Flexotape GmbH

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Terms and Conditions of Ultimate Massage Solutions, licence partner of Markus Erhard GmbH (flexotape)

§ 1 Contracting parties, area of application
(1) The following terms and conditions state the contract relations for all orders of goods via the internet/ online shop from the websites www.flexotape.co.uk and www.flexotape.com (hereafter called “website”) of the provider Ultimate Massage Solution (hereafter called „UMS“ or "flexotape"), represented by Ultimate Massage Solutions, 33 Mount Prospect Park, BT9 7BG, Belfast, United Kingdom, and all other orders placed via other distribution channels by the customer/ trader (herafter called “customer”).
(2) All orders, sales, distributions and other business relations are based under the present terms and conditions. No other or modified terms and conditions will be accepted by flexotape, except if flexotape accepts modified terms and conditions, before conclusion of the contract, in written form only.
(3) Flexotape processes orders according to the terms and conditions, valid at the time of the order. The present terms and conditions are provided on the website and can be easily find by the customer. Flexotape reserves the right to change the terms and conditions at any time.
(4) Displayed offers of the online shop and order forms are not-binding requests to order products from flexotape.

§ 2 Object of the contract
(1) Object of the contract are the specified products and services from flexotape according to the order process (electronic or written) and stated prices.

§ 3 Order, contract, reservation of acceptation and delivery
(1) By entering your data and clicking the “place order” button you make a binding offer to the completion of a sale contract. Binding orders can also be placed via phone or fax. By ordering, the customer explicitly agrees to the terms and conditions. Modifications of the order by the customer usually are not accepted. Legal claims of modifications are excluded.
(2) The binding sale contract only comes to effect by the acceptation of the order by flexotape. The acceptation of the order will be declared by shipping the ordered goods to the customer. Flexotape will then send the shipping confirmations and terms and conditions to the customer’s email address. Flexotape reserves the right to deny the order without giving reasons.
(3) In case of non-availability of ordered goods, flexotape has the right of withdrawal of the sale contract at any time. Flexotape can deliver a substitute item with equal quality in line of the standard and the same price. The customer has no legal claim to this. Claims for damages are impossible. Flexotape is entitled to partial shipment.

§ 4 Prices
(1) All offered goods on the website and order forms are subject to confirmation and non-binding. Errors, mistakes, availability and changes, product description in particular, and their representations are reserved. All listed prices are in GBP, including the valid legal English VAT (value added tax), excluding costs for packaging and delivery, valid at the time of order. All previous prices lose their validity. Packing and delivery costs, to be paid by the customer, are shown separately on the invoice.

§ 5 Shipping, delivery costs
(1) Packing and delivery of the ordered goods are carried out by flexotape or a third party authorized by flexotape. Flexotape is explicitly allowed to authorize a third party for packing and delivery.
(2) Delivery is on the customer’s risk. Once the goods have been handed over to a delivery company, the risk is transferred to the customer. This also applies for partial deliveries. The order will be delivered to the customer's delivery address. If the customer is a consumer according to § 13 BGB, the risk of accidental loss and accidental deterioration of the goods go to the customer only with the transfer of the goods passed to him. The handover is the same, if the customer is in delay of acceptance.
(3) Shipping fees are specifically mentioned in the product description and displayed in the order process once more. For orders outside the EU, in addition to the custom clearance fees the customer has also to pay for the customs fees. These have to be paid directly on receipt of goods to customs.
(4) Delivery dates are not binding, unless explicitly agreed on a specific delivery date in writing. flexotape is not responsible of supply disruptions or delays, especially due to strikes, labor riots, lockouts or act of God. The customer is only entitled to resign if flexotape has agreed on a delivery time, and only then if the customer issues identified after the agreed delivery time and an appropriate extension has been set and the extension is without success.

§ 6 Payment conditions, offsetting, delayed payment
(1) The ordered goods can be paid by prepayment / bank transfer, direct debit, credit card or by PayPal. It should be noted:
(a) Prepayment: After placing the order by the customer, the customer receives an order confirmation via e-mail with the Bank details of           
Ultimate Massage Solutions (Ultimate Massage Solutions, Sort code 95-01-25, Account No.40035335; Danske Bank). The payment must be made within 7 calendar days.
The order will be shipped after receipt of payment.
(b) Direct debit (only for Germany): The customer entitles flexotape to withdraw the order value from the customer’s bank account. 
In case of a return debit note the customer is charged 10 GBP in addition to the regular invoice amount.
(c) PayPal: The terms and conditions of PayPal will apply.
(d) Cash on delivery (COD): When ordering by COD, administrative and processing fees will be added and have to be paid to the delivery company.
(2) Cash and cheques will not be accepted by flexotape. Flexotape reserves the right to exclude certain payment methods even after the order.
(3) Cash discount is not possible.
(4) Offsetting against counterclaims of the customer is only allowed if these counterclaims are recognized in writing by flexotape or proven legally. The customer may only exercise the right of retention when and if his claim is based on the same contractual relationship.
(5) The customer has to bear all possible banking charges in case of orders from abroad.

§ 7 Reservation of proprietary
(1) The ordered goods remain the property of flexotape until complete payment. It is not allowed to resell goods that is in the property of flexotape as long as the customer is in delay of payment. Extended reservation of proprietary rights apply, if goods have been resold.

§ 8 Warranty, liability, compensation
(1) We exclude liability based on simple negligence as long as no significant contractual obligation is injured.
(2) If the customer accepts the goods in spite of knowing about a deficiency, guarantee claims can only be allowed if the customer claims the guarantee right after receipt of the goods.
(3) The goods have to be inspected on deficiencies by the customer right after receipt. All deficiencies have to be reported immediately in written form. Damages of the packaging have to be reported to and confirmed by the delivery company in written form, when the goods are delivered by the delivery company. Guarantee claims of transport damages are only effective if the customer exercises his obligation of right of inspection and claims notification. This is not applicable if the customers is a consumer according to §13 BGB.
(4) The warranty period for new goods is 24 months. The warranty period for used goods is one year. The period starts at the time that the goods have been handed over to a delivery company and is then at the risk of the customer. If the customer is a company according to §14 BGB the warranty period for new goods is one year and for used goods it is 6 months. The period starts at the time that the goods have been handed over to a delivery company and is then at the risk of the customer. The warranty is according the statutory regulations.
(5) For other than loss of life, body and health damage, flexotape only is liable if these are based on intentional or grossly negligent acts or culpable violation of an essential contractual obligation by flexotape or vicarious agents (e.g. the delivery company for example) of flexotape. Any further liability for damages is excluded. The regulations of the Product Liability Act remain unaffected. Is essential contractual obligation negligently violated, the liability of flexotape on the predictable and adequate causal damage is limited. Claims for damages for partial deliveries, late delivery and non-delivery are excluded.

§9 Privacy policy, copyright
(1) flexotape ensures that the customer data is in strict confidence and only collected in connection with the processing of the order and payment, processed and stored, and are only evaluated and deposited to in-house market research and marketing purposes at flexotape and our course and cooperation partner the Physio Training Academy. There will be no sale and / or transfer of the data to third parties without the customer's consent. The collection, storage and use of personal information, in accordance with and on the basis of the data protection provisions of the Federal Data Protection Act, the Telemedia Act and the Privacy Policy. The purchaser hereby agrees explicitly and expressed its agreement with the submission of the order. According to the Federal Privacy Act the customer has the right to get information about the stored data, the right to correct and block or delete this data for free.
(2) By submitting the order by the customer, the costumer assures the accuracy of the personal data. Flexotape reserves the right to charge additional costs incurred in this context (e.g. additional processing, consignment, search costs) to be paid by the customer if the data is inaccurate. For intentional misstatement flexotape reserves the right to take legal action against such customers.
(3) flexotape indicates that all images, photos and text on the website are copyrighted. Any unauthorized use, in particular processing, reproduction, public disclosure, etc. is basically to protect the copyright of flexotape and will be pursued by civil and criminal law.
(4) flexotape® and Myofascialtape® are registered trademarks of Markus Erhard/ Markus Erhard GmbH.

§10 Final provisions
(1) Place of performance and jurisdiction for all disputes arising from this contract is at the seat of flexotape, having subject matter and local jurisdiction, to the extent permitted by law. The address for service of flexotape results from § 1.
(2) For all legal matters and disputes regarding the business relationship between the customer and flexotape German law is valid and exclusion of the CISG (UN purchasing law). Should the customer in the event of litigation have no domicile or habitual residence in the home country of flexotape, or this is not known and / or the customer is a merchant in terms of the German Commercial Code, the place of jurisdiction having subject matter and local jurisdiction is at the headquarters of flexotape.
(3) Should one or more provisions of this contract, in whole or partially, be ineffective or not feasible or lose their legal validity or enforceability, the validity of the remaining provisions shall not be affected. Instead of possibly invalid or unenforceable provision or an omission, an appropriate regulation is valid, which - as far as legally possible - comes closest to what the parties had intended in meaning and purpose of the contract.