Terms of service
Terms and conditions within the framework of purchase contracts concluded via the platform www.solutions-2m.de between 2M Solutions GmbH, Römerstraße 11, 88255 Baienfurt, Germany, telephone +4915206846581, registered in the commercial register of the District Court of Ulm under HRB 743963, represented by the managing directors Marcel Wahl and Moritz Gresser, VAT identification number: DE351653694, hereinafter referred to as the “Provider”, and the consumer or entrepreneur, hereinafter referred to as the “Customer”.
§ 1 Scope, Definitions
(1) These General Terms and Conditions in their version valid at the time of the order shall apply exclusively to the business relationship between the webshop provider (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 insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of Contract
(1) The customer may select products, in particular fitness accessories, from the provider’s assortment and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the customer may change and review the data at any time. However, the offer may only be submitted and transmitted if the customer accepts these contractual terms by clicking the “Accept Terms and Conditions” button and thereby includes them in their offer.
(2) The provider then sends the customer an automatic order confirmation by email, in which the customer’s order is listed again and which the customer can print using the “Print” function. The automatic order confirmation merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded upon submission of the acceptance declaration by the provider, 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, terms and conditions, and order confirmation) is sent to the customer by the provider on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in the German language.
§ 3 Delivery, Availability of Goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that payment of the purchase price has been made in advance (except in the case of purchase on account). Unless a different delivery time is specified for the respective goods in our online shop, the delivery time is 5 days.
(2) If, at the time of the customer’s order, no units of the selected product are available, the provider shall inform the customer thereof immediately in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer thereof immediately in the order confirmation.
§ 4 Retention of Title
The delivered goods shall 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 include the applicable statutory value-added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.
(3) The goods are shipped by postal delivery. The shipping risk is borne by the provider if the customer is a consumer.
(4) In the event of a withdrawal, the customer shall bear the direct costs of returning the goods.
§ 6 Payment Terms
(1) The customer may make payment by credit card or PayPal.
(2) The customer may change the payment method stored in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by failing to meet the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate per year.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.
§ 7 Warranty for Defects, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). Towards entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
(2) An additional guarantee for the goods delivered by the provider exists only if this was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising 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 typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
(3) The limitations of liability resulting from paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply insofar as the provider has fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies insofar as the provider and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of Withdrawal
Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the provider informs them below in accordance with the statutory model.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (2M Solutions GmbH, represented by the managing directors Moritz Gresser and Marcel Wahl, Römerstraße 11, 88255 Baienfurt, Email: info@solutions-2m.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You shall return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which was not necessary to check the quality, characteristics, and functioning of the goods.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete the following form and return it to us.
To 2M Solutions GmbH, represented by the managing directors Moritz Gresser and Marcel Wahl, Römerstraße 11, 88255 Baienfurt, Email: info@solutions-2m.com.
I hereby withdraw from the contract concluded by me for the purchase of the following goods: *
Order number: *
Ordered on: *
Received on: *
Name: *
Address: *
Date and signature: **
*Required field
**only in case of notification on paper
§ 10 Consumer Dispute Resolution
The European Commission has established a platform for online dispute resolution. You can find it at: https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their 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 shall be the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. In place of the invalid provisions, the statutory provisions shall apply, insofar as available. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid as a whole.