Terms and Conditions

Terms & Conditions

1. Scope of application

1.1 Our General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all concluded purchase contracts between Performance Brands GmbH (hereinafter referred to as "Performance Brands") and you as a customer, provided that you are a consumer.

1.2 A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

2. Conclusion of contract

2.1 Purchase contracts between Performance Brands and you can be concluded via the Performance Brands online store.

(1) The placement of products in the online store does not constitute a binding offer.

(2) By clicking the order button in the shopping cart you submit a binding offer to purchase. Performance Brands will then send you a confirmation e-mail, which once again documents your order and confirms that we have received your order. A contract has not yet been concluded here.

(3) The contract is only concluded when we notify you of the shipment of the goods by separate mail or with the actual shipment of the goods.

(4) If the goods ordered by you are not available in stock or for other reasons a delivery is not possible, we will not confirm your order. In this case, a contract is not concluded. We will inform you immediately and refund any payment already received.

3.1 As a consumer, you are generally entitled to a right of withdrawal.

3.2 You have the right to revoke this contract within thirty days without giving any reason. The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of revocation, you must send us

Performance Brands GmbH
Zumpestr. 16a
D-82131 Stockdorf
Phone: +49 89 893 287 63
E-Mail: robert.kreuzer@performance-brands.de

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

3.3 In addition to your legal right of revocation we grant an extended right to return your goods up to 30 days after your order.

Please note however that we do not take back used, washed, damaged or soiled goods.

The same applies to goods that are missing their original labels and tags.

Please place the goods you wish to return carefully in a clean polybag (preferably the original polybag) so that they are protected from dust, dirt and moisture.

Please pack the goods carefully and preferably use the original packing material and box to avoid bruising or other damage to the goods.

Please observe hygiene when trying on the goods. If you use the goods beyond what is necessary for trying them on or if the goods are damaged as described above we reserve the right to claim compensation for the value and to return the goods to you.

Consequences of the revocation

If you revoke the contract, then we must reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs incurred due to your choice of a type of delivery other than our standard delivery), without delay and no later than within fourteen days from the day on which we received the notification of revocation of the contract. For repayment, we will use the same means of payment that you had originally used, unless another means of payment was agreed; in no case will you be charged any fees because of this repayment. We have the right to refuse repayment until we have received the goods back or have received binding proof that you have sent the goods back to us. In any case, you must return the goods to us within fourteen days after the day of the declaration of revocation. The deadline is met if you send the goods within the period of fourteen days.

You only have to pay for a loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.

End of the cancellation policy.

4. Retention of title, set-off and right of retention

4.1 Until full payment, the delivered goods remain the property of Performance Brands.

4.2 You are not entitled to offset against our claims unless your counterclaims are undisputed and legally established.

4.3 You may only exercise your right of retention if your counterclaim arises from the same purchase contract.

5. Delivery

5.1 The delivery of goods will be made by mail to the delivery address provided by you, unless otherwise agreed. The shipment takes place within 1-3 working days after conclusion of the contract and receipt of payment and the delivery time is max. 3 business days.

5.2 If the transport company returns the shipped goods to us because delivery to you was not possible, then we reserve the right to charge you for the redelivery, unless there was a valid reason, which we accept as such.

5.3 The risk of accidental loss or accidental deterioration of the goods (transfer of risk) shall pass to you upon delivery of the goods.

5.4 Self-collection is not possible for logistical reasons.

6. Prices / Shipping costs

6.1 The prices at the time of the order are valid. All prices are end consumer prices and include the statutory value added tax and are exclusive of shipping costs and any payment fees.

6.2 You will be informed about any shipping costs before the conclusion of the contract. When ordering via our webshop, the price including VAT and any applicable shipping and payment charges will be displayed to you in the order mask prior to conclusion of the contract.

6.3 Shipping within Germany shall be free of charge.

6.4 For deliveries outside of Germany, shipping will be free of charge if the value of goods exceeds EUR 150.00. For deliveries to the Netherlands as well as to Denmark, Belgium, Luxembourg and Austria and a value of goods below EUR 150.00 the flat rate for shipping is EUR 6.95. For deliveries to France, Italy, Switzerland the flat rate for shipping is EUR 9.95. For deliveries to Great Britain, Ireland, Spain and Portugal we charge EUR 12.95 as flat rate for shipping.

For deliveries to Switzerland and Great Britain, the customer must also pay the customs clearance fee, as we deliver duty unpaid.

6.5 If you choose PayPal as your payment method, PayPal (Europe) S.à r.l. et Cie, S.C.A. offers you a free refund of your shipping costs. The return is therefore free of charge for you. Learn more about PayPal free returns here: https://www.paypal-returns.com/hc/de/requests/new

The following apply PayPal Terms and Conditions.

7. Terms of payment / Means of payment

7.1 Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract.

7.2 In principle, the following methods of payment are available to you:

(1) Payment in advance
With this payment method you need to remit the invoice amount to our bank account number mentioned in the order confirmation. As soon as we have received the amount in our account we will send the goods to your attention.

(2) Payment by Credit Card
For payment by credit card, enter the card number, the expiration date and the three-digit security code located next to the signature field on the right on the back of the card. At the time of invoicing we will debit the amount to your credit card account and send out the goods to you.

(3) Payment by PayPal
During the payment process, you will be forwarded to the PayPal / PayPal Express page to log into PayPal / PayPal Express account and finalize the payment.

Note: Please remember that your PayPal / PayPal Express account must have sufficient credit for the transaction to be successfully completed.

As soon as the amount is credited to our account we will deliver the goods to your attention.

(4) Payment by Klarna

With Klarna you now have a fast and easy ordering process: Order now and pay later. After your order has been shipped, you will receive the invoice including all payment information by email directly from Klarna. From the invoice date you have 14 days to pay the order.

8. Warranty and liability

8.1 Performance Brands shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

8.2 Claims for material defects shall not exist if you modify the goods, handle them improperly or use them in a manner that is not in connection with the proper use of the goods.

8.3 Performance Brands expressly reserves the right to make product-related changes to the shape, colour, weight and design of the products, provided that the changes and / or deviations are reasonable for you, taking into account the interests of Performance Brands.

8.4 Performance Brands shall be liable without limitation for damages arising from the breach of a warranty or from injury to life, limb or health. The same applies to intent and gross negligence, to mandatory statutory liability for product defects (in particular under the Product Liability Act) and to liability for fraudulent concealment of defects. Performance Brands shall only be liable for slight negligence if essential obligations are violated which arise from the nature of the contract and which are of particular importance for the achievement of the purpose of the contract. In the event of a breach of such obligations, default and impossibility, the liability of Performance Brands shall be limited to such damages as may typically be expected to occur within the scope of the contract.

9. Copyright and trademark protection

All copyrights and trademark rights to images, graphics, texts, etc. used are owned by Performance Brands GmbH. Use without express consent is not permitted.

10. Applicable law

The law of the Federal Republic of Germany shall apply.