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Terms

Pricing

All prices include the applicable current VAT rate. Changes and errors excepted.

In some cases, international shipments may be subject to additional taxes (e.g. shipments outside the EU) and/or dues (e.g. duties) payable by the customer.

Conclusion of Contract

Conclusion of contract through our basket
The customer is able to select products from our product range and add these to a so-called virtual basket using the "Add To Basket" button. Using the "Submit Order" button will then submit a binding request to purchase the items in the basket. Before submitting the order the customer is able to review information about their order on a summary page and use buttons to change products or edit information.

After this the customer will receive an automated acknowledgement from us by email which again lists the customer’s order and which the customer may then print using the "Print" function. The automated acknowledgement also constitutes our acceptance of the request.

If the customer selects an advance payment method (cash in advance, Sofortüberweisung.de, PayPal), the contract is concluded once the customer places the order irrespective of the above by us prompting the customer to remit the payment unless the customer has already received an acknowledgement of receipt at said time.

Conclusion of Contract via PayPal
The customer is able to select products from our product range and add these to a so-called virtual basket using the "Add To Basket" button. By clicking the "Go to PayPal" button the customer is able to sign into the PayPal payment service. Before submitting the order the customer may review information about their order on a summary page and use specific buttons to change information. The "Cancel and return to ESN" button allows the customer to return to the basket and change the products.

In this case the products offered through our webshop constitute a binding offer from us, which the customer accepts by clicking the "Pay Now" button. The customer will further receive an automated acknowledgement from us via email, which again specifies the customer’s order and which the customer can print out using the "Print" function.

Conclusion of Contract - General
The wording of the contract will be saved by us and sent to the customer in writing along with these general terms & conditions after submitting their order. The wording of the contract is also archived on our website and can be accessed by the customer through their password-protected customer account without charge by entering the respective login information provided the customer has registered for an account with us before submitting the order.

Our online shop is solely aimed at consumers wishing to meet their personal needs for products offered by us. The establishing of contracts for quantities higher than normal household quantities and the commercial resale of the object of purchase requires our express confirmation.

In the event that a customer places an order for quantities higher than normal household quantities, we are entitled to limit the quantity to normal household quantities. However, in this case the customer is entitled to cancel the entire contract. In the event that the customer places an order for commercial resale, we are entitled to cancel the entire order.

Terms of Delivery

Domestic orders are delivered on the basis of prepayment, Sofortüberweisung.de, PayPal, on account (Klarna)* or cash on delivery. In the case of prepayment or PayPal the customer shall transfer the invoice amount specified by email or phone to the following account (NOT for Klarna payments!):

Fitmart GmbH & Co. KG
Bank: Commerzbank
BLZ: 221 400 28
Kto: 101 012 300
IBAN: DE48221400280101012300
BIC: COBADEFFXXX

PayPal account: info@fitmart.de (log into PayPal.co.uk and follow PayPal payment instructions)

Reason for payment: order number + customer name

*Payment on account through Klarna: Payment on account is offered by us in collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden . When making a purchase on account with Klarna you will always first receive the goods with a payment term of 14 days. Transfer payments directly to Klarna AB (publ) (www.klarna.de). You will receive an email with all of the payment information directly from Klarna. Please note, purchases on account are only offered to customers in Germany. The online shop charges a fee of 1.50 Euro per order for purchases on account through Klarna. For the complete T&Cs for purchases on account for delivery to Germany please click here.

Payment Methods

	Payment in advance 2% Skonto	PayPal	Klarna Rechnung	Credit Card	SOFORT Überweisung
Germany	Yes	Yes	Yes	Yes	Yes
Austria	Yes	Yes	No	Yes	No
Belgium	Yes	Yes	No	Yes	No
Bulgaria	No	Yes	No	No	No
Croatia	No	Yes	No	No	No
Czech Republic	No	Yes	No	No	No
Denmark	Yes	Yes	No	Yes	No
Estonia	No	Yes	No	No	No
Finland	No	Yes	No	No	No
France	Yes	Yes	No	Yes	No
Greece	No	Yes	No	No	No
Hungary	No	Yes	No	No	No
Iceland	No	Yes	No	No	No
Ireland	Yes	Yes	No	Yes	No
Italy	Yes	Yes	No	Yes	No
Lettland	No	Yes	No	No	No
Liechtenstein	Yes	Yes	No	Yes	No
Lithuania	No	Yes	No	No	No
Luxembourg	Yes	Yes	No	Yes	No
Monaco	No	Yes	No	No	No
Netherlands	Yes	Yes	No	Yes	No
Norway	No	Yes	No	No	No
Poland	No	Yes	No	No	No
Portugal	Yes	Yes	No	Yes	No
Romania	No	Yes	No	No	No
Slovakia	No	Yes	No	No	No
Slovenia	No	Yes	No	No	No
Spain	Yes	Yes	No	Yes	No
Sweden	Yes	Yes	No	Yes	No
Switzerland	Yes	Yes	No	Yes	No
United Kingdom	Yes	Yes	No	Yes	No
Vatican	No	Yes	No	No	No

Freight and Delivery Costs

	Shipping costs	Free shipping from
Germany	3,90 €	75,00 €
Austria	7,90 €	120,00 €
Belgium	-	120,00 €
Bulgaria	-	150,00 €
Czech Republic	-	150,00 €
Denmark	-	120,00 €
Estonia	-	150,00 €
Finland	-	150,00 €
France	8,58 €	120,00 €
Greece	-	150,00 €
Hungary	-	150,00 €
Ireland	-	150,00 €
Italy	-	120,00 €
Liechtenstein	-	150,00 €
Luxembourg	9,56 €	120,00 €
Luxembourg		120,00 €
Luxembourg		120,00 €
Luxembourg		120,00 €
Netherlands	-	150,00 €
Norway	-	150,00 €
Poland	-	150,00 €
Portugal	-	150,00 €
Slovakia	-	150,00 €
Spain	-	150,00 €
Sweden	-	150,00 €
Switzerland	15,00 €	150,00 €
United Kingdom		150,00 €
United Kingdom		150,00 €
United Kingdom	9,80 €	150,00 €
United Kingdom		150,00 €

For cash on delivery add € 3.60, regardless of the order value.
Please note, the postal service will also charge a fee of € 2.00 for cash on delivery.

Additional charges payable by the customer may apply to deliveries outside of Germany in individual cases. This includes, for example, money transfer fees (e.g. remittance fees, currency exchange fees) or for deliveries outside the European Union import dues/taxes (e.g. duties and import sales tax).

Product Warranty, Guarantee

We are liable for material defects according to the applicable statutory provisions, particularly §§ 434 ff. German Civil Code.
For business customers, the warranty for items delivered by us is 12 months, not including compensation for damages and expenses, or the right of recourse under § 478 German Civil Code.
Any other warranty only applies to goods delivered by us when expressly stated in the order acknowledgement for the respective item.

Special Terms for Vouchers

Validity
1. These terms apply to vouchers/gift certificate issued by Fitmart GmbH & Co. KG (hereinafter "Fitmart") with a 12-digit voucher code.

Redeeming Gift Certificates
1. Vouchers may only be redeemed on the esn.com website.
2. Vouchers and remaining balances of vouchers may be redeemed until the end of the fifth year after the year the voucher was purchased.
3. Vouchers may be redeemed during the order process in the basket, or in advance using the menu item "Account". When redeemed in advance the value of the voucher will be credited to your user account.
4. If the amount of the purchase exceeds the value of the voucher or credit balance, the difference may be paid with additional vouchers and other payment methods (offered by Fitmart).
5. Multiple gift vouchers may be used per order.
6. Gift vouchers may only be combined with one special or discount code per order.
7. You may check your current balance at esn.com under the menu item “Account". This requires an ESN customer account.

General
1. Redeeming vouchers at esn.com is subject to the respective general terms & conditions and privacy policy.
2. Vouchers purchased may only be cancelled by customer service if the voucher has not yet been redeemed.
3. The buyer can obtain information from ESN about redeeming vouchers purchased.

Limitations
1. Vouchers cannot be used to purchase other vouchers.
2. Vouchers/the credit balance cannot be redeemed for cash.
3. Credit balances previously used for an account cannot be transferred or offset against other accounts.
4. The resale of vouchers is prohibited.

Please use our contact form if you have any questions. Please remember to include the Voucher code.

Back of Card
This gift voucher may be redeemed at esn.com. There you may also access the balance and applicable T&Cs. No cash value.

Applicable Law, Jurisdiction, Contract Language

All privity of contract is subject to the laws of the Federal Republic of Germany excluding the laws on the international sale of goods. For consumers this choice of law only applies if the cover provided by mandatory provisions of law of the state of the consumer’s usual place of residence is revoked.

For customers acting as a merchant, legal body under public law or public separate estate based within the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is our registered office. For customers based outside the territory of the Federal Republic of Germany, our registered office is the sole place of jurisdiction for any disputes arising from this contract, provided the contract or rights related to the contract can be attributed to the profession or business activity of the customer. However, in the aforementioned cases in any event we are entitled to appeal to the court where the customer is located.

The contract language is German.

Information about the seller’s identity

Fitmart GmbH & Co. KG
Werner-von-Siemens-Straße 8
25337 Elmshorn

Phone: +49 (0) 4121 830 31 00
Fax: +49 (0) 4121 830 31 09

E-Mail: info@esn.com

Registration court: Pinneberg district court
Registry number: HRA 6610 PI

Fitmart GmbH & Co. KG represented by the personally liable partner: Fitmart Verwaltungsgesellschaft mbH, Registration court: Pinneberg district court, HRB 9726 PI. Which in turn is represented by the managing director: Murat Yasar

Tax number: 31/286/07551
VAT ID number under § 27 a Value Added Tax Act: DE281774068

Responsible party as defined by § 55 para. 2 Interstate Broadcasting Treaty: Murat Yasar, address above