General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders via our online shop.

2. Contractual Partner, Conclusion of Contract

The sales contract is concluded with eat Performance GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our shop.

4. Terms of Delivery

We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.

Deliveries are usually made within 5-7 days by freight forwarder or parcel service if orders are received by 11 a.m. on weekdays. The buyer undertakes to accept the ordered goods in due time.

In addition to the indicated product prices, shipping costs are added to the orders below the minimum order value, the amount of which must be agreed with the respective contact person or will be communicated to you when preparing the offer.

Orders above the minimum order value are delivered free domicile.

5. payment

In our shop the following payment methods are basically available:

PayPal
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is executed automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Simmediately
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, you must authenticate yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately thereafter by Immediately and your account will be debited.

Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany and Austria. Payment is made to Klarna:

  • Klarna Invoice: When buying on account with Klarna you always get the goods first and you always have a payment deadline of 14 days. The complete terms and conditions for invoice purchase for deliveries to Germany can be found here and the complete GTC for invoice purchase for deliveries to Austria you will find here.
  • Klarna hire-purchase (only available in Germany): With Klarna's financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise stated in the cash register. Further information on Klarna Installment Purchase including the General Terms and Conditions and the European standard information for consumer credit can be found here. Installment purchase is only offered for Germany.
  • SOFORT bank transfer
  • credit card (Visa/ Mastercard/ American Express)
  • Debit memo

The payment options are offered as part of Klarna Checkout. For more information and the terms of use for Klarna Checkout, see here for Germany and here for Austria. For general information about Klarna, see here.

Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and according to the information in Klarnas data protection regulations for Germany / Austria.

Please note that Klarna does not assume the fulfilment of the legal information obligations in the dealer-customer relationship. In particular, Klarna will not send the customer any information on any right of revocation for the contract between the dealer and the customer and also no order confirmation. The dealer himself is therefore responsible for the fulfilment of legal obligations with regard to the contractual relationship between customer and dealer. 

6. retention of title

The goods remain our property until full payment.

7. damage in transit

If goods with obvious transport damage are delivered, please complain about such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.

8. warranties and guarantees

Unless expressly agreed otherwise below, statutory liability for defects shall apply.The limitation period for warranty claims for used goods is one year from delivery of the goods.The above restrictions and reductions of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty as well as fraudulent intent, .
  • in case of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) .
  • within the framework of a guarantee promise, if agreed or
  • as far as the scope of the Product Liability Act has been opened.

Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.

Customer Service: write or call us! By e-mail at info@eat-performance.com and on weekdays at +49 (0) 30 443 26 400 (Mon - Fri from 08.00 - 17.00)

9th Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or for
  • as far as the scope of the Product Liability Act has been opened.

In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

10th Dispute Resolution
The European Commission provides an online dispute resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. We are obliged to participate in dispute resolution proceedings before a consumer arbitration board to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all. The General Consumer Arbitration Office of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible. We will participate in dispute resolution proceedings before this body.