Contractual terms and conditions within the framework of purchase contracts

which are available via the online shop

between

Fraga Nutrition & Sport, Paolo Andrea Fragapane,

Etzelstraße 36, 66333 Völklingen,

VAT identification number: DE 370412500

- hereinafter referred to as “ Provider ” -

and

the customer referred to in Section 2 of the contract

- hereinafter referred to as “ Customer ” -

be closed.

§ 1 Scope, definitions

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Fraga Nutrition & Sport (hereinafter "Provider") and the customer (hereinafter "Customer"). Deviating general terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range, in particular (food supplements and fitness products), and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with payment" button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby including them in their application.

(2) 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.

(3) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(4) The contract shall be concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, the delivery time is four days.

(2) If no copies of the selected product are available at the time the customer places the order, the provider will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, a contract will not be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany

§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the provider’s website (online shop) include the applicable statutory value added tax.

(2) The corresponding shipping costs will be stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. For orders valued at EUR 40.00 or more, the provider delivers to the customer free of shipping costs.

(3) The goods will be shipped by post or by postal service. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.

§ 6 Terms of payment

(1) The customer can pay during the ordering process in the online shop using the payment methods offered. These are: PayPal, credit card: Visa, Mastercard, American Express, Klarna invoice, Klarna Sofort, Sofort Überweisung, Apple Pay, Google Pay.

(2) If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

(3) The customer can change the payment method stored in his user account at any time.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer shall be in default simply by missing this date. In this case, the customer shall pay the provider default interest for the year at a rate of 5 percentage points above the base interest rate.

(5) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) If the purchased item is defective, the statutory liability for defects shall apply.

The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

(2) The statutory warranty for defects applies. Information on any applicable additional warranties and their exact terms and conditions can be found with the respective product.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the provider and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

Otherwise, claims for damages are excluded.

§ 9 Alternative dispute resolution

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

(2) The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

§ 10 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer, as a consumer, has his or her habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

last updated: 31.10.2024