Terms of service

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts concluded via our online shop between us,

Marios-Savvas Papadopoulos
Jacques-Offenbach-Str. 15
63969 Offenbach am Main
Germany

Email: info@illstinct.com

(hereinafter “seller” or “we”)
and you as our customer (hereinafter “customer” or “you”).

(2) The version of these GTC valid at the time the contract is concluded shall apply.

(3) We do not accept deviating terms of the customer. This also applies if we do not expressly object to their inclusion.

(4) The GTC apply to consumers (Section 13 BGB) as well as to entrepreneurs (Section 14 BGB).

(5) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.


§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) You can select products from our range and collect them using the “Add to cart” button. By clicking the “Buy now” button, you submit a binding offer to purchase the goods in the cart. Before submitting the order, you can view and change your details at any time.

(3) We will then send you an automatic acknowledgement of receipt by email listing your order again. This does not constitute acceptance of your offer. The purchase contract is only concluded by our express declaration of acceptance by email (order confirmation) or by delivery of the goods.

(4) The contract text is stored in compliance with data protection and sent to you on a durable medium (e.g. email or printout) no later than upon delivery.

(5) The contract is concluded exclusively in German.

(6) We accept orders from abroad (Austria and Switzerland) without a minimum order value.


§ 3 Delivery terms

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery time is:

  • 1–3 working days for deliveries to Germany

  • 2–5 working days for deliveries to Austria and Switzerland

(3) If the product you ordered is temporarily unavailable, we will inform you without delay. In the case of permanent unavailability, we will refrain from declaring acceptance. In this case no contract is concluded.

(4) Delivery is only made to customers with a billing and delivery address in the following countries: Germany, Austria, Switzerland.


§ 4 Prices and shipping costs

(1) All prices in our online shop are final prices in euros, including statutory VAT and plus any shipping costs.

(2) Shipping costs are clearly shown during the ordering process.

(3) For partial deliveries we charge shipping costs only once. If they are made at the customer's request, they are charged separately for each partial delivery.

(4) In the event of an effective withdrawal, we refund the outbound shipping costs in accordance with the statutory provisions. Return shipping costs are borne by the customer.

(5) Shipping is by parcel service. We bear the shipping risk if you are a consumer.


§ 5 Terms of payment

(1) The following payment methods are available to you:
PayPal, Klarna, Kreditkarte, Apple Pay, Google Pay, Shopify Payments

(2) The purchase price is due immediately upon conclusion of the contract.


§ 6 Retention of title

The goods remain our property until payment has been made in full.


§ 7 Warranty

(1) The statutory provisions on material defects and defects of title apply (Sections 434 et seq. BGB).

(2) The limitation period for warranty claims is:

  • 2 years from delivery for consumers

  • 1 year from delivery for entrepreneurs

(3) Any manufacturer or seller guarantees apply in addition to the statutory claims and are governed by the respective enclosed guarantee conditions.


§ 8 Liability

(1) Claims for damages by the customer are excluded, except:

  • in the event of injury to life, body or health

  • in the event of an intentional or grossly negligent breach of duty

  • in the event of a breach of essential contractual obligations (cardinal obligations)

(2) In the event of a slightly negligent breach of cardinal obligations, we are only liable for the foreseeable damage typical for the contract.

(3) These limitations of liability also apply in favour of our legal representatives and vicarious agents.

(4) The limitations do not apply in the event of fraudulent concealment of defects or the assumption of a guarantee. The provisions of the Product Liability Act remain unaffected.


§ 9 Data protection

Detailed information on the processing of personal data can be found in our privacy policy at:
👉 https://www.illstinct.com/pages/datenschutzerklarung


§ 10 Copyright

All content of our online shop (images, videos, texts) is protected by copyright. Use without express permission is not permitted.


§ 11 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal.
👉 The full cancellation policy and the model form can be found here:
https://www.illstinct.com/policies/refund-policy


§ 12 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.


§ 13 Applicable law & Place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence remain unaffected.

(2) If you are a merchant, the place of jurisdiction is the seller's registered office in Germany. Otherwise, the statutory provisions apply.

(3) Should individual provisions of these GTC be invalid, the remainder of the contract remains valid.

§ 14 Returns from abroad / customs and import duties

For deliveries to Switzerland and other non-EU countries, customs duties, import VAT and other charges may be incurred by the recipient. These costs are borne exclusively by the buyer.

If a shipment is returned to us due to the following circumstances, additional costs arise that will be deducted from the refundable amount:

  • Non-acceptance of the shipment by the recipient
  • Incorrect or incomplete delivery address
  • Shipment not collected
  • Missing or refused customs payment

In these cases, the following costs will be deducted from the refund amount:

  1. The original shipping costs (unless already shown separately)
  2. Applicable return shipping costs
  3. Import VAT and customs duties charged by the carrier/customs to illstinct® as the sender
  4. Processing fee for customs clearance per shipment: €36.00 

Any remaining amount will be refunded within 14 working days after receipt and processing of the return. A refund requires that the goods are returned undamaged and in their original condition.

illstinct® is not liable for customs or tax costs resulting from non-acceptance or incorrect address details provided by the buyer.



§ 15 Special promotions and promotional terms

BreakProof guarantee for boxing and MMA gloves

  • 1-year guarantee on material and manufacturing defects

  • Free replacement for defects, except in cases of wear and tear, improper use or third-party interference

  • Claims must be made within 30 days of discovering the defect (incl. invoice and description)

Bundle offers

  • The bundle discount only applies if all included products are purchased in full

  • If part of the bundle is returned, the discount is cancelled proportionally

Customer's responsibility when fitting the mouthguard

  • The ImpactShield mouthguard is delivered unmoulded and must be individually shaped by the customer by heating and fitting it.
    The customer is obliged to fit the mouthguard correctly according to the instructions we provide. For this purpose we provide detailed step-by-step instructions and a fitting video.

  • Incorrect or improper fitting (e.g. water that is too hot, heating for too long, biting incorrectly or incorrect moulding) does not constitute a material defect.
    Damage or fit problems caused by incorrect fitting are considered improper use of the product and do not give rise to warranty claims.

Gift promotions

  • Free gifts above a certain order value are only valid as long as the conditions remain met

  • If the main order is returned, we reserve the right to charge for the gift subsequently

Upsell offers

  • Only valid in direct connection with a main order

  • If the main order is returned, the discounted upsell item will be charged at the regular price