Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (FI Fitness Inspiration GmbH) via the website www.mst-nutrtition.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession. An entrepreneur is any natural or legal person or a legally responsible partnership who, when entering into a legal transaction, is acting in the exercise of his or her trade, business, or profession.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order details are finally displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be redirected either to the order summary page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the appropriate selection or input of your data there. Finally, you will be shown the order details either on the website of the payment provider or after returning to our online shop.
Before sending the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place binding order", "pay" / "pay now" or a similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the creation of an offer are non-binding for you. We will send you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our website as well as during the online ordering process. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
If you select a payment method offered via "Mollie", the payment will be processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" will be displayed to you under a correspondingly designated button on our website as well as during the online ordering process. Further information about "Mollie" can be found at https://www.mollie.com/de.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale; we accept the assignment. You remain authorized to collect the claim as long as you meet your payment obligations properly.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released lies with us.
§ 5 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of the same by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies:
a) Only our own specifications and the manufacturer’s product description are deemed to be agreed upon as the quality of the goods, but not other public statements, promotions, or advertising by the manufacturer.
b) In the case of defects, we provide warranty at our discretion by rectification or replacement. If the defect rectification fails, you may, at your option, demand a price reduction or withdraw from the contract. The rectification is deemed to have failed after the second unsuccessful attempt, unless otherwise required by the nature of the goods, the defect, or other circumstances.
c) The warranty period is one year from delivery of the goods. The reduction in the period does not apply:
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to damages culpably caused by us resulting in injury to life, body, or health, and in the case of intentional or grossly negligent other damages;
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if we have fraudulently concealed the defect or have given a guarantee for the quality of the goods;
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for goods that have been used for a building in accordance with their normal use and have caused its defectiveness;
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for statutory rights of recourse that you have in connection with rights for defects against us.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is filed.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
§ 7 Protection of Minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Any age restrictions will be indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally prescribed minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you or authorized persons of legal age receive the goods.
(3) Insofar as we are legally obliged to carry out an age check, we instruct the logistics service provider to hand over the delivery only to persons who meet the legally required minimum age and, in case of doubt, to present proof of age.
(4) Insofar as the respective product description indicates that you must be 18 years of age or older to purchase the goods, the above paragraphs 1–3 apply with the proviso that the required age is majority.
II. Customer Information
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Identity of the Seller
FI Fitness Inspiration GmbH
Kurfürstendamm 167/168
10707 Berlin
Germany
Phone: +49 173 3025551
Email: sales@mstnutrition.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
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Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are set out in the section "Conclusion of the Contract" of our General Terms and Conditions (Part I). -
Contract Language, Storage of Contract Text
3.1 The contract language is German.
3.2 We do not store the full text of the contract. Before submitting the order via the online shopping cart system, you can print out or electronically save the contract data using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3 For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically. -
Main Characteristics of Goods or Services
The main characteristics of the goods and/or services can be found in the respective offer. -
Prices and Payment Terms
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They are accessible via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you in addition, unless free shipping is agreed.
5.3 In the case of delivery to countries outside the European Union, additional costs may arise that are beyond our control, such as customs duties, taxes, or transfer fees, which you must bear.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees charged by credit institutions) shall be borne by you if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5 The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. -
Delivery Conditions
6.1 The delivery conditions, delivery date, and any delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk. -
Customs Duties, Import Taxes, and VAT – Important Information for International Orders
We aim to inform our customers transparently about possible additional costs for international orders. Depending on the destination country and order value, import charges such as VAT or customs duties may apply that are not included in the product price or shipping costs.
🇪🇺 Deliveries within the EU (e.g., France, Italy, Poland, Spain, etc.)
No customs duties are generally charged within the EU.
For orders over approximately €120, local taxes (VAT) may be charged by the destination country.
These charges are usually collected by the shipping company upon delivery.
🇬🇧 Deliveries to the United Kingdom (UK)
Since Brexit, the UK is considered a third country.
From a goods value of £0, UK VAT is due.
From a goods value of £135, customs duties may also apply.
These amounts are to be paid directly to the delivery service upon delivery.
🇨🇭 Deliveries to Switzerland
Swiss VAT (7.7%) may be charged from an order value of approximately €60.
Customs charges may also arise depending on the product type.
Processing is usually carried out by Swiss Post or the courier service.
🇳🇴 Deliveries to Norway
For Norway, VAT (25%) and possibly customs duties may be charged.
These are calculated by the delivery service and collected upon delivery.
❗ Important Note:
All applicable import duties, VAT, or customs charges are to be borne by the customer and will not be covered by MST Nutrition. Please inform yourself about the regulations in your country before placing an order.
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Statutory Liability for Defects
The liability for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).