Terms and Conditions
GTC – General Terms and Conditions
For Private Customers
1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Methods
7. Right of Withdrawal
8. Retention of Title
9. Transport Damage
10. Warranty for Defects and Guarantee
11. Liability
12. Storage of the Contract Text
13. Dispute Resolution
14. Place of Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. For the business relationship between "Healthfix GmbH", Bentheimer Str. 66, 48529 Nordhorn (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply.
1.2. You can reach our customer service for questions, complaints and claims on weekdays from 9:00 a.m. to 5:00 p.m. by e-mail at service@gohealthfix.com
1.3. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to his commercial nor his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity. This requires text form.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise noted with the products. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can non-bindingly select products from the seller's assortment and collect them in a so-called shopping cart using the [add to cart] button. Afterwards, the customer can proceed to complete the ordering process within the shopping cart using the [Proceed to Checkout] button.
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog.
3.2. By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, which lists the customer's order again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches, hands over the ordered product to the customer within 2 days, or confirms the dispatch to the customer within 2 days with a second e-mail, express order confirmation, or sending of the invoice.
3.4. If the seller enables payment in advance, the contract is concluded with the provision of bank details and the request for payment. If payment, despite being due and after repeated request, has not been received by the seller within 30 calendar days of sending the order confirmation, the seller withdraws from the contract, with the consequence that the order becomes void and the seller is not obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article for advance payments therefore takes place for a maximum of 30 calendar days. Claims for damages by the seller due to the circumstances triggering the withdrawal remain unaffected.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If payment in advance has been agreed, delivery will take place within 1 to 3 weeks after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments already made will be reimbursed to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier without fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse any consideration already paid to the customer.
5.5. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process.
6.2 The following payment methods are generally available to the customer in our shop:
Payment in advance
If you choose the payment method "payment in advance," we will provide you with our bank details in a separate email and deliver the goods after payment has been received.
Credit card
By placing your order, you simultaneously transmit your credit card details to us.
After your legitimation as the legitimate cardholder, we will immediately request your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and your card is debited.
Direct Debit via Stripe
After successful address and creditworthiness check during the ordering process, you grant us and our payment service provider Stripe, Inc. a SEPA direct debit mandate with the submission of the order. By submitting the direct debit mandate, Stripe requests your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account will be debited before the goods are shipped. For payment processing via Stripe, the terms and conditions and privacy policy of Stripe may apply in addition to our GTC.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately thereafter. Further information can be found during the ordering process.
When paying via PayPal, PayPal's terms and conditions apply:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
Instant Transfer
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account enabled for participation in Sofort with PIN/TAN procedure, legitimize yourself accordingly and confirm the payment instruction to us. Further information can be found during the ordering process. The payment transaction is carried out immediately thereafter by Sofort and your account is debited.
By Invoice
In cooperation with Klarna, the seller offers purchase on account as a payment option. When paying with Klarna, the customer never has to enter their account details and only pays after receiving the goods.
For the Klarna invoice payment method, delivery to a delivery address different from the billing address is not possible.
When purchasing on account with Klarna, the seller always ships the goods first, and the customer always has a payment period of 14 days from the dispatch of the goods. Further information and Klarna's complete terms and conditions for purchase on account can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/23785/de_de/invoice?fee=0
Klarna examines and evaluates the consumer's data and, if there is a legitimate reason, engages in data exchange with other companies and credit agencies (credit check). If the consumer's creditworthiness is not assured, Klarna AB can refuse Klarna's payment methods to the customer and must point out alternative payment options. The customer's personal data will be treated in accordance with data protection law and will not be passed on to third parties for advertising purposes. You can find more information about Klarna's data protection regulations here:
Further information about Klarna can be found at . Klarna AB, company and corporate number: 556737-0431
6.3. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.4. The customer is only entitled to set off claims if his counterclaims have been legally established or are undisputed or recognized by the seller, or if the seller is insolvent. Consumers also have the option to set off counterclaims that are legally related to the consumer's liability. Furthermore, offsetting by the customer is excluded. In addition, the customer has a right of retention only if and to the extent that his counterclaim is based on the same contractual relationship.
7. Right of Withdrawal
The seller has the statutory right of withdrawal as described in the cancellation policy.
8. Retention of Title
8.1 The seller retains ownership of the purchased item until full payment of the invoice amount. The corresponding security rights are transferable to third parties. Extraordinary dispositions such as pledging or chattel mortgaging are not permitted. In the event of processing, mixing or combining the reserved goods with other material, the seller acquires co-ownership of the resulting products in proportion to the value of the reserved goods to that of the other material.
In the event of seizure of the reserved goods, the customer must inform the seller immediately and support him in securing his rights and reimburse all costs arising in this regard, in particular those in connection with an opposition process.
9. Transport Damage
If goods are delivered with obvious transport damage, the customer should immediately complain about such defects to the deliverer and contact the seller without delay. Failure to complain or make contact has no consequences for statutory claims and their enforcement, in particular the customer's warranty rights. However, the customer helps the seller to assert his own claims against the carrier or the transport insurance.
10. Warranty for Defects and Guarantee
10.1 Unless expressly agreed otherwise below, the statutory liability for defects applies. The limitation period for claims for defects in used goods is one year from the delivery of the goods.
10.2 The above limitations and shortening of deadlines do not apply to claims for damages caused by the seller, his legal representatives or vicarious agents
- in case of injury to life, limb or health
- in the event of a breach of other legal rights in the case of intentional or grossly negligent breach of duty and malice
- in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the contractual partner can regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
11. Liability
11.1. For the seller's liability for damages, the following liability exclusions and limitations apply, irrespective of the other statutory claim requirements.
11.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
11.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4. The aforementioned limitations of liability do not apply in cases of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11.6 Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
12. Storage of the Contract Text
12.1. The customer can print out the contract text before placing the order with the seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the GTC including the cancellation policy and information on shipping costs as well as delivery and payment conditions. If the customer has registered in the shop, he can view his placed orders in his profile area. In addition, the seller stores the contract text, but does not make it accessible on the internet.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here: https://ec.europa.eu/consumers/odr/.
The seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Place of Jurisdiction, Applicable Law, Contract Language
14.1. The place of jurisdiction and performance is the seller's registered office, if the customer is a merchant, a legal entity under public law, or a special fund under public law.
14.2. The contract language is German.
For Business Customers
1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Methods
7. Right of Withdrawal
8. Retention of Title
9. Transport Damage
10. Liability and Statute of Limitations
11. Storage of the Contract Text
12. Dispute Resolution
13. Place of Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. For the business relationship between "Healthfix GmbH", Bentheimer Str. 66, 48529 Nordhorn (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply, if the customer is an entrepreneur. Otherwise, the GTC for private customers apply.
1.2. You can reach our customer service for questions, complaints and claims by e-mail at service@gohealthfix.com.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity. This requires text form.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise noted with the products. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can non-bindingly select products from the seller's assortment and collect them in a so-called shopping cart using the button [add to cart]. Subsequently, the customer can proceed to complete the order process within the shopping cart via the button [Proceed to Checkout].
The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog.
3.2. By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches or hands over the ordered product to the customer within 2 days, or confirms the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation, or by sending the invoice.
3.4. Should the seller allow prepayment, the contract is concluded with the provision of bank details and payment request. If payment, despite being due, is not received by the seller within 30 calendar days after sending the order confirmation, even after a further reminder, the seller withdraws from the contract, with the consequence that the order becomes void and the seller is not obliged to deliver. The order is then settled for both the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 30 calendar days. Claims for damages by the seller due to the circumstances triggering the withdrawal remain unaffected by this.
3.5 Irrespective of the above, the customer can also express a wish for an offer by personal inquiry to the seller. The seller is then free to send the customer an offer in text form, which the customer can accept. The purchase contract is concluded when the customer explicitly confirms this again in text form or makes a payment for the seller's offer that can be clearly attributed to the offer. Should neither occur within 30 days, the offer is no longer valid.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If prepayment has been agreed upon, delivery will take place within 1 to 3 weeks after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be reimbursed to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any services already rendered by the customer.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Methods
The following clauses apply without restriction to orders that do not exceed a merchandise value of €10,000.
6.1. The customer can choose from the available payment methods during and before the completion of the order process.
6.2 The following payment methods are generally available to the customer in our shop:
Prepayment
If you choose prepayment as your payment method, we will provide you with our bank details in a separate e-mail and will deliver the goods after receipt of payment.
Credit Card
By submitting your order, you simultaneously transmit your credit card data to us.
After your legitimation as a legitimate cardholder, we will immediately after the order request your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and your card is debited.
Direct Debit via Stripe
After successful address and credit check within the ordering process, you grant us and our payment service provider Stripe, Inc. a SEPA direct debit mandate upon submitting your order. By submitting the direct debit mandate, Stripe requests your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account will be debited before the goods are shipped. In addition to our GTC, the GTC and the privacy policy of Stripe may apply for payment processing via Stripe.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is then automatically carried out by PayPal immediately. Further information can be found during the ordering process.
The terms and conditions of PayPal apply to the payment process via PayPal:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
Sofortüberweisung (Instant Transfer)
After submitting your order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort,
legitimize yourself accordingly, and confirm the payment instruction to us. Further information can be found during the ordering process. The payment transaction will be carried out immediately thereafter by
Sofort and your account will be debited.
Normal Invoice
If the customer wishes to pay an invoice from the seller that they received outside the online shop, payment must be made within 30 days of receipt of the goods and the invoice without deduction.
Invoice via Klarna
In cooperation with Klarna, the seller offers purchase on account as a payment option in the online shop. When paying with Klarna, the customer never has to provide their account details, and they only pay when they have received the goods.
For the Klarna invoice payment method, delivery to a delivery address different from the billing address is not possible.
When purchasing on account with Klarna, the seller always ships the goods first, and the customer always has a payment period of 14 days from the shipment of the goods. Further information and Klarna's complete terms and conditions for purchase on account can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/23785/de_de/invoice?fee=0
Klarna checks and evaluates the consumer's data and, where justified, exchanges data with other companies and credit agencies (credit check). If the consumer's creditworthiness is not guaranteed, Klarna AB can refuse Klarna's payment methods to the customer and must refer to alternative payment options. The customer's personal data will be treated in accordance with data protection law and will not be passed on to third parties for advertising purposes. You can find more information on Klarna's privacy policy here:
Further information about Klarna can be found at . Klarna AB, company and corporate registration number: 556737-0431
6.3. The customer's obligation to pay default interest does not exclude the seller's right to claim further damages due to delay.
6.4. The customer is only entitled to offset claims if his counterclaims have been legally established or are undisputed or acknowledged by the seller, or if the seller is insolvent. Consumers also have the option to offset counterclaims that are legally related to the consumer's liability. Beyond this, offsetting by the customer is excluded. Furthermore, the customer only has a right of retention if and to the extent that his counterclaim is based on the same contractual relationship.
6.5 If the customer is in arrears with any payment obligations to the seller, all existing claims become due immediately.
7. Right of Withdrawal
The seller is entitled to the statutory right of withdrawal as described in the cancellation policy.
8. Retention of Title
8.1 The seller retains ownership of the purchased goods until all outstanding claims from the business relationship with the customer have been settled.
8.2 The corresponding security rights are transferable to third parties.
8.3 Extraordinary dispositions such as pledging or chattel mortgaging are not permitted.
8.4 In the event of processing, mixing, or combining the reserved goods with other materials, the seller acquires co-ownership of the resulting products in proportion to the value of the reserved goods to that of the other materials.
8.5 In the event of seizure of the reserved goods, the customer must immediately inform the seller and assist him in securing his rights, as well as reimburse all costs incurred in this regard, especially those related to an opposition lawsuit.
9. Transport Damages
9.1 The risk of accidental loss and accidental deterioration passes to the customer as soon as the seller has delivered the goods to the forwarder, carrier, or other person or institution designated to carry out the shipment.
9.2 If the customer is in default of acceptance, this is equivalent to delivery.
9.3 Among merchants, the duty to examine and give notice of defects as regulated in § 377 HGB applies. If the customer fails to give the notice regulated therein within 14 days, the goods shall be deemed approved, unless the defect was not recognizable during the examination. This does not apply if the seller has fraudulently concealed a defect.
9.4 After conclusion of the contract, there is no right of withdrawal, revocation, or termination if the customer does not like the goods.
10. Liability and Statute of Limitations
10.1. For the seller's liability for damages, the following exclusions and limitations of liability apply, without prejudice to other statutory claim requirements.
10.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slight negligent breach of essential duties, the breach of which jeopardizes the achievement of the contractual purpose, or for the breach of duties, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slight negligent breach of duties other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10.6 Claims of the customer for material defects become time-barred one year after handover/delivery of the purchased item to the customer. This excludes claims for damages due to injury to life, body or health and/or claims for damages due to grossly negligent or intentionally caused damage by the seller. In this respect, the statutory limitation periods apply.
10.7 Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
11. Storage of Contract Text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by them. Along with the order confirmation, the customer also receives a copy of the GTC, including the cancellation policy and information on shipping costs as well as delivery and payment conditions. If the customer has registered in the shop, they can view their placed orders in their profile area. Furthermore, the seller stores the contract text, but does not make it accessible on the internet.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here https://ec.europa.eu/consumers/odr/.
The seller is not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
13. Place of Jurisdiction, Applicable Law, Contract Language
13.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
13.2. The contract language is German.
13.3 The law of the Federal Republic of Germany applies to the business relations between the seller and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The same applies if the customer has no general place of jurisdiction in Germany or another EU member state, or if the domicile or habitual residence is unknown at the time the action is filed.