General terms and conditions for purchases made from the online shop at www.perform-better.de
§ 1 General, scope of application of the terms and conditions
1.1 All deliveries and services are based exclusively on the following general terms and conditions (hereinafter "GTC") in the version applicable at the time of ordering. Unless expressly agreed in writing, any deviating terms and conditions do not apply.
1.2 The contractor is SNM GmbH – Sport Nutrition & More GmbH, (operator of Perform Better Europe Webshops at www.perform-better.de), Nymphenburger Strasse 86, 80636 Munich, Germany, (hereinafter "seller").
1.3 Within the meaning of these terms and conditions, a customer can be both consumers and companies (hereinafter "customer"). Consumers are natural persons concluding contracts for a purpose that is neither commercial nor which can be attributed to their professional activity. Within the meaning of the terms and conditions, companies are natural or legal persons or partnerships having legal capacity, which in concluding the contract exercise their commercial or independent professional activity.
§ 2 Conclusion of the contract
2.1 Offers and product presentations represent a binding offer. Your order is a binding offer which we accept. This is in accordance with § 145 of the German Civil Code (BGB). This takes place through the communication of an order confirmation on receipt of your order.
2.2 When you have found the product you want, you can view this without obligation by clicking on the product name or picture. By clicking on the [Add to cart] button, you can place the item in your shopping cart. You can view the items in your shopping cart at any time without obligation by clicking on the [Shopping cart] button. You can change the quantity of the desired product under "Quantity" or by clicking the "Delete" button [X] to remove it from the shopping cart. If you want to purchase the items in the shopping cart, click on the [Checkout] button from the "Shopping cart" page.
You can either order as a guest (without registering an account) or you can register an account, specify your billing and shipping address and choose your shipping and payment method. At the final stage you can check your order information again under "Check". You can check all the information entered and delete or change it under [Edit]. You can also correct any errors by pressing back in your browser or by cancelling the order process and starting again. In order to complete your purchase, you must click on the [Purchase now] button. This will send your order to us.
§ 3 Storage of the contractual text
We save your order and the order data entered. We will send you an order confirmation by email containing all the order data. You also have the option to print out both the order and the terms and conditions before placing the order with us. You can also access the orders you have placed at any time via your customer account.
§ 4 User's right of withdrawal
The following right of withdrawal only applies to consumers with a distance contract:
Right of withdrawal
You have the right to withdraw from this contract without giving a reason within fourteen days.
The withdrawal period is the fourteen days from the day that you, or a third party nominated by you who is not the promoter, accepted the goods.
In order to exercise your right to withdrawal you must contact us at SNM GmbH – Sport Nutrition & More GmbH, Nymphenburger Strasse 86, 80636 Munich, Germany,, Telephone: +49 (0) 5521 855 350, Email: firstname.lastname@example.org)with a statement (e.g. with a letter sent by post or email) declaring your intention to withdraw from this contract. You may use the attached sample withdrawal form, however you are not obligated to.
In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you choose to withdraw from this contract, we will refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.
You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which the right of withdrawal was exercised. The deadline will be deemed to have been observed, if you send the items before the fourteen-day deadline has expired. You will bear the direct costs of returning the goods.
You will only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part which was not necessary for testing the quality, characteristics and functioning of the items.
§ 5 Sample withdrawal form
(If you would like to withraw from the contract, please complete this form and send it back to us.)
Perform Better Europe
SNM Sport Nutrition & More GmbH
Nymphenburger Strasse 86
I/We (*) hereby withdraw from the contract I/we (*) made regarding the purchase of the following
goods (*) / provision of the following services (*)
Ordered on (*)/ received on (*)
Name of customer(s)
Address of customer(s)
Signature of the customer(s) (only for hard copies)
(*) Delete as applicable.
(up to 1 kg) and DVDs
Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Cyprus, Liechtenstein, Turkey, Switzerland.
A surcharge of € 30.00 will be charged for bulky items to be shipped abroad. Enquiries pertaining to the affected items are welcome.
Important note: Despite our best efforts, the goods may be damaged during transport. Of course in this case we will reimburse you for the damaged items free-of-charge. Please take note of the following course of action: Damages that occur in transport must be immediately registered with Perform Better Europe on receipt of the goods. Please have the messenger/parcel service/carrier confirm any external damages in writing.
If you wish to return any goods, please inform us in advance via email, fax or telephone.
Thank you for your understanding and cooperation.
§ 7 Delivery terms
7.1 The products from our range are shipped either via the mail service or DHL. We will commission a haulier for large volumes and order quantities.
Your order will be processed immediately after it has been received by us.
Currently, your order will be delivered within 2 to 3 working days if the goods are in stock.
§ 8 Payment terms
8.1.NATIONAL PAYMENT OPTIONS
Payment in advance with a 2% discount
SOFORT bank transfer
Credit card (Mastercard and Visa)
Cash on delivery € 7.90 + € 4.00 cash on delivery fee + € 2.00 postage = € 13.90
8.2.INTERNATIONAL PAYMENT OPTIONS
Payment in advance
Credit card (Mastercard and Visa)
8.2 We retain the ownership rights to the goods sold until the customer has paid the purchase price in full. If you are an entrepreneur exercising a commercial or independent professional activity, or a legal entity under public law or a special fund under public law, the goods remain our property until settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.
8.3 The right to compensation applies only where your counterclaims have been legally recognised, or undisputed or recognised by us. Furthermore, you also have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
8.4 If you are a consumer in default of payment, interest will be charged on the purchase price to the amount of 5% above the base rate during the delay. If you are not a consumer then the interest rate is 8% above the base rate during the delay. Furthermore, in the case of default by companies we are entitled to impose a compensation charge to the amount of € 40.00. We reserve the right to substantiate and assert a higher claim for default.
§ 9 Warranty
9.1 If you are a consumer, the warranty is subject to the applicable statutory provisions.
9.2 If you place you order with us as a company, the following shall apply:
9.2.1 Delivered goods are to be examined immediately by the customer upon receipt of the shipment insofar as is feasible in the orderly course of business. We must be notified immediately if you find a defect. If the customer fails to notify us, the goods shall be deemed approved except in the case of a defect that could not be detected during the inspection. If such a defect is discovered at a later stage, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been accepted as free from defects in spite of this defect. § 377 of the German Commercial Code (HGB) remains unaffected. The customer is not relieved of their obligation to inspect the goods even in the case of recourse by the company according to § 478 BGB. If the receiver discovers a defect but does not notify us of this defect immediately, then the goods will be deemed to have been accepted as free from defects in spite of this defect.
9.2.2 If a defect is found, we are entitled to take into account the nature of the defect and the legitimate interests of the customer in order to remedy this fact. Supplementary performance shall be deemed as failed after the third unsuccessful attempt. This paragraph shall not apply in the event of recourse according to § 478 BGB.
In case of supplementary performance, we are obligated to bear all costs required to remedy the defect, in particular transport, travel, labour and material costs, provided these are not increased by the fact that the goods have been transported to a place other than the place of performance. This paragraph shall not apply in the event of recourse according to § 478 BGB.
9.2.4 The warranty claims of customers, including claims for damages expire after one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in cases covered by §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This does not apply to damages claims arising from injury to life, limb or health, due to a negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agents.
§ 10 Liability for damages and reimbursement of expenses
10.1 If you are a consumer, we are liable for damages under the statutory provisions.
10.2 If you place an order with us as a company, the following shall apply in the event of our contractual liability for compensation in accordance with sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages under the statutory provisions.
10.2.2 If we, our representatives or agents have violated an obligation through simple negligence, an obligation whose fulfillment is essential to the proper exectuion of the contract and whose breach jeopardises the fulfilment of the purpose of the contract and on the observance of which the contractual party regularly trusts, our liability is limited to damages for such loss or injury as can be foreseen.
10.2.3 Unless sections 10.2.1 and 10.2.2 specify otherwise, our liability for compensation is excluded. The same also applies if recourse claims apply to our suppliers in accordance with § 478 BGB.
10.3 The exclusions and limitations in section 10.2 also apply to other claims, in particular claims in tort or claims for reimbursement of expenses instead of performance.
10.4 The exclusions and limitations in section 10.2 do not apply to any existing claims in accordance with §§ 1, 4 of the Product Liability Act or for culpable injury to life, limb or health. Nor does it apply in instances where we have assumed a guarantee for the quality of our goods, performance success or a procurement risk and the warranty has been exercised or the procurement risk has become true.
10.5 Liability from the assumption of a procurement risk only applies when we have assumed the risk of procurement in writing.
10.6 Our liability is limited to the compensation of insurance insofar as the limitation of liability in accordance with section 10.2 applies to claims in accordance with § 823 BGB. Insofar as this does not cover or does not fully cover the insurance costs, we are obligated to accept liability up to the amount insured. This section shall not apply in case of culpable injury to life, limb or health.
10.7 If our liability is excluded or limited, this also applies to the personal liability of our employees, workers, personnel, representatives, and agents.
10.8 A reversal of the burden of proof is not associated with the aforementioned provisions.
§ 11 Customer service
If you have any questions, complaints or claims, please contact our customer service at:
Perform Better Europe / SNM GmbH
37412 Herzberg am Harz
Contact:Monday to Friday 8:30 til 17:30
Telephone: +49 (0) 5521 855 350
Fax: +49 (0) 5521 855 450
§ 12 Jurisdiction, court of jurisdiction
12.1 German law applies to the exclusion of the UN Sales Convention.
12.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumers) this choice of law does not affect the mandatory legal provisions of the State in which the customer has their habitual residence.
12.3 If the purchaser is a merchant, a legal entity under public law or a public special fund, all disputes arising from the contractual relationship are under the jurisidction of the court at the seat of the company in Munich.
§ 13 Miscellaneous
13.1 The language of the contract is German.
13.2 If one or more provisions of these terms and conditions are invalid, the rest of the contract will remain valid. If provisions are invalid, the content of the contract shall be governed in accordance with statutory regulations.
13.1 The European Commission provides a platform for online dispute resolution (ODR). You can find the platform athttp://ec.europa.eu/consumers/odr/
We do not participate in dispute settlement procedures before a consumer arbitration board.
As of 02.02.2017