TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE COMPANY GERMAN CAPITAL INTELLIGENCE FZO
2023-07-19

1. Subject of the Terms and Conditions, Scope of Application

For all deliveries of the company GERMAN CAPITAL INTELLIGENCE FZO (hereinafter referred to as FitBurn) the following terms and conditions apply exclusively. They are a component of all offers of FitBurn and agreements with FitBurn, with constant business connection also for all future business. Other conditions of the customer are only valid if they are confirmed in writing by a person authorized to represent FitBurn. This also applies if FitBurn has not expressly objected to the different conditions or if the customer has made reference to different conditions in his order.

2. Conclusion of contract

1. • 2.1 The presentation of the products in the online store of FitBurn is only a non-binding invitation to the buyer to order. By placing an order, the customer makes a binding offer to conclude a contract for the items contained in the shopping cart. FitBurn will confirm the receipt of the order immediately by e-mail. By the automated order confirmation of the store system no contractual relationship comes off yet. A contract is only concluded when FitBurn accepts the orderer’s offer by delivering the ordered items to the orderer. Only with this separate declaration of acceptance, the purchase contract with FitBurn is concluded.
   • 2.2 All information on delivery items and services in catalogs, brochures, circulars, advertisements, illustrations and price lists, etc. are merely descriptions, markings or reference values, unless otherwise stated in the order confirmation. We reserve the right to insignificant deviations from catalogs etc. or previously delivered goods.
   • 2.3 Ancillary agreements or amendments to these terms and conditions must be made in writing.

3. Scope of services

The exact scope of services results from the order confirmation / invoice from FitBurn.

4. Disturbance of the basis of business

• • 4.1 If circumstances have changed seriously after the conclusion of the contract or if unforeseeable events such as force majeure, in particular mobilization, war, riots, boycotts or operational disruptions, strikes and lockouts, official interventions, energy supply difficulties, difficulties in the procurement of materials, affect the production or procurement of the delivered goods, FitBurn may demand the adjustment of the contract or, at your option, withdraw from the contract.
  • 4.2 The customer is aware that FitBurn products are partly counted as food supplements and are also manufactured abroad by third-party suppliers. In the event that the legal provisions for the import of such products, import and export regulations of the countries are revoked in whole or in substantial parts, and therefore the delivery becomes impossible for the manufacturer, FitBurn is entitled to withdraw from the contract. The same applies in the event that sufficient quantities of raw materials are no longer available on the market or are only available with additional payments.
  • 4.3 If after the conclusion of the contract a risk to FitBurn’s remuneration claim becomes apparent, FitBurn can demand advance payment or withdraw from the contract. All claims of FitBurn are in this case irrespective of agreed payment terms immediately and in full to be met by the customer.
  • 4.4 If wage and/or material costs increase after conclusion of the contract not only insignificantly, FitBurn can adjust the delivery price appropriately or, if the orderer objects to the delivery price increase, withdraw from the contract.

5. Prices, terms of payment, default in payment, set-off

• • 5.1 The prices stated in the shopping cart refer to the delivery goods ex works supplier or FitBurn warehouse Porta Westfalica, including packaging and transport. If the customer has special requirements for the packaging, these are to be agreed individually and separately in writing.
  • 5.2 All prices are subject to the countries specific VAT valid at the time of delivery.
  • 5.3 The purchaser accepts only the payment methods offered during the ordering process in the online store. These are:

1. • Paypal
   • Creditcard: Visa, Mastercard, American Express
   • Apple Pay
   • Google Pay
     

• • 5.4 The customer selects his preferred method of payment among the available payment methods himself
  • Paypal: If a payment is made via PayPal, the orderer must have a PayPal account and legitimize himself with his PayPal credentials. Then the purchaser must go through the PayPal payment process and confirm the payment to the FitBurn. Through the payment method PayPal can also be paid without a PayPal user account. With regard to the guest function of PayPal, the provisions available via the payment method apply. If the customer chooses to pay by credit card in PayPal, he may be asked for a required second authentication feature by displaying the website of the credit institution, depending on the amount of the payment or the type of delivery. The customer must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app.
  • Creditcard: If a delivery is made against payment by credit card, the purchaser, by disclosing his credit card details, authorizes the relevant credit card company to charge the full invoice amount, including any delivery and shipping costs, when due. At the end of the ordering process, the customer will be asked to enter his credit card number, the expiration date of the credit card and the check digit in the corresponding form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a second authentication feature by being shown the website of the credit institution. The customer must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the customer’s credit card institution). In this case, the charge is initiated with the order confirmation.
    
  • Aplle Pay: If a delivery is made against payment by credit card, the purchaser, by disclosing his credit card details, authorizes the relevant credit card company to charge the full invoice amount, including any delivery and shipping costs incurred, on the due date. At the end of the ordering process, the customer is requested to enter his credit card number, the expiration date of the credit card and the check digit in the corresponding form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a required second authentication feature by displaying the website of the credit institution. The customer must then verify the payment transaction with his or her personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the customer’s credit card institution). In this case, the charge is initiated with the order confirmation.

• • Google Pay: If a delivery is made against payment by credit card, the purchaser, by disclosing his credit card details, authorizes the relevant credit card company to charge the full invoice amount, including any delivery and shipping costs incurred, on the due date. At the end of the ordering process, the customer is requested to enter his credit card number, the expiration date of the credit card and the check digit in the corresponding form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a required second authentication feature by displaying the website of the credit institution. The customer must then verify the payment transaction with his or her personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the customer’s credit card institution). In this case, the charge is initiated with the order confirmation.
    

6. Action vouchers & betting vouchers

• • 6.1 Promotional vouchers are vouchers that cannot be purchased, but are vouchers that FitBurn issues as part of promotional campaigns with a specific validity period.
  • 6.2 Promotional vouchers are vouchers that cannot be purchased, but vouchers that Fitburn issues as part of promotional campaigns with a specific validity period.
  • 6.3 the value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
  • 6.4 Promotion vouchers can only be redeemed before completing the order process. A subsequent credit is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotion vouchers cannot be combined with each other, unless otherwise specified in the conditions of participation of the promotion.
  • 6.5 Should the total value of the order fall below the respective minimum order value of the promotional voucher used due to a later return of ordered goods, FitBurn reserves the right to charge the original price of the ordered goods and to invoice the customer subsequently.

7. Vouchers, product vouchers and their redemption 

• • 7.1 Value vouchers are vouchers for a certain purchase value, which FitBurn exclusively issues to the purchaser, e.g. for reasons of goodwill. They are customer-bound, non-transferable and cannot be purchased. A cash payment is not possible.
  • To redeem a value voucher, enter its code in the field provided before completing the order process. The amount deposited for the value voucher will be deducted from the value of the order. Remaining voucher amounts are retained and can be redeemed during the next order process by re-entering the voucher code as before. Orders that exceed the voucher amount in value can be settled with the offered payment options.
  • 7.2 Product vouchers are vouchers for a specific product (e.g. ESN Designer Whey), which FitBurn exclusively issues to the purchaser, e.g. for reasons of goodwill. They are customer-bound, not transferable and cannot be purchased. A cash payment is not possible. To redeem a product voucher, enter its code in the Support Center of the customer account in the field provided. The product deposited for the product voucher is automatically deposited in the customer’s shopping cart and thus added to the order.
    

8. Repayment

• • 8.1 FitBurn will automatically arrange for any refunds to be made to the account used by the purchaser for payment. If payment is made by invoice, the refund will be instructed to the account from which the transfer was made. If the Purchaser has paid via external payment providers, the refund will be made to the account associated with that payment. If the orderer has used a value voucher for his purchase, the corresponding amount will be credited to his value voucher account.
  • 8.2 Should FitBurn have to take extrajudicial or judicial measures against the orderer outside of the Federal Republic of Germany in order to enforce the fulfillment of its contractual claims, the orderer is to be reimbursed for all extrajudicial and judicial costs plus attorney’s fees that would have to be reimbursed under German substantive or procedural law. A purchaser with registered office outside the Federal Republic of Germany accepts these conditions when placing an order.
  • 8.3 The purchaser may only offset claims that are not disputed or have been established as final and absolute or assert a right of retention on account of such claims.
  • 8.4 If payment by installments has been agreed upon and if the customer is in default even with only a part of an installment, the remaining amount shall be due immediately at once.

9. Delivery times, delay

Delivery periods are always only approximate and non-binding. Their commencement presupposes the clarification of all technical questions, the timely and complete fulfillment of the customer’s duties to cooperate and compliance with the terms of payment – also with regard to other orders. If these prerequisites are not met, the deadlines are extended appropriately, but at least by the period of the delay. FitBurn is not responsible for unforeseen difficulties in the procurement of materials, labor, transportation and energy, tool breakage, force majeure, in particular mobilization, war, riot, boycott, strike and lockout. If the orderer sets FitBurn after delay entrance an appropriate respite, it is entitled after period expiration to withdraw from the contract or, if the delay is based on rough negligence or resolution of FitBurn, payment of damages, instead of the achievement to require. § 286 paragraph 2 BGB is abgedungen. The orderer has no further claims.

10. Delivery

• • 10.1 Deliveries are made with transport insurance ex warehouse Polar, warehouse Goodtimes GmbH, warehouse Swissnutrition or warehouse Olimp. The choice of shipping method is made by the customer through the store offered by FitBurn.
  • 10.2 The delivery of the goods, which are delivered in a package or otherwise by mail, shall be made by mail (package, small package, letter, forwarding agent, etc.) to the delivery address provided by the Customer in the order, unless otherwise agreed with the Customer.
  • 10.3 The delivery time is indicated separately with the respective article or in the product description on the article page.
  • 10.4 The delivery time is indicated separately with the respective article or in the product description on the article page.
  • 10.5 Orders can be placed by all customers from the European Economic Area and, if applicable, the other countries specified in the online store and/or in the shipping costs table. Orders will only be delivered to Germany and to the countries indicated in the online store and/or in the shipping costs table.
  • 10.6 If the carrier sends the object of purchase back to FitBurn because delivery to the orderer was not possible, the orderer bears the costs for a new shipment. This does not apply if the orderer has exercised a possibly existing right of withdrawal parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the orderer was temporarily prevented from accepting the offered service, unless Fitburn had given him reasonable prior notice of the service.

11. Retention of title

• • 11.1 FitBurn retains ownership of the goods delivered to the customer until full payment of all claims arising from the business relationship between FitBurn and the customer at the time of delivery or arising later from the contractual relationship; in the case of payment by check or bill of exchange until they are honored. The inclusion of individual claims in a current invoice as well as the drawing of a balance and its recognition do not affect the retention of title.
  • 11.2 The purchaser is entitled to resell the reserved goods in the normal course of business. However, he is not permitted to pledge, transfer by way of security or assignment by way of security. The orderer is obligated to secure the rights of FitBurn as a conditional seller when reselling conditional goods on credit on his part. The orderer assigns the claims of the orderer from the resale of reserved goods to FitBurn in advance; FitBurn accepts this assignment. Notwithstanding the assignment and FitBurn’s right to collect, the orderer is entitled to collect as long as it meets its obligations to FitBurn and FitBurn’s claim to remuneration is not at risk. At the request of FitBurn, the orderer must provide the necessary information on the assigned claims and notify his debtors of the assignment. The ordering party undertakes any processing or treatment of the goods subject to retention of title for FitBurn, without FitBurn being obligated as a result. In the event of processing, combination, mixing and blending of goods subject to retention of title with other goods not belonging to FitBurn, FitBurn is entitled to the resulting co-ownership share in the new item in the ratio of the delivery value of the goods subject to retention of title to the other processed goods at the time of processing, combination, mixing or blending. If the orderer acquires the sole ownership of the new thing, then it is agreed with FitBurn that the orderer grants FitBurn in proportion to the delivery value of the processed and/or connected, mixed or blended reservation commodity co-ownership at the new thing and these free of charge for FitBurn keeps. If the goods subject to retention of title are resold together with other goods, regardless of whether without or after processing, combining, mixing or blending, the advance assignment is limited to the delivery value of the goods subject to retention of title.
  • 11.3 If the value of the securities exceeds the claims of FitBurn by more than 20%, FitBurn will release securities at its discretion at the request of the customer.
  • 11.4 The customer must inform FitBurn immediately of any enforcement measures by third parties against the goods subject to retention of title or the claims assigned in advance and provide FitBurn with the documents necessary for an intervention.
  • 11.4 As soon as the Buyer has ceased payments or an application has been filed for the opening of insolvency proceedings against its assets, the Buyer shall immediately send the Seller a list of the goods subject to retention of title that are still in existence, even if they have been processed, and a list of the claims against the third-party debtors together with copies of the invoices. The Buyer shall grant the Seller an irrevocable right of access to all storage rooms at any time in order to enable the Seller to take stock of and possibly mark the Seller’s goods.
  • 11.5 In addition, the orderer is obligated to adequately insure goods that are FitBurn’s sole or joint property against all material risks. Proof of insurance coverage must be provided to FitBurn upon request.
  • 11.6 In the event of default on the part of the orderer, as well as in the event of a significant breach of duties of care and custody on the part of the orderer, the assertion of the retention of title by FitBurn shall not be deemed to be a withdrawal from the contract, unless FitBurn expressly declares the withdrawal.

12. Duty to examine and to give notice of defects

• • 12.1 The orderer has to examine supplied commodity immediately after the supply, in particular also regarding the completeness. Shortages or excess quantities of more than 10% of the agreed quantity and defects must be reported to FitBurn immediately by registered letter in a comprehensible manner.
  • 12.2 Defects that cannot be detected in the course of a proper inspection must be reported to FitBurn within 7 working days of their detection, in compliance with the above-mentioned requirements for notification of defects. In the event of a breach of the duty to inspect and give notice of defects, warranty claims due to the defect in question are excluded. § 377 HGB applies in addition.
  • 12.3 Transport damage must be certified on the spot by the carrier and must also be settled with the carrier. The liability of FitBurn is excluded.

13. Customer account:

• 13.1 The customer can create a customer account in the online store free of charge.
• 13.2 When creating a customer account, the customer will be asked to provide his personal data in accordance with FitBurn’s privacy policy. By providing his data, the customer guarantees its authenticity and accuracy. He is also obliged to keep the data up to date in case of an order. Additional costs with the dispatch, which arise FitBurndurch incorrect or incorrectly entered data, are charged to the orderer. After the creation of the customer account was requested by clicking on “Create”, the orderer receives an e-mail.
• 13.3 By clicking on the link contained therein, the customer confirms his identity and receives confirmation of the creation of his customer account by e-mail.
• 13.3 The customer is entitled to register and operate only one customer account on FitBurn.ai at a time.
• o If FitBurn becomes aware of multiple registrations, FitBurn is entitled to exclude the customer from using the webshop. Customers whose customer account has already been blocked or terminated by us in the past may not create a new customer account. Minors are not allowed to register.
• 13.4 Orderer and FitBurn may at any time terminate the contract on the customer account with immediate effect for the future without giving reasons. FitBurn reserves the right to delete the registration of orderers who have not provided complete data or have provided the wrong data.

14. Deficiencies

• • 14.1 FitBurn purchases products from third-party suppliers and has them manufactured on a contract basis. These are tested by constant quality controls in the laboratory for defects. If defects are found in the quality controls, FitBurn reserves the right to make use of a recall. The costs for the return shipment or destruction will be borne by FitBurn.
  • 14.2 The exclusion of deviations customary in the industry requires express written agreement. The same applies to any guarantees. Minor, non-substantial deviations of the delivered goods, in particular with regard to taste, compared to product samples, store information, brochures and price lists, etc. or previously delivered goods shall not be deemed to be defects. The customer has to check himself whether the ordered goods are suitable for the purpose intended by him. Unsuitable goods are only defective if FitBurn has confirmed the suitability to the orderer in writing.
  • 14.3 FitBurn is entitled to deliver excess or short quantities in the amount of 10% of the ordered goods.
  • 14.5 If newly manufactured delivery goods have not yet been delivered to a consumer, justified and proper notices of defect shall oblige FitBurn, at its option, to remedy the defects by rectification or to redeliver the delivery item or parts of the delivery item. If subsequent deliveries or rectifications fail, the ordering party can only demand a reduction in payment or, at its option, withdraw from the contract. However, the right to withdraw from the contract and any claim for damages in lieu of performance under Clause 12 of these Terms and Conditions shall only apply if the defect is not insignificant.
  • 14.6 If newly manufactured delivery goods have already been delivered to a consumer, the orderer is generally entitled to assert those and only those claims for defects against FitBurn that have arisen for him.
  • 14.7 FitBurn is only obligated to reimburse expenses in accordance with § 439 paragraph 2 BGB, insofar as the orderer has informed FitBurn immediately in writing of the consumer’s request for subsequent performance, has informed FitBurn of the intended type of subsequent performance as well as the approximate associated costs and FitBurn has not objected immediately. The orderer is required to comply with proposals from FitBurn, which mean a more favorable variant of the supplementary performance.
  • 14.9 If FitBurn violates non-performance related obligations according to § 241 paragraph 2 BGB (German Civil Code), the orderer is only entitled to a right of withdrawal and a claim for damages instead of performance beyond the legal requirements if the orderer has previously warned FitBurn in writing and the breach of duty has nevertheless not been refrained from.
  • 14.10 Claims due to defects shall become statute-barred within one year in the case of newly manufactured delivery goods. Otherwise, §§ 444 and 479 BGB remain unaffected.
  • 14.11 If a defect cannot be detected during the inspection after the customer has given notice of the defect, the customer shall bear the costs for the search for the defect.

15. Limitation of Liability, Indemnification

• • 15.1 § 444 BGB (German Civil Code), claims for damages due to injury to life, body and health as well as claims under the Product Liability Act shall remain unaffected by the following limitations of liability.
  • 15.2 If FitBurn has negligently violated an essential obligation for the fulfillment of the purpose of the contract, the liability is limited to the amount of damages typical for comparable transactions of this type, which were foreseeable at the time the contract was made or at the latest when the breach of duty was committed.
  • 15.3 Claims for damages in all other respects are excluded.
  • In particular, FitBurn is not liable for damages to the delivery item itself, nor for consequential damages of any kind, nor is FitBurn liable for lost profits or other financial losses of the customer.
  • 15.4 The above exemption from liability does not apply if FitBurn or its agents are guilty of intent or gross negligence.
  • 15.5 Any further warranty claims and claims for damages of the Purchaser other than those specified in these Terms and Conditions shall be excluded, irrespective of their nature and their legal basis.
  • 15.6 The foregoing limitations of liability shall apply in the same way to tort claims of the Purchaser.
  • 15.7 The liability of FitBurn’s vicarious agents is limited in the same way.

16. Limitation

Unless otherwise specified in these terms and conditions, the limitation period for claims against FitBurn that are not based on intentional conduct attributable to FitBurn is one year.

17. Final provisions

• • 17.1 FitBurn may use third parties to fulfill its obligations.
  • 17.2 German law applies, the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is Englisch.
  • 17.3 The orderer agrees that FitBurn stores and processes personal data and that he will not receive notification of this in individual cases.
  • 17.4 If any of these provisions is or becomes invalid or unenforceable in whole or in part, such provision shall be replaced by a provision that comes as close as possible to the economic purpose. The validity of the remaining provisions shall remain unaffected.
  • 17.5 The exclusive place of jurisdiction for all disputes arising from legal relationships between FitBurn and the orderer in relation to fully qualified merchants and legal entities under public law or special funds under public law is the place of business of FitBurn or, at the discretion of FitBurn, the place of residence of the orderer.
  • 17.6 Unless otherwise stated in the order confirmation, FitBurn’s place of business is the place of performance.