Terms & Conditions

General Terms and Conditions with Customer Information

Table of Contents

* Scope of Application
* Conclusion of Contract
* Right of Withdrawal
* Prices and Payment Terms
* Delivery and Shipping Conditions
* Retention of Title
* Liability for Defects (Warranty)
* Liability
* Applicable Law
* Alternative Dispute Resolution

1. Scope of Application

1.1

These General Terms and Conditions (hereinafter referred to as the “GTC”) of Mahmoud Sheikh Issa, trading under the name “Nexfit360” (hereinafter referred to as the “Seller”), shall apply to all contracts for the supply of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the “Customer”) in relation to the goods presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise expressly agreed.

1.2

For the purposes of these GTC, a Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3

For the purposes of these GTC, a Business Customer (Entrepreneur) is any natural or legal person, or a legal partnership with legal capacity, acting in the course of their commercial or independent professional activity when entering into a legal transaction.

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2. Conclusion of Contract

2.1

The product descriptions displayed in the Seller’s online store do not constitute legally binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2

The Customer may submit an offer using the online order form integrated into the Seller’s online store. After placing the selected products into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process.

2.3

The Seller may accept the Customer’s offer within five (5) days by:

* sending the Customer a written order confirmation or an order confirmation in text form (e.g., by email or fax), whereby receipt of the confirmation by the Customer shall be decisive; or
* delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
* requesting payment from the Customer after the order has been placed.

If more than one of the above alternatives applies, the contract shall be concluded at the time when the first of these alternatives occurs.

The acceptance period begins on the day following the submission of the Customer’s offer and ends at the close of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by it.

2.4

If the Customer selects a payment method offered by PayPal, payment processing shall be carried out through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s User Agreement available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

If the Customer does not have a PayPal account, the payment shall be subject to PayPal’s terms for payments without a PayPal account, available at:

https://www.paypal.com/de/legalhub/paypal/privacywax-full

When the Customer selects a PayPal payment method available during checkout, the Seller hereby accepts the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5

When an offer is submitted via the Seller’s online order form, the contract text shall be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted. No further access to the contract text shall be provided by the Seller.

2.6

Before submitting a binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reviewing the information displayed on the screen. A useful technical means of identifying input errors is the browser’s zoom function, which enlarges the display. The Customer may correct their entries at any time during the electronic ordering process using the standard keyboard and mouse functions until clicking the button that completes the order.

2.7

The contract may be concluded in different languages. The available language options are displayed in the online store.

2.8

Order processing and communication are generally carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and capable of receiving emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be successfully delivered.

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3. Right of Withdrawal

3.1

Consumers are generally entitled to a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller’s Withdrawal Policy.

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4. Prices and Payment Terms

4.1

Unless otherwise stated in the respective product description, all prices quoted are total prices and include the applicable statutory value-added tax (VAT). Any additional delivery or shipping costs shall be indicated separately in the relevant product description.

4.2

The available payment methods shall be communicated to the Customer in the Seller’s online store.

4.3

If the Customer selects a payment method offered through PayPal, payment processing shall be carried out via PayPal, which may use the services of third-party payment providers.

If the Seller offers payment methods through PayPal that involve advance payment to the Customer (such as purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the Customer.

Before accepting the assignment, PayPal or the commissioned payment service provider may conduct a credit check using the Customer’s submitted data. The Seller reserves the right to reject the selected payment method if the credit assessment is unfavorable.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment schedule.

In such cases, payment with discharging effect can only be made to PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of the payment claim, the Seller remains responsible for general customer inquiries regarding the goods, delivery times, shipping, returns, complaints, withdrawal notices, return shipments, and credit notes.

4.4

If the Customer selects the “Sofort Bank Transfer” payment method, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, SE-111 34 Stockholm, Sweden (“Klarna”).

To use this payment method, the Customer must have an online banking account enabled for Sofort Bank Transfer, authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is executed immediately by Klarna, and the Customer’s bank account is debited accordingly.

Further information is available at:

https://www.klarna.com/sofort/

4.5

If the Customer selects a payment method offered through Shopify Payments, payment processing shall be carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”).

The payment methods available through Shopify Payments are displayed in the Seller’s online store. Stripe may use additional payment service providers to process payments, which may be subject to separate terms and conditions. Customers will be informed separately where applicable.

Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments-de

5. Delivery and Shipping Conditions

5.1

Where the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive. If the Customer selects PayPal as the payment method, the delivery address stored with PayPal at the time of payment shall be deemed the applicable delivery address.

5.2

If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the original shipping costs if the Customer validly exercises the statutory right of withdrawal. The provisions set out in the Seller’s Withdrawal Policy shall apply to the costs of returning the goods where the Customer has validly exercised the right of withdrawal.

5.3

If the Customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or any other person or organization designated to carry out the shipment.

If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration shall generally pass only when the goods are delivered to the Customer or to a person authorized to receive them.

Notwithstanding the above, the risk shall pass to the consumer once the Seller has handed the goods over to the carrier or other shipping provider if the Customer has independently commissioned that carrier or shipping provider and the Seller has not previously designated that person or organization.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply by its suppliers. This shall apply only where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier while exercising due care. The Seller shall make all reasonable efforts to procure the ordered goods. If the goods are unavailable, or only partially available, the Customer shall be informed immediately and any payments already made shall be refunded without undue delay.

5.5

Self-collection of goods is not possible for logistical reasons.

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6. Retention of Title

Where the Seller performs in advance, ownership of the delivered goods shall remain with the Seller until the purchase price has been paid in full.

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7. Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects shall apply.

7.1 Business Customers

If the Customer is acting as a business:

* The Seller shall have the right to choose the method of subsequent performance (repair or replacement).
* For new goods, the limitation period for warranty claims shall be one (1) year from the date of delivery.
* Warranty claims for used goods shall be excluded.
* The limitation period shall not restart if replacement goods are supplied under the warranty.

7.2 Exceptions

The above limitations of liability and reductions of limitation periods shall not apply:

* to claims for damages or reimbursement of expenses by the Customer;
* where the Seller has fraudulently concealed a defect;
* to goods that have been used in accordance with their customary purpose in a building and have caused that building to be defective;
* or where the Seller is legally required to provide updates for digital products, including contracts involving goods with digital elements.

7.3

For business customers, the statutory limitation periods for any legal right of recourse shall remain unaffected.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect the goods and notify defects in accordance with Section 377 HGB. Failure to comply with these notification obligations shall result in the goods being deemed accepted.

7.5

If the Customer is a consumer, they are requested to report any obvious transport damage directly to the delivery carrier and to notify the Seller accordingly. Failure to do so shall not affect the Customer’s statutory or contractual warranty rights.

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8. Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows.

8.1 Unlimited Liability

The Seller shall be liable without limitation:

* in cases of intent or gross negligence;
* for intentional or negligent injury to life, body, or health;
* under an express guarantee, unless otherwise provided;
* and where liability is mandatory under applicable law, including the German Product Liability Act.

8.2 Limitation of Liability

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract unless unlimited liability applies under Section 8.1.

Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose performance the Customer may reasonably rely.

8.3

Any further liability on the part of the Seller is excluded.

8.4

The above liability provisions shall also apply to the Seller’s legal representatives, employees, and agents.

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9. Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of international sales law.

For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

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10. Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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