General Terms of Business

 General Terms and Conditions

 

§ 1 Scope and Provider

 

(1) These general terms and conditions apply to all orders placed in the online store of

 

The Force CT GmbH
Wildstr.
20
89522 Heidenheim
Germany

 

shop@the-force.org
Telephone + 49 7321 757 8100

 


HRB Ulm 735250, Tax No.: 64003/16142, VAT ID: DE310933005
Managing Directors: Tanja Reischl, Christian Stenske

 


(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of the general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.

(4) The contract language is exclusively English.

(5) You can call up and print out the currently valid General Terms and Conditions on the website https://shop.the-force.org.

 

§ 2 Conclusion of Contract

 

(1) The presentation of goods in the online store does not constitute a binding offer to conclude a sales contract. Rather, it is a non-binding invitation to order good or digital items in the online store.

(2) By clicking the button ["Payable order" / "buy"] you submit a binding offer to buy (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods shall only be concluded when we explicitly declare the acceptance of the purchase offer (order confirmation) or when we send the goods to you – without a

(5) For the order of prescription drugs, the prior sending of a valid original prescription by mail is necessary. The order can only be accepted after the prescription has been successfully checked.

(6) Due to provisions of the German pharmaceutical legislation, maximum dispensing quantities may apply to certain products.

 

§ 3 Prices

 

The prices stated on the product pages include both the statutory value added tax and all other price components. For delivery of physical items within Germany we charge a flat rate of 4.99 EUR shipping costs per order. From an order value of 50,- EUR we deliver free of shipping costs within Germany.

 

§ 4 Terms of payment, default

 

All payments are made through BS PayOne GmbH.

Credit card settlements are carried out by
BS PAYONE GmbH - Lyoner Str. 9 - 60528 Frankfurt, Germany | HRB 28985 | Managing Directors: Niklaus Santschi, Jan Kanieß, Dr. Götz Möller, Carl Frederic Zitscher | Chairman of the Supervisory Board: Ottmar Bloching

 

§ 5 Delivery; Retention of title

 

(1) Unless otherwise agreed, phyiscal goods will be delivered from our warehouse to the address provided by you. The ordered items are usually shipped within two working days after receipt of the order.

(2) The products to be delivered are packed, transported and delivered in such a way that the quality and effectiveness is maintained.

(3) The successful delivery will be confirmed by signature. A delivery to minors is excluded.

(4) The goods remain our property until the purchase price has been paid in full.

(5) By way of exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

 

§ 6 Revocation

 

(1) In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

 

a. You have the right to cancel the contract without giving reasons.

b. The revocation period is fourteen days from the day on which you have taken possession of the goods personally or through a third party designated by you, other than the carrier.

c. In order to exercise your right of revocation, you must notify us (The Force CT GmbH, Wildstraße 20, 89522 Heidenheim a.d. Brenz, Germany, email: shop@the-force.org), stating your name, company, address, email address, telephone/fax number by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to cancel the contract. You can use the sample revocation form attached to these GTCs for this purpose, but this is not mandatory. 

 

(2) If you revoke the contract, we shall refund to you all payments which we have already received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of the contract. Under no circumstances will you be charged for this repayment.

(3) We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

(4) You shall return the goods to us or hand them over to us immediately, and in any case at the latest within fourteen days  from the day on which you inform us of the revocation of the contract. A copy of the revocation form should be attached to the return so that it can be allocated.

(5) You bear the direct costs of returning the goods.

(6) As a matter of principle, we only take back undamaged goods.

(7) The right of withdrawal is excluded for deliveries

 

a. of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is essential or which are clearly tailored to the personal needs of the consumer (e.g. mixtures made especially for you);

b. sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; or

c. of goods if they were inseparably mixed with other goods after delivery due to their nature.

d. digital goods which are already downloaded.

 

(8) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging. The modalities in this paragraph 8 are not a prerequisite for the effective exercise of the right of withdrawal.

 

§ 7 Transport Damage

 

(1) If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

 

§ 8 Warranty

 

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the sale of goods law (§§ 433 et seq. BGB).
(2) If you are an entrepreneur within the meaning of § 14 BGB, the legal requirements shall apply with the following modifications:

 

a. Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

b. You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. This applies accordingly to hidden defects discovered later from the time of discovery. In case of violation of the obligation to examine and to give notice of defects, the assertion of warranty claims is excluded.

c. In case of defects, we shall provide warranty at our discretion either by subsequent improvement or replacement (subsequent performance). In the case of improvement of defects, we shall only bear the costs for shipment to the original place of performance.

d. If the supplementary performance fails twice, you may at your discretion demand a reduction in price or withdraw from the contract.

e. The warranty period is one year from delivery of the goods.

 

§ 9 Liability

 

(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act.For slight negligence we are liable for damages resulting from injury to life, body and health of persons.

(2) Otherwise the following limited liability applies: In the case of slight negligence, we shall only be liable in the event of a breach of a crucial contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract for which the occurrence must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

 

§ 10 Final Provisions

 

(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.

(2) Only German law is applicable to contracts between us and you. Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a public separate estate, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office.

 

As of: October 2020, Copyright: www.haerting.de

 

Attachment: Sample Revocation Form

 

If you want to cancel the contract, please fill out this form and send it, alongside the goods, back to
The Force CT GmbH

 

Wildstr. 20
89522 Heidenheim
Germany
shop@the-force.org
Fax: 49 7321 757 8151

 
I/we hereby revoke the contract concluded by me/us regarding the purchase of the following goods:

Quantity, description, order number(s) (use additional sheet if necessary!):

 

___________________________________

 

___________________________________

 

___________________________________

 

Ordered on / received on: ___________________________________

 

Name: ___________________________________

 

Address: ___________________________________

 

Place, Date: ___________________________________

 

Signature: ___________________________________

 

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