Terms of service

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Reservation of title
  7. Liability for defects (warranty)
  8. Redemption of promotional vouchers
  9. Applicable law
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of TERGOFIT B.V. (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "you") concludes with the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of your own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve for you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into the Seller's online shop. After you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button that completes the ordering process you submit a legally binding contractual offer in respect of the goods contained in the shopping cart.

2.3 The seller can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the order confirmation is deemed received when it reaches you, or
  • by delivering the ordered goods to you, whereby delivery is deemed received when the goods reach you, or
  • by requesting payment from you after you have placed your order.

If more than one of the alternatives mentioned above occur, the contract is concluded at the time at which the first of those alternatives occurs. The acceptance period begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment handling will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if you do not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to you after you submit your order in transmitted in text form (e.g. e-mail, fax or letter). No further provision of the contract text by the seller will be made. If you created a user account in the seller's online shop before sending your order, the order data are archived on the seller's website and can be retrieved by you free of charge via your password-protected user account using the corresponding login details.

2.6 Before you submit your order using the seller's online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. You must ensure that the e-mail address you provided for order processing is correct so that e-mails sent by the seller can be received at that address. In particular, if you use SPAM filters you must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

3.1 As a consumer, you are generally entitled to a right of withdrawal.

3.2 You can find more information on the right of withdrawal in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and the delivery address at the time the contract is concluded is outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices that include statutory VAT. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may, in individual cases, be incurred which the seller is not responsible for and which you must bear. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with respect to the transfer of money if the delivery does not take place to a country outside the European Union but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in the seller's online shop.

4.4 If you choose a payment method offered via the payment service "Shopify Payments", payment processing will be carried out by Shopify International Limited, Victoria Buildings, 2. floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to you in the seller's online shop. To process payments, Shopify may use additional payment services for which special payment terms may apply, about which you may be informed separately. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

4.5 If you choose a payment method offered via the payment service "Apple Pay", payment processing will be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual The payment methods offered via Apple Pay are shown to you in the seller’s online shop. To process payments, Apple may use additional payment services that may be subject to special payment terms, of which you may be informed separately. More information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If you select a payment method offered via the payment service “Google Pay”, the payment processing will be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay will be shown to you in the seller’s online shop. To process payments, Google may use additional payment services that may be subject to special payment terms, of which you may be informed separately. More information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.7 If you select a payment method offered via the payment service “Squarespace Payments”, the payment processing will be handled by the payment service provider Squarespace, Le Pole House, Ship Street Great, Dublin 8, Ireland. The individual payment methods offered via Squarespace will be shown to you in the seller’s online shop. To process payments, Squarespace may use additional payment services that may be subject to special payment terms, of which you may be informed separately. More information about Squarespace Payments is available online at https://de.squarespace.com/zahlungen.

4.8 If you select the payment method “CreditPlus Finanzierung”, the payment processing will be carried out by Creditplus Bank AG, Augustenstraße 7, 70178 Stuttgart (hereinafter “Creditplus Bank”), to which the seller assigns its payment claim. Before accepting the seller’s declaration of assignment, Creditplus Bank will carry out a credit check using the customer data provided. The seller reserves the right to refuse you the payment method “CreditPlus Finanzierung” in the event of a negative to refuse the result of the check. If the payment method "CreditPlus Finanzierung" is approved by the Creditplus Bank, you must pay the invoice amount to the Creditplus Bank under the conditions set by the seller and communicated to you in the seller's online shop. In this case you can only discharge your debt by performing to the Creditplus Bank. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, revocation declarations and returns, or credit notes.

4.9 If you choose the payment method financing via "Consors Finanz", payment processing is carried out by BNP Paribas S.A. Germany branch, Rüdesheimer Straße 1, 80686 Munich (hereinafter "Consors Finanz"), to which the seller assigns its claim for payment. Before accepting the seller's declaration of assignment, BNP Paribas S.A. conducts a credit check using the customer data provided. The seller reserves the right to refuse you the payment method financing via "Consors Finanz" in the event of a negative check result. If the payment method financing via "Consors Finanz" is approved by BNP Paribas S.A., you must pay the invoice amount to BNP Paribas S.A. under the conditions set by the seller and communicated to you in the seller's online shop. In this case you can only discharge your debt by performing to BNP Paribas S.A. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, revocation declarations and returns, or credit notes.

5) Delivery and shipping terms

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by you, unless otherwise agreed. For the processing of the transaction, the delivery address given in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons that you are responsible for, you bear to the seller reasonable costs arising from this. This does not apply with regard to the costs of sending if you effectively exercise your right of withdrawal. For return costs, if you validly exercise your right of withdrawal, the rule set out in the seller's withdrawal instruction applies.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as the seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon handover of the goods to you or to a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers as soon as the seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment, if you commissioned the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment and the seller has not previously named that person or institution to you.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller advances performance, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods the limitation period for defect rights is one year from delivery of the goods;
  • for used goods the defect rights excluded;
  • the limitation period does not begin anew if a replacement delivery is made in the context of liability for defects.

7.2 The liability limitations and shortened time limits set out above do not apply

  • to your claims for damages and reimbursement of expenses,
  • in the event that the seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you act as a consumer, please complain about delivered goods with obvious transport damage to the carrier and inform the seller. If you do not do so, this has no effect on your statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by you (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the stated period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. A subsequent crediting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 If the promotional voucher applies to a specific amount and not to a percentage discount, the order value must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

8.8 The promotional voucher will not be refunded if the customer returns goods that were paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller may discharge its obligation by performing to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the holder's lack of authorization, incapacity, or lack of power of representation.

9) Applicable law

The law of the Kingdom of Belgium shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative dispute resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.