Terms of service
General terms and conditions
for private customers and dealers of:
Puravida Sports GmbH
Management : Bernhard Heringer, Sascha Bergmann, Commercial Register: HRB 83933; VAT-ID-No.: DE 299487529
- §1 Scope & Consumer Information
- §2 Registration
- §3 Conclusion of contract
- §4 Subject matter
- §5 Delivery
- §6 Cancellation policy / Right of withdrawal
- §7 Return costs when exercising the right of withdrawal
- §8 Prices
- §9 Shipping costs (domestic and foreign) / delivery times
- §10 Terms of payment
- §11 Warranty + Liability
- §12 Retention of title
- §13 Buyer's liability for damages due to cancellations
- §14 Copyrights
- §15 Data storage
- §16 Right of objection according to the Federal Data Protection Act (BDSG)
- §17 Applicable law
- §18 Final clause
§1 Scope & Consumer Information
We (Puravida Sports GmbH (BTFL Boards)) execute your order according to our terms and conditions valid at the time of the order. The current version of the General Terms and Conditions of Puravida Sports GmbH (we) is available to you on our website www.btflboards.com under the heading "General Terms and Conditions". Our GTC apply exclusively to the entire business relationship.
The German language is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign business transactions. The terms and conditions and the entire legal relationship between buyer and seller shall be governed exclusively by German law. These terms and conditions shall apply exclusively. Other terms and conditions of the customer are expressly contradicted.
Your contract and order data as well as the contract text will be stored by us, a direct access is not possible for security reasons. Your personal access data is intended only for you and may not be disclosed to third parties.
§ 2 Registration
Registration is only allowed for natural persons and partnerships with unlimited legal capacity as well as legal entities. Minors are not allowed to register. The registration of a legal entity may only be carried out by a natural person authorized to represent the entity, who must be named.
When filling out the registration application, true, accurate, current and complete information must be provided for the data requested in the registration forms. In case of incomplete registration of member accounts as well as in case of untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable time.
§ 3 Conclusion of contract
Our offers are subject to change and non-binding. The presentation on our websites does not represent a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage, you make a binding offer to conclude a purchase contract for the desired goods by clicking on the button "buy now".
We are entitled to accept your offer within 14 calendar days by sending a contract confirmation (by e-mail) and by executing the order. If your offer is not accepted by us within 14 calendar days, the offer is considered rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
§ 4 Subject matter of the contract
4.1 The subject matter of the contract is only the goods that are expressly confirmed by Puravida Sports GmbH or shipped in response to the order of the contractual partner.
4.2 Drawings, illustrations and other product descriptions - especially in the catalogs - are non-binding and do not represent a guarantee of quality in the sense of the regulations of the German Civil Code.
§ 5 Delivery & Shipping
We ship goods in stock in Germany and abroad no later than 5 working days after our contract confirmation to you with a shipping service of our choice.
Our delivery times for consumers apply as follows: In case of payment in advance, the delivery times apply from receipt of money on our account. Deviating delivery times are named in the context of the article description.
With handing over to the transport person, the risk of loss due for payment is transferred to the buyer. Transport insurance will only be taken out at the express request and expense of the buyer.
For shipments to non-European countries, the delivery time depends on the type of shipment (airmail / land / shipping) and the recipient's location.
For the delivery times for domestic and European countries please see §9.
If you order a product that was not available according to the article description, and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case you also have the right to withdraw from the contract.
We are entitled to partial deliveries or services, as long as this does not unreasonably affect conflicting interests. If there is a partial delivery, we will of course pay the additional shipping costs. This will not result in any additional costs for you.
The delivery time is extended appropriately if the delivery is affected by force majeure. In particular, force majeure shall include subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transport hindrances, changes in legal regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond our control and which, when viewed objectively, have not been culpably caused by us. Should one of the above cases occur, we will inform you immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of warranties or if liability is mandatory in the case of breach of essential contractual obligations due to simple negligence or in the case of foreseeable damage typical of the contract for legal reasons.
§ 6 Cancellation policy / Right of revocation
Consumers have a legal right of withdrawal. In the following we inform you about the scope and the design of this right of withdrawal.
Note: Please note that we have created the following cancellation policy according to the model text of the legislator. In our opinion, however, this text is not clear, since according to § 187 para. 1 BGB the day of the conclusion of the contract or the day of taking possession of the purchased item does not count for the calculation of the period. The revocation period therefore ends correctly only 14 days after the conclusion of the contract or the taking possession.
We would also like to ask you to note that in the event that you do not receive this revocation instruction with the conclusion of the contract, the period also begins later, i.e. upon receipt of this instruction.
Please note this information in the following instruction; we will consider this in the calculation of the deadline for you in any case.
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods, in the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
For all our customers who are not consumers (e.g. resellers) there is no right of withdrawal or return according to §13 BGB.
To exercise your right of withdrawal, you must send us, the
Puravida Sports GmbH, Perlenpfuhl 27, 50823 Cologne, Germany
Phone: 0221 / 42 300 799
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Sample cancellation form
To Puravida Sports GmbH, Perlenpfuhl 27, 50823 Cologne, Fax: 0221/9 20 44 -22, E-Mail: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)-Ordered on (*)/Received on (*)-Name of the consumer(s)-Address of the consumer(s)-Signature of the consumer(s) (only in case of communication on paper)-Date_______________
(*) Delete where not applicable.
Consequences of revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
§ 7 Return costs when exercising the right of withdrawal
You have to bear the cost of return when exercising your right of withdrawal.
§ 8 Prices
The following applies to the consumer: All prices stated are Euro amounts and include the statutory value-added tax. Postage and shipping costs are added according to the following list under § 9.
For all our customers who are not consumers applies:
The prices stated by Puravida Sports GmbH at the time of the order are decisive for the contract. All prices are net prices in Euro (EUR) and are subject to the applicable VAT (currently 7% or 19%).
Unless expressly stated otherwise in the respective current offers, our prices refer to the respective illustrated articles according to the description, but not to contents, accessories or decoration.
The prices stated in the respective current offers relate to the time of issue of the respective offer; prices are subject to change after this time. For contracts already concluded, a change of the agreed price is excluded.
A set-off against the claims for remuneration of Puravida Sports GmbH is only allowed if the counterclaim asserted by the customer is undisputed or legally binding. The customer is only entitled to exercise rights of retention if, in addition, the counterclaim is based on the same contractual relationship.
§ 9 Shipping costs (domestic and foreign) / delivery times
For our consumers applies:
The prices listed in the offer at the time of the order shall apply.
The stated prices include the statutory sales tax (currently 19%) and other price components. In addition, there are any shipping costs, which - if they are incurred - are indicated in the order overview.
We reserve the right to charge return costs to the customer. Return shipments via the customer must be sent to us insured.
We offer express shipping only upon urgent request.
|End customers Europe-wide|
|Costs||Orders within Europe free shipping|
|Delivery times||Germany, Austria, Switzerland||6 working days maximum|
|Europe (outside of Germany, Austria, Switzerland)||8 working days maximum|
For all our customers who are not consumers:
Delivery (this includes shipping) will be made to the address provided by the customer.
The method of delivery, the delivery route and the company entrusted with the delivery is determined by Puravida Sports GmbH at its own discretion.
The costs for the delivery will be charged according to expenditure. The costs for the delivery are to be inquired before the order.
For goods deliveries outside the European Union, import duties (customs duties) may be incurred. We are not responsible for any customs costs that may be incurred.
We reserve the right to charge the customer for return shipping costs. Returns via the customer must be sent to us insured.
We offer express shipping only upon urgent request.
§ 10 Terms of payment
For the consumer applies:
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment on the invoice is determined by the calendar, you are already in default by missing the deadline. In case of default, we are entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. We reserve the right to prove and claim a higher damage caused by default, § 288 Abs. 3, 4 BGB.
The following applies to all our customers who are not consumers:
If the buyer defaults on payment of an invoice, all claims from current invoices, including deferred claims, shall become due immediately. In addition, the seller is entitled in this case to cancel goods not yet delivered and to claim liquidated damages. In case of default, interest in the amount of 1% of the invoice amount per month is to be paid. The buyer may only offset undisputed or legally established claims against those of the seller.
We accept payments in advance, PayPal, credit card and direct debit. If your residence is outside Germany, payment is only possible by prepayment and PayPal.
For all our customers who are not consumers, we also accept payments by invoice.
For our consumers applies:
Payment in advance: When paying in advance, you must transfer the invoice amount to our account within 7 days after completing the order. In case of payment in advance, the stated delivery times apply from receipt of money on our account. If the amount is not within 7 days on our account, we can withdraw from the contract.
Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.
Payment by credit card: To process your payment by credit card, you will be redirected via a secure connection to the input mask of our payment provider Payone (payone GmbH & Co KG; payone.de). Your credit card account will be charged immediately after completion of the payment process. All entries and checks for your payment are made and stored by the payment processor.
Payment by direct debit: When paying by direct debit, we are revocably authorized to collect the invoice amount from your specified account. If the direct debit is not honored due to a lack of funds in the account or due to incorrect information in the bank account, or if you object to the debit, although you are not entitled to do so, you must bear the costs and fees of the chargeback, if you are responsible for this. The account will be debited before the goods are shipped.
All payments are to be made without deduction to Puravida Sports GmbH. A payment is only considered to be made when we can freely dispose of the amount.
A set-off is excluded, unless the set-off claim is undisputed or legally established or recognized in writing by us. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling to refuse performance, or rights are asserted due to a defect.
For all our customers who are not consumers, the terms of payment and delivery agreed with the seller shall apply.
§ 11 Warranty & Liability
The warranty is governed by the statutory provisions. In case of complaints we ask for proof of the date of purchase by means of an invoice and sending the claimed item together with a copy of the invoice to Puravida Sports GmbH, Perlenpfuhl 27, 50667 Cologne, Germany. Normal wear and tear of the goods do not justify a warranty claim.
If maintenance or care instructions of Puravida Sports GmbH are not followed, changes are made to the products, accessories are improperly mounted, parts are exchanged or care products are used that do not meet the high quality standard of Puravida Sports GmbH, the warranty does not apply to defects that arise or have arisen due to the violation of the aforementioned provision.
Guarantees in the legal sense are only given to the contractual partner if this is explicitly determined in writing by Puravida Sports GmbH.
For all our customers who are not consumers, § 377 HGB applies.
Minor deviations in terms of color, design and shape do not constitute a defect, provided that the delivered goods correspond to the ordered goods in terms of quality and price.
Further claims, in particular for consequential damages, are excluded. This does not apply in the case of intent, gross negligence or breach of fundamental contractual obligations by us, as well as in the case of injury to life, limb or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust.
The risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases shall pass to you or a recipient selected by you upon delivery of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover to the shipping person.
We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of our vicarious agents. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, we and our vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
§ 12 Retention of title
For consumers, the following shall apply: The delivered goods shall remain our property until payment has been made in full.
For all our customers who are not consumers applies:
The buyer is authorized to sell the goods in the ordinary course of business. In this case, the buyer assigns the claims to which he is entitled from the resale up to the amount of the seller's claims. The authorization to resell is subject to the condition of effective assignment of claims to the seller and can be revoked at any time.
If the Buyer defaults on his payment obligations, the Seller shall be entitled to disclose the assignment of claims and to demand payment to himself. For this purpose, the Buyer shall name the debtor at the Seller's request.
If the goods are processed by the Buyer, the retention of title shall continue to apply to the new items. In the event of combination or blending, the statutory provisions shall apply.
The Buyer shall be obliged to notify the Seller without delay of any execution measures against the reserved property and to inform the bailiff of the reservation of title.
§ 13 Buyer's liability for damages due to cancellations
The following applies to all our customers who are not consumers:
If the Buyer cancels the orders or parts of the orders for reasons for which the Buyer is responsible, the Seller shall be entitled to claim 30% liquidated damages of the value of the goods not accepted.
The Seller is entitled to cancel an order if at the time of delivery of the order there are still outstanding receivables of at least 100,- € and there is a delay in payment with regard to these receivables. In this case, the Seller is entitled to demand a 30% lump-sum compensation of the value of the cancelled order.
In addition, the Seller shall be free to claim damages in excess of the value of the liquidated damages on the basis of statutory provisions.
The claim for damages shall not apply or shall be reduced if the Buyer proves that no damage has been incurred or that the damage is significantly lower.
§ 14 Copyrights
The products and motifs sold and/or used by us are protected by copyright. A use of the motives or a duplication of the motives or products is only permitted with our written agreement. By paying our claim, you are not granted any right of use to intellectual property or copyrights. This applies in particular to all images, designs, logos and names as well as any trademark and utility model rights. If you make changes to the delivery item or combine the delivery item with other materials, and if this infringes the property rights of third parties, our liability shall lapse.
§ 15 Data storage
§ 16 Right of objection according to the Federal Data Protection Act (BDSG)
As a data subject, you have the right to object to the use or transfer of your data for advertising purposes (blocking indicator) in accordance with the BDSG, if you have previously given us explicit consent to do so.
In addition, you have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in one of our files.
§ 17 Applicable law
All disputes arising from or on the basis of this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
The standards of the German Civil Code (BGB) and the Introductory Act to the German Civil Code (EGBGB) mentioned here and applicable to the contract can be found on the Internet at www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet.de/bgbeg/ for you.
The place of jurisdiction for all claims arising from or on the basis of this business relationship, including those arising from bills of exchange and checks, is Cologne, Germany, insofar as you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case we are also entitled to sue at the court responsible for your registered office.
§ 18 Final clause
The contract remains binding in its remaining parts even if individual conditions are invalid. Should a provision be wholly or partially invalid, the contracting parties shall immediately endeavor to achieve the economic success sought by the invalid provision in another legally permissible manner.
§ 19 Supplier information
Puravida Sports GmbH, Perlenpfuhl 27, 50823 Cologne,
Tel: 0221/ 99 20 44 -204 Fax: 0221/9 20 44 -22, E-Mail: email@example.com
Management : Bernhard Heringer Commercial Register: HRB 83933; VAT ID No.: DE 299487529
Status: November 30, 2015
Copyright © 2015 by Puravida Sports GmbH. BTFL boards® is a registered and protected trademark
Copyright © 2015 by Puravida Sports GmbH. BTFL boards® is a registered and protected trademark.