Contractual conditions within the framework of purchase contracts concluded via the platform


Athlete Solutions GmbH
Wohlhausener Straße 28
08258 Markneukirchen

– hereinafter referred to as “Provider” –


the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.

§ 1 Scope of application

For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “add to cart” button. By clicking on the “Buy now” button, he submits a binding request to purchase the goods in the shopping basket. The customer can change and  view the data at any time before submitting the order.

(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Thank you for your order” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this e-mail.  this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

(3) The contract is concluded in the languages: German, English or Spanish.

§ 3 Delivery, availability of goods, terms of payment*

(1) Delivery times stated by the supplier are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) For deliveries outside Europe, the delivery time stated on the item page/in the shopping cart refers to the time until the shipment arrives in the destination country. The duration of customs clearance is not included in this period.

(3) The delivery time stated on the item page/in the shopping cart begins on the working day after the customer’s payment order to the transferring bank in the case of payment in advance, or on the working day after the day of conclusion of the contract in the case of all other payment methods.

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

(5) The customer can make the payment by prepayment, PayPal, Giropay, Klarna, Apple Pay, Google Pay, invoice (Ratepay) or by credit card payment.

(6) If delivery is made against prepayment by bank transfer, the customer must transfer payment of the purchase price plus any delivery and shipping costs incurred to the provider prior to delivery (Athlete Solutions GmbH, IBAN: DE02 8705 8000 0101 0386 66 , BIC: WELADED1PLX, reason for payment: order no.). Delivery will be made after receipt of the full invoice amount in the provider’s account.

(7) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline.

(8) If the goods cannot be delivered to the customer and are returned to the provider by the parcel service, the purchase contract shall initially remain in force.

(9) The customer is responsible for any errors made when entering data during the checkout process. The costs incurred by an unsuccessful delivery attempt shall therefore be borne by the customer. The customer will be charged the return costs of the parcel service provider and all other costs which have arisen from a return shipment through no fault of the parcel service provider and the provider. The shipping costs for a new delivery of the ordered goods are also to be borne by the customer and must be paid before the new delivery.

*The conditions and deadlines mentioned here apply in addition to the legal right of withdrawal. The statutory right of withdrawal is not restricted by the conditions and deadlines stated here.

§ 4 Retention of title

Until full payment of the purchase price, the delivered goods remain the property of the provider.

§ 5 Prices and shipping costs

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

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer,  unless the customer makes use of any right of withdrawal.

(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

(4) For all orders/deliveries abroad, a flat-rate shipping fee will be charged according to the shipping cost table available in the online shop. Within Germany, shipping is free of charge from a total order value of €50 (excluding orders with a total weight of encoded_tag_closed>4 kg and Best Body Nutrition brand products). Orders to other European countries are free of shipping costs from a total order value of € 200. Orders to non-European countries are generally not free of shipping costs. For orders under €50 or €200, shipping costs will be charged
depending on the size and weight of the order. 
The shipping costs are calculated dynamically within the ordering process and are displayed in the shopping cart overview before the order. In individual cases, further taxes (e.g. in the case of an intra-community acquisition) and/or charges (e.g. customs duties) may have to be paid by the customer for cross-border deliveries. 

(5) Orders to other EU countries are shipped free of VAT. The tax is then due upon importation in the respective country. In addition, customs and import duties may be incurred; the customer shall bear the fees for customs clearance.

(6) The shipping costs are automatically displayed in the shopping cart overview and are also provided in the shipping costs table in the online store.

§ 6 Discount codes and their redemption

(1) Discount codes are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a certain period of validity.

(2) Discount codes can only be redeemed within the specified period and only once during an order process. Individual brands may be excluded from the promotion. Discount codes cannot be used to purchase gift vouchers. Please note that discount vouchers can be bound to a minimum order value.

(3) The value of the goods must be at least equal to the amount of the discount voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a discount code is neither paid out in cash nor does it bear interest. The discount code is not refundable if goods are returned in whole or in part.

(4) Discount vouchers can only be redeemed before the order process is completed. A subsequent crediting is not possible. The discount code cannot be transferred to third parties. Several discount codes  cannot be combined unless we have agreed otherwise.

(5) Should the customer have used a discount code at the time of purchase, the provider reserves the right to charge the original price of the goods that the customer has kept if – due to a cancellation – the total value of the order falls below or equals the respective value of the discount code.

§ 7 Gift vouchers and their redemption

(1) Gift vouchers are vouchers that can be purchased. These can only be redeemed for the purchase of items, not for the purchase of additional gift certificates. If the credit balance of a gift voucher is not sufficient for the order, the difference can be balanced with the offered payment options.

(2) Gift vouchers and credits can only be redeemed before the order process is completed. The credit balance of a gift voucher is neither paid out in cash nor does it bear interest. To redeem gift vouchers in the customer account or to view an existing credit balance, the customer can log into his customer account.

§ 8 Legal right of withdrawal

(1) In the case of a return of goods, the enclosed return slip can be used. A new return slip can be requested at any time in the customer account or via  customer service. The goods should be sent back in the original packaging and preferably as an insured parcel to be reimbursed by the parcel service in case of loss.

(2) Consumers are generally entitled to a statutory right of withdrawal. The legal regulations on any existing right of withdrawal are set out exclusively in the Cancellation Policy , this information is available to the customer during the ordering process.

§ 9 Refunds

(1) The provider automatically arranges any refunds to the account used by the customer for payment. If payment is made via bank transfer, the return transfer will be directed to the account from which the transfer was made. For payments by Paypal or credit card, the refund will be made to the associated Paypal or credit card account. If the customer used a gift voucher at the time of purchase, we will credit the corresponding amount to the gift voucher account.

(2) The provider reserves the right to subsequently charge shipping costs of €5.99 if the value of the order after deduction of the return falls below the minimum order value of €50 for free shipping.

§ 10 Warranty for material defects

The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs, the warranty period for items delivered by the provider is 12 months.

§ Section 11 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his 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 it concerns claims for damages by the customer arising from injury to life, limb or health.

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

(4) The provisions of the Product Liability Act remain unaffected.

§ 12 Notes on data processing

(1) The provider collects customer data as part of the processing of contracts. In particular, he shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer’s consent, the provider will not use the customer’s data for the purposes of advertising, market or opinion research.

§13 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 and private international law.

(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 shall remain binding in its remaining parts even if individual points are legally invalid. In place of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one party to the contract, the contract as a whole shall, however, become invalid.