third-party intellectual property rights (in particular, but not limited to, trademark rights), including all necessary costs that arise only in connection with the defense against a third-party claim (in particular legal costs according to the RVG).
Fitfindery only purchases goods if the goods are sports clothing or accessories or sporty leisure clothing that are subject to exhaustion in accordance with Section 24 of the Trademark Act. This means that we only purchase goods that have been placed on the market in Germany, in one of the other member states of the European Union (EU) or in another state party to the Agreement on the European Economic Area (EEA) by the trademark owner or with their consent. This is the case, for example, if the seller has purchased the goods in the EU or EEA a) directly from the trademark owner or b) from a trader in the EU / EEA who in turn purchased them from the trademark owner. Fitfindery therefore recommends that you always have proof of purchase of the respective goods (e.g. receipt).
III. OFFERS, CONCLUSION OF CONTRACTThe seller makes us a purchase offer by entering the goods individually using the selection fields displayed (category, brand, condition) in the purchase calculator on the website and copying them into the purchase form, provided that he agrees with the price range suggested by Fitfindery. By submitting the purchase form, the seller completes the purchase request and follows all further steps for shipping, about which the seller is informed via email.
The sending of the purchase form and the receipt of the link for creating the delivery note by the seller are not binding, but are merely to be understood as an invitation to the seller to make a purchase offer. Immediately after receipt of the purchase form, the seller receives a confirmation of receipt of the purchase offer in his customer account, which does not constitute acceptance of his offer.
After receipt, we examine the goods at our own discretion according to our purchasing criteria and decide based on these whether the goods will be purchased. You can find the purchasing criteria here .
The seller is informed of the result of the goods inspection by email and in the customer account. An overview of accepted and rejected items is created in the customer account, along with information on which purchase price will be paid and which decisions need to be made regarding the rejected goods.
The seller can request the return of all or individual items from Fitfindery within 7 days of the announcement of the final purchase price by marking the relevant items in their customer account and requesting the return. The total of the purchase offer is reduced by the corresponding amount(s). The costs for the return of the requested goods amounting to €5.49 are to be borne by the seller and are billed separately in the customer account via the bank details provided.
Rejected goods
The seller is asked three times to make a decision about what to do with the rejected goods.
If the seller decides to return the goods, this will be done at the seller's expense in the amount of €10 for expenses and shipping costs, which we will charge the seller separately in their customer account. If the seller does not make a decision or decides not to return the goods in the case of rejected goods, we will hand the items over to specialised recyclers for reasons of environmental protection and sustainability and donate any proceeds to a non-profit organisation.
Acceptance of the purchase offer
The possible acceptance of the purchase offer takes place actively within 7 days by notification from the seller by email using the email template provided or automatically after 7 days, provided that the seller has not requested the return of the goods by then. Fitfindery then arranges for the transfer of the purchase price for all items not rejected and not requested back by the seller. The respective purchase contract is only concluded upon acceptance.
Generally
If the seller offers several items for sale, a separate purchase contract will be concluded for each accepted item.
If the goods do not comply with the purchase conditions, if goods other than those offered are sent, or if Fitfindery receives rejected items multiple times from a seller, the purchase offer will not be accepted. Additional goods that are not the subject of the purchase offer and are not listed on the purchase form will not be processed, paid out or returned.
Goods that are sent to Fitfindery without being part of a sales offer submitted using a purchase form will not be subject to purchase.
Once we have received the goods, the seller has the option of reclaiming the entire sales offer.
IV. PRICES, SHIPPING COSTS, DELIVERYThe purchase price includes any applicable sales tax and packaging by the seller.
The shipping costs are to be borne by the seller.
The risk of accidental loss or accidental deterioration of the goods passes to Fitfindery upon handover. The seller is obliged to package and ship the goods in such a way that no damage occurs to the goods. This does not apply to items that do not comply with the purchase conditions or the goods offered.
If the seller decides to return the goods, this will be done at the seller's expense. If the return delivery to the seller fails due to circumstances for which Fitfindery is not responsible, Fitfindery reserves the right to recycle the goods. No refund will be made.
V. PAYMENT CONDITIONSAfter Fitfindery has completed its inspection of the goods, the seller will receive a notification by email to initiate payment of the purchase price for all items that have not been rejected and not previously requested for return to the bank account stored in their customer account by accepting the purchase offer by email. Cash payment is not possible.
Payment is due no later than 28 days after we have completed the goods inspection. The seller will be informed by email of the completion of the respective goods inspection.
The goods will be inspected no later than 14 working days after we receive the goods.
VI. OBLIGATIONS OF THE SELLER IN CASE OF DEFECTSIf the goods are defective, Fitfindery has the statutory rights in relation to defects.
Our claims for defects expire one year after we receive the goods.
VII. APPLICABLE LAWThe contracts concluded between and the seller are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
GENERAL TERMS AND CONDITIONS OF SALE
I. SCOPEOur deliveries and services to our customers based on orders in our online shop www.fitfindery.com (hereinafter "online shop") are carried out exclusively on the basis of general terms and conditions. They become part of the contract.
These general terms and conditions apply to the sale and delivery of used items from the sportswear, accessories and sportswear leisurewear sector (hereinafter "goods").
The offer and services of Fitfindery and thus also the scope of these general terms and conditions - only apply to consumers in accordance with Section 13 of the German Civil Code (BGB).
You must be at least 18 years old to purchase products from us.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the "Buy" / "Order with payment" button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of the order will follow immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order within 7 days of receipt by declaring the shipping confirmation by email (conclusion of contract).
III. CANCELLATION POLICY
- Start of the cancellation policy -
Right of withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement in your customer account.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocationIf you cancel this contract, we will refund all payments that we have received from you, less delivery costs, promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to Fitfindery GbR, C/O Julia Stettner, Welfenstraße 1, 81541 Munich, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of fourteen days. You will have to bear the costs of returning the goods yourself. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
- End of revocation -
Voluntary right of return when purchasing items from Fitfindery
For all purchases from Fitfindery, in addition to the statutory right of cancellation, we grant you a voluntary right of return of a total of 30 days from the conclusion of the contract. With this right of return, you can withdraw from the contract even after the 14-day cancellation period has expired (see cancellation policy above) by returning the goods to us within 30 days of the conclusion of the contract, specifically to the address stated at the end. Timely dispatch is sufficient to meet the deadline. The prerequisite for exercising the voluntary right of return, however, is that you have only worn/tried the goods for fitting, as in a store, and that you return the goods completely, in their original condition. You are responsible for the costs of return shipping. In the event of a return, you will receive a link via which you can initiate the return shipment via DHL yourself. If you have problems downloading the return label, please contact our customer service.
For returns that reach us later than 30 days after conclusion of the contract, we reserve the right to request proof of timely dispatch. We therefore recommend that you keep the delivery receipt, which shows the time of return, until the return has been fully processed.
If proof of timely return is not provided, we reserve the right to refuse to accept the return of the goods free of charge. In this case, we also reserve the right to charge you for the costs incurred by us for the delayed return.
Fitfindery GbR, C/O Julia Stettner,
Welfenstrasse 1,
81541 Munich
For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
Your statutory right of cancellation is not affected by compliance with our rules on the additional contractually granted (voluntary) right of return and remains in effect regardless of this. Until the deadline for the statutory right of cancellation expires, only the statutory conditions listed there apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you retain without restriction.
IV. PRICES, SHIPPING COSTS, DELIVERYOur prices include VAT and packaging, but exclude shipping costs. These will be invoiced separately as shown in the online shop.
You are responsible for the return shipping costs. If you wish to return the item outside of Germany, please contact our customer service.
We will ship the available goods (handover to the shipping company) after we have accepted your order, but not before the day we receive the full purchase price including shipping costs. We will choose the shipping route and method. We are not responsible for delays caused by the shipping company.
The risk of accidental loss and accidental deterioration of the goods passes to our customer when the shipment is handed over. If the goods are lost or damaged during shipping, the customer does not have to pay for them.
V. PAYMENT CONDITIONS
We only deliver against payment according to the payment methods specified on the order page.
In any case, we reserve title to the delivered goods until the purchase price including shipping costs has been paid in full.
If the customer defaults on payment, we are entitled to demand the provisional return of the goods that are our property at the customer's expense, even without withdrawing from the purchase contract and without granting a grace period.
Payment Methods
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Credit card payment
Credit card billing is handled by Adyen.
VI. CUSTOMER RIGHTS IN THE EVENT OF DEFECTS
The statutory warranty rights apply to all goods from our online shop.
The customer's claims for defects expire after two years from delivery of the used goods, unless otherwise agreed. Instead of these periods, the statutory limitation periods apply in the following cases:
- in case of liability due to intent,
- in the event of fraudulent concealment of a defect,
- for claims against us for damages resulting from injury to life, body or health in the event of an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, and
- for claims for other damages that are based on a grossly negligent breach of duty or on an intentional or negligent breach of duty by one of our legal representatives or vicarious agents.
VII. CLAIMS FOR DAMAGES
We are liable in accordance with the statutory provisions if the customer asserts claims for damages and reimbursement of expenses (hereinafter: claims for damages) that are based on intent, gross negligence or the culpable violation of a material contractual obligation. In the case of gross negligence and in the event of a violation of material contractual obligations, our liability is limited to the damage that is typically foreseeable based on the type of goods and their regular use. A material contractual obligation is the obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act and if we have provided a guarantee for the quality of the goods.
If the customer is entitled to claims for damages under this clause, these shall expire twelve months after delivery. In the case of claims for damages due to injury to life, body or health or freedom and in the case of claims for damages under the Product Liability Act, the statutory limitation periods apply.#
VIII. APPLICABLE LAWThe contracts concluded between us and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The non-exclusive place of jurisdiction is Berlin. This means that claims in connection with these General Terms and Conditions that arise from mandatory consumer protection laws can be asserted either in Germany or in the member state in which you live. IX. CONTRACT STORAGE
We save the contract text and send you the order data and the general terms and conditions by email. You can view and download the general terms and conditions here on this page at any time. You can view your past orders in our customer login. X. IMPRINT
Fitfindery GbR, Welfenstrasse 1, 81541 Munich,
represented by the shareholders Julia Stettner and Sonia Mackewicz.
VAT ID: XXX
Commercial Register XXX
XI. PROMOTIONAL VOUCHERS, NEW CUSTOMER VOUCHERS
We will not refund new customer vouchers or other promotional vouchers if an item is returned. If such a voucher is used to purchase one or more items that fall under the voucher conditions, the amount of this voucher will be distributed proportionally according to the value of the goods and deducted from the price of the respective items. If you return one or more items, the reduced amount will be refunded. This corresponds to the item price reduced by the amount of the voucher, which is proportionally allocated to these items.
For purchase vouchers, the cancellation policy under point III applies.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 36 VSBGThe European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/ . We are not obliged and generally not willing to participate in a dispute resolution procedure before an arbitration board.