General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following Terms and Conditions apply to contracts that you conclude with us as the provider (B&F Commerce GmbH) via the websites b1-athletics.com, b1salts.com or b1athletics.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is expressly rejected.

(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 neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods, including digital content (data created and supplied in digital form).

(2) By listing the respective product on our website, we submit to 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” via the corresponding button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Continue to Order” button (or a similar designation) and entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.

If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order details will be displayed to you as an order overview either on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview again, make changes to it (including by using the “back” function of your internet browser), or cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order subject to payment,” “pay” / “pay now,” or similar designation), you make a legally binding declaration accepting the offer, thereby concluding the contract.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 License to Use Digital Content

(1) The digital content offered is protected by copyright. For each item of digital content purchased from us, you receive a license to use it from the respective licensor. The type and scope of the license are determined by the licensing terms specified in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a non-exclusive license to use the digital content. This includes a non-exclusive, unlimited right of use in terms of time, in particular permission to save a copy of the digital content on your computer or other electronic device for your personal use and/or to print it.

You are not entitled to rent out the digital content that is the subject of the contract or parts thereof, to sublicense it for payment or free of charge, to communicate it publicly or otherwise make it accessible, or otherwise make it available to third parties.

§ 4 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 retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security of the goods subject to retention of title is not permitted before ownership has passed.

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 arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, insofar as you fail to duly meet your payment obligations, we reserve the right to collect the claim ourselves.

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 the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled insofar as the realizable 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.

§ 5 Warranty

(1) The statutory rights relating to 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) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before 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 in deviation from the above warranty provisions:

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

b) In the event of defects, we shall, at our discretion, provide warranty by remedying the defect or supplying a replacement. If the remedy of the defect fails, you may, at your discretion, request a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated in particular by the nature of the goods or the defect or other circumstances. In the case of repair, we are not required to bear any increased costs arising from the goods having been moved to a location other than the place of performance, unless such relocation corresponds 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:

• to damage attributable to us and caused culpably by injury to life, body or health, or to 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;

• to items that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;

• to statutory rights of recourse that you have against us in connection with defect claims.

§ 6 Choice of Law

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

§ 7 Shipments to Non-EU Countries

(1) If delivery is made to a country outside the European Union, additional customs duties, taxes or fees may be payable by the customer. These are not payable to the provider, but to the competent customs or tax authorities in the respective country. The customer is advised to obtain details from the customs or tax authorities before placing an order.

II. Customer Information

1. Identity of the Seller

B&F Commerce GmbH
Höhenweg 15
84180 Loiching
Germany
Email: support@b1athletics.com

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 neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps required to conclude the contract, the conclusion of the contract itself and the correction options are governed by the provisions entitled “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

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 Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which must be borne by you.

5.4. Any money transfer costs incurred (bank transfer or exchange rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU Member State but payment is initiated from outside the European Union.

5.5. The payment methods available to you are shown under an appropriately designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions, Provision

6.1. The delivery conditions, delivery date, any existing delivery restrictions and the conditions for providing digital content can be found under an appropriately designated button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment does not pass to you until the goods are handed over to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipment are carried out at your risk.

7. Statutory Liability for Defects

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