Terms and Conditions_old

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

These terms and conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract

The purchase contract is concluded with
MyImpulse (Managing Director: Erhan Yilmaz)
Cold Market 18
73525 Schwäbisch Gmünd

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

3. Contract language, contract text storage
The language available for concluding the contract is German.

We save the contract text and send you the order details and our general terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.

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

We deliver to packing stations within Germany.

5. Payment

In our shop you can generally use the following payment methods:

Credit card
When you place your order, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering 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, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Sofort by klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Bank transfer
In order to complete the order, the invoice amount must be received by us within 7 days. If payment is not received after 3 working days, the order will be cancelled. The information required in the intended use is essential for allocating the payment to your order. Orders or payments without specifying the intended use will be cancelled! The goods will only be dispatched after payment has been received.

6. Retention of title

The goods remain our property until full payment has been made.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.
In dealings with businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damages 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 or malice
  • in the event of a 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
  • insofar as the scope of application of the Product Liability Act is open.

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online shop.

8. 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 the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

In the event of a 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) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

9. Dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Sharing content on social media (Facebook, Instagram, etc.)
We would like to point out that sharing media belonging to or related to MyImpulse on social media is expressly prohibited. This media includes, but is not limited to, text, images, videos and audio content created or published by MyImpulse. The prohibition applies regardless of the platform or social network on which the content is to be shared. We ask all customers and sales partners to adhere to this policy and to respect MyImpulse's intellectual property rights. Violations of this rule may result in legal consequences.