Terms of service

General Terms and Conditions

§ 1 Contractual partner, scope of application, definitions

(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the

Ludwig Artzt GmbH Produkte für Sport und Gesundheit,
represented by the managing director with sole power of representation Felix Artzt,
authorised signatories: David Nießing, Markus Söhngen (each with sole power of attorney),
Schiesheck 5
65599 Dornburg
Tel. : +49 6436 944930
Fax: +49 6436 9449333
E-mail address: info@artzt.eu
Commercial register: Local Court Limburg
Commercial register number: HRB 2696
VAT identification number: DE 114 183 226

- hereinafter referred to as "Provider" -

contracts, in particular via the online shops https://www.artzt.eu/, https://artztneuro.com/, https://artztvintage.com/, https://artztvitality.com/ and https://artztthepro.com/. Among other things, the provider sells new and used goods and services in the areas of sport and health. With regard to the details of the respective offers, please refer to the individual product descriptions on the respective offer pages. The inclusion of the customer's own terms and conditions of purchase/sale or general terms and conditions of business is rejected, unless expressly agreed otherwise.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

(3) The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at www.ec.europa.eu/consumers/odr available. You can find our e-mail address above and in our imprint. The provider is neither obliged nor willing to participate in the dispute resolution procedure.

(4) Insofar as the customer is an entrepreneur, these GTC shall also apply to all future business relationships between the customer and the provider, regardless of whether reference is made to them again in a subsequent order.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping basket system.
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

Before submitting the order, you have the option of checking the information in the order overview again, changing it (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or similar designation), you submit a binding offer to us.
You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. 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.

(5) The contract is concluded in German.

(6) The contract relates, subject to cancellation, to one order only.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

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

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer 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 amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 4 Prices, shipping costs and return costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) If the customer is an entrepreneur and owner of a "B2B customer account" and is logged into the provider's shop system, the prices on the provider's website are shown as net prices. When the order process is completed, the applicable statutory VAT is added and displayed. The prices are calculated according to the provider's price list valid on the day of delivery.

(3) If the customer is an entrepreneur and places an order with the provider outside the online shops https://www.artzt.eu/, https://artztneuro.com/, https://artztvintage.com/, https://artztvitality.com/ and https://artztthepro.com/ by telephone, fax, e-mail or personal consultation with the provider, the prices are net prices. When completing the order process, the applicable statutory VAT and the shipping and transport costs incurred will be added. The prices are calculated according to the price list of the supplier valid on the day of delivery. For goods with a net value of € 2,000.00 or more, they include transport, packaging and insurance for deliveries within Germany. For goods worth less than € 2,000.00 net, shipping costs of € 6.00 net plus VAT will be charged per order (1 parcel up to 30 kg). For orders with a shipping weight of over 30 kg, additional shipping costs of € 6.00 net plus VAT will be charged for each additional 30 kg. For bulky goods shipments, a surcharge of € 15.00 net plus VAT applies. If the ordered goods are shipped on pallets, a flat-rate transport fee of €80.00 net plus VAT will be charged per pallet.

(4) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. From a value of goods of €49.00, no shipping costs are charged if the customer is a consumer.

Deliveries to a country outside the EU may be subject to import duties such as customs duty, import sales tax and, where applicable, excise duty.

(5) The goods are dispatched by post. The shipping risk is borne by the provider if the customer is a consumer. The shipping costs and general information on shipping that apply to orders placed by consumers can be found at https://www.artztvitality.com/policies/shipping-policy 

(6) Consumers generally have a right of cancellation. Further information on the right of cancellation can be found in the refund policy of the provider. The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

(7) If the customer is an entrepreneur, he has the option of creating a so-called "B2B customer account" on the subpage of the provider's website provided for this purpose. This allows the holder of a "B2B customer account" to benefit from various discounts, which are displayed on the subpage of the "B2B customer account" and taken into account during the ordering process.

(8) Registration for the "B2B customer account" and the provider's underlying trading system is free of charge. There is no entitlement to admission. Exclusion from the trading system may be effected by the provider at any time without giving reasons. In order to participate, proof of the operation of a business and, upon request, a copy of the identity card must be submitted.

(9) If the customer is an entrepreneur and orders goods and / or services from the provider without using the shop system, payments are due within 30 days of invoicing without deduction. If payment is received within 10 working days of the invoice being issued, the customer shall be entitled to deduct a 2% discount on the net price from the payment amount, and if a direct debit authorisation is issued, a 3% discount shall be deducted from the respective invoice amount, whereby invoicing shall then take place on a monthly basis.

§ 5.1 Terms of payment

(1) The customer can select a payment method from the payment options offered there as part of their order via the provider's shop system.

When ordering outside the provider's shop system, the customer can choose between payment by direct debit or by invoice.

(2) Other payment methods are not offered and are not accepted by the provider. The invoice amount of the order must be transferred in advance to the account specified in the e-mail after receipt of the invoice, which contains all the necessary details for payment and is sent by e-mail. If an escrow service or payment service provider is used, this enables the provider and the customer to process the payment between themselves. The escrow service or payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective trust service or payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been dispatched.

(3) The customer must pay or transfer the stated invoice amount to the account specified in the invoice within the payment period specified in the respective invoice after receipt of the invoice, if necessary with the help of a trustee service or payment service provider.

(4) Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined by the calendar, the customer shall be in default even without a reminder. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the respective base interest rate p.a. if the customer is a consumer. If the customer is an entrepreneur, the customer shall pay the provider default interest in the amount of 9 percentage points above the base interest rate p.a.

(5) A right of retention of the customer, which is not based on the same contractual relationship, is excluded.

(6) Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.

§ 5.2 Special agreements on offered payment methods

(1) Payment by SOFORT / Sofortüberweisung
If the payment method Sofort / Sofortüberweisung is selected, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that is authorised for this purpose. During the payment process for the order, you must legitimise yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.

(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Payment is made to Klarna in each case:

The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information about Klarna and the Klarna terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information about Klarna and the Klarna terms of use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via 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" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Delivery, availability of goods

(1) Delivery times specified by the supplier are calculated from the time of order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in the provider's online shop, the average delivery time is 5 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. In this case, the supplier also has the right to withdraw from any contract already concluded, provided that the supplier is not responsible for a permanent obstacle to delivery. This is particularly the case in the event of force majeure or non-delivery by the supplier's own suppliers, even though a covering transaction has been concluded in good time. The goods shall be dispatched from the supplier's own warehouse as soon as all parts of the entire order are in stock there.

(3) The customer's obligation to pay default interest does not exclude the assertion of further default damages by the provider.

(4) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.

(5) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the purchased goods shall pass to the customer upon handover, in the case of dispatch upon delivery of the goods to the respective shipping service provider.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) Insofar as you are informed of this by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects for used goods is one year from delivery of the goods. The above restriction does not apply:

  • for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
  • insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;

(3) 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. If you fail to do so, this will have no effect on your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectifying the defect or by subsequent delivery.

If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a location other than the place of fulfilment, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

  • for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
  • insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;in the case of statutory recourse claims that you have against us in connection with warranty rights;

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.§ 9 Prohibition of assignment and pledging

The customer is not entitled to assign or pledge claims or rights of the customer against the provider to third parties without the provider's prior consent, unless the customer can prove a legitimate interest in the assignment or pledge.

§ 10 Right of cancellation

(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information on its website at the URL https://www.artztvitality.com/policies/refund-policy in accordance with the statutory models. A sample cancellation form can also be found there.

(2) The right of cancellation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery. 

(3) Entrepreneurs are not entitled to a statutory right of cancellation for distance contracts. The provider does not grant a voluntary right of cancellation in this respect either.

§ 11 Use of media of Ludwig Artzt GmbH

If the Customer is an entrepreneur, the terms and conditions for the use of media of Ludwig Artzt GmbH apply to the use of media of Ludwig Artzt GmbH, which can be accessed under this link.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected by this.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

Customer information

1. identity of the seller

Ludwig Artzt GmbH
Schiesheck 5
65599 Dornburg
Germany
Phone: 06436944930
Email: support@artzt.eu

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 The language of the contract is English.

3.2 The complete text of the contract will not be saved by us. Before sending the order via the online shopping basket system the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer

5. Prices and terms of payment

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 incurred are not included in the purchase price they can be called up via a correspondingly labelled button on our website or in the respective offer are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

5.4. Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly labelled 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.

6. terms of delivery

6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, 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 dispatch shall be at your risk.7. statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These general terms and conditions and customer information have been drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29 November 2023