General Terms and Conditions
1. SCOPE OF APPLICATION
1.1 For all business relations between Chainexplained Ltd. and the buyer, the following terms and conditions of sale and delivery apply exclusively in their version valid at the time of the order.
1.2 The terms and conditions can be saved and/or printed for the purpose of the order.
2. CONCLUSION OF CONTRACT
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button “order subject to payment” you place a binding order for the goods contained in the shopping cart.
The confirmation of receipt of your order is sent together with the acceptance of the order immediately after sending by automated e-mail.
2.2 With this e-mail confirmation, the purchase contract with Chainexplained Ltd. has come into effect.
2.3 Please keep your invoice/receipt from the purchase contract. It is important as proof of purchase in case of claims and theft for the insurance.
2.4 Your orders will be stored by us in the sense and within the limits of the provisions of the applicable data protection regulations. If you lose your records of your orders, please contact us by e-mail, or telephone. We will gladly send you a copy of your order data. We save the contract text and send you the order data by e-mail. You can view the terms and conditions at any time here. For security reasons, your order data is no longer accessible via the Internet.
2.5 In the event of typographical errors, billing errors and errors in the website Thenex Sport OG is not obliged to accept the offer and the execution of the order.
2.6 If a supplier does not supply us with the ordered goods, Thenex Sport OG is entitled to withdraw from the purchase contract. In this case, you will be immediately informed by us that the ordered product can not be delivered. All our price quotations are made to the best of our knowledge and belief. However, if it should happen that wrong prices are shown in the online store, we reserve the right to charge the correct price. In this case we will inform you before sending your order and grant you an immediate right of withdrawal if you do not agree.
2.7 The contract language is German.
Furthermore, the customer confirms his legal capacity with his order.
3. PRICES
3.1 All prices are final prices in EUR or BTC including the applicable VAT. The prices at the time of the order are valid.
All stated purchase prices are already discounted. The shipping costs are detailed in Pt. 6.2.
3.2 If purchase prices should apply e.g. with special offers only to a certain time, then to the period of the action one refers clearly.
Our general terms and conditions apply: Which are to be read under https://thenex-sport.com/AGB, price changes, misprints and errors excepted.
4. METHODS OF PAYMENT
4.1 Payment can be made by Bitcoin, prepayment, credit card (Visa/Mastercard), Sofort-Überweisung, Klarna installment purchase, Klarna purchase on account.
4.2 Prepayment: You pay your order in advance. The order will be processed as soon as the invoice amount is credited to our account.
4.3 Credit card (Visa, Mastercard): Simultaneously with the order of the goods we transmit the payment information to your credit card company.
4.4. Klarna Sofortüberweisung: You pay in advance immediately & directly to our company account.
4.5. Klarna (purchase on account, installment purchase)
4.6. when paying with Bitcoin, they pay immediately and they get a confirmation of the payment within 30 minutes after receiving the payment.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made in each case to Klarna
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s
Terms of Use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna’s privacy policy.
4.5.1 Invoice
The payment period is 14 days from the date of dispatch of the goods or, in the case of other services, the date of provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here:
Austria, Germany
5. RETENTION OF TITLE
5.1 The goods remain the property of Chainexplained Ltd. until full payment has been received. The retention of title also remains for all claims Chainexplained Ltd. has against the buyer in connection with the delivered purchase items.
5.2 For the duration of the retention of title, the buyer is entitled to possession and use of the object of purchase as long as he fulfills his obligations from the retention of title according to the following provisions and is not in default of payment.
5.3 If the buyer is in default of payment or if he does not fulfill his obligations from the retention of title, Chainexplained Ltd. is entitled to demand the return of the object of purchase from the buyer and after written notice with a reasonable period of time to realize the object of purchase in the best possible way by private sale under credit of the realization proceeds on the purchase price.
5.4 If Chainexplained Ltd. demands the return of the object of purchase, the buyer is obligated to immediately return the object of purchase to Chainexplained Ltd. under exclusion of any rights of retention – unless they are based on the contract of sale.
5.5 All costs of the return and the utilization of the object of purchase shall be borne by the buyer. The utilization costs amount to 10% of the utilization proceeds without proof.
5.6 As long as the retention of title exists, only with prior written consent of Chainexplained Ltd. a sale, pledge, transfer by way of security, lease or otherwise, the security of Chainexplained Ltd. impairing transfer of the purchased item.
5.7 In the event of access by third parties, in particular seizure of the purchased item, the buyer must immediately notify the seller in writing and immediately inform the third party of the retention of title. The Buyer shall also inform the Seller if insolvency proceedings are instituted against him and shall be liable for any costs culpably caused by him which have to be incurred in order to cancel the seizure and to recover the object of purchase, insofar as they cannot be recovered from third parties.
5.8 The Buyer shall be obliged to keep the object of purchase in proper condition at all times during the period of retention of title.
6. PACKAGING AND SHIPMENT
6.1 The packaging is at the expense of the company Chainexplained Ltd.
6.2 Please refer to our shipping costs table https://thenex-sport.com/versand-rueckversand/ for the transport costs. The transport costs listed there apply exclusively to the goods that can be ordered via the online store https://thenex-sport.com.
6.3 We currently ship to; EU.
6.4. the correct shipping costs will be calculated automatically in the shopping cart.
7. DELIVERY AND DELIVERY TIMES
7.1. the delivery is carried out by a forwarding agency to be named in more detail (shipments up to 40 kg and under 200 cm in length) or by forwarding agency from 40 kg and/or excess length.
7.2 In case of delays in delivery we will inform you immediately, but at the latest within 7 working days after receipt of order. We will inform you of the possible delivery date and suggest available alternatives.
7.3 A tracking of your goods via the Internet is mostly possible. With the order confirmation we will inform you about all details.
7.4 The goods must be checked for completeness after delivery. Please notify us of any shortages in writing (by e-mail or letter) as soon as possible after 24 hours.
7.5 If the goods show obvious damage to the packaging, adhesive tape or the goods themselves on receipt, these defects must be immediately claimed to the deliverer and documented on acceptance (by the parcel service / freight forwarder) and noted on the acceptance certificate. If this is not possible, please contact us immediately. Otherwise, complaints cannot be accepted and any claims against the carrier or transport insurance cannot be enforced.
8. RIGHT OF REVOCATION/CANCELLATION FOR GOODS
8.1 You have the right to cancel this contract within fourteen days without giving any reason.
8.2 The revocation period is fourteen 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 last goods.
8.3 In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear written declaration (e.g. a letter sent by post or e-mail).
You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
8.4 To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
8.5 Our model withdrawal form can be found here on the page under withdrawal.
9. CONSEQUENCES OF REVOCATION
9.1 If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within thirty days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
9.2 You shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to your handling the goods in a manner not necessary for the inspection of the quality, characteristics and functioning of the goods.
9.3 Excluded from the return are the following items:
Goods whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
Goods that are made to customer specifications or clearly tailored to personal needs,
goods that can spoil quickly or whose expiration date would be quickly exceeded,
Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
Goods which, due to their nature, have been inseparably mixed with other goods after delivery, the price of which was agreed upon at the time of conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the Entrepreneur has no influence,
sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,
9.4. the right of withdrawal applies only to non-commercial buyers.
10. RIGHT OF WITHDRAWAL/CANCELLATION FOR SERVICES
10.1 You have the right to cancel this contract within fourteen days without giving any reason.
10.2 The revocation period is fourteen days from the day of the conclusion of the contract according to Pt.2.
10.3 To exercise your right of withdrawal, you must contact us ((Chainexplained Ltd./ 33 Nikolaou I. Nikolaidi Ave.
KS Tower, Office 10/ 8010/ Paphos/ Mail: team@chainexplained-academy.com/ Phone +43 650 9859840) by means of a clear statement (e.g. a letter sent by mail, or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory. Also for your own protection, it is recommended to send a corresponding letter by registered mail.
(See point 8.5.)
10.4 In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
10.5 Services that have already been provided in full cannot be revoked.
11. CONSEQUENCES OF REVOCATION FOR SERVICES
11.1 If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
11.2 For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged any fees due to this repayment.
11.3 If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
12. VOUCHERS
12.1 Vouchers will not be deducted from promotional goods or in addition to price guarantees. Only one voucher is redeemable per person and for first purchase. No cash redemption is possible.
13. WARRANTY
13.1 Chainexplained Ltd. warrants to its customers, subject to the following provisions, that the goods sold are free from defects for which the seller is responsible within the meaning of the statutory warranty provisions.
For customers who are consumers, Chainexplained Ltd. warrants the goods sold (excluding consumable items such as food) against defects that occur within 2 years of receipt of the goods. In terms of this warranty, the cost of repair will be covered if it is economical, otherwise the item will be replaced.
13.2 In case of commercial use, warranty periods do not apply. Please ask us for this on a product-specific basis.
13.3 In case of a complaint, please contact our customer service. Please do not return any products without prior consultation with our customer service.
13.4 If the defect cannot be remedied within a reasonable period of time, the buyer may demand a reduction of the purchase price or withdraw from the contract.
13.5 Further warranty claims are excluded to the extent permitted by law.
13.6 The warranty does not apply to commercial use of the goods. Furthermore, in the event of commercial use of the goods, the customer shall immediately inspect the goods in accordance with § 377 of the Austrian Commercial Code (UGB) and immediately report any defects, otherwise the customer shall no longer be entitled to any warranty claims.
13.7 After expiry of the warranty period Thenex Sport OG supplies the customer with spare parts at cost price.
13.8 Liability: Chainexplained Ltd. is intended solely for the information of the products offered. However, it is not intended to replace the recommendations or treatments of a doctor, or to diagnose or treat any disease. All persons who wish to follow a diet or treat a particular disease should therefore always seek medical advice first. Should any side effects or damage to health occur due to improper use of the products, Chainexplained assumes no liability. Https://chainexplained.com is not responsible for statements, promises or intake recommendations made by the various manufacturers of the products. Furthermore, Chainexplained Ltd. cannot be held responsible for typing errors or changes in product composition. Athletes who are subject to the IOC must inform themselves in advance when choosing products! Some products are export goods! Please pay attention to the country-specific marketability when buying.
14. FORCE MAJEURE
If we are prevented by force majeure or circumstances beyond our control from fulfilling our obligations under a purchase contract, Chainexplained Ltd. will not be liable.
15. JURISDICTION
15.1 The entire business relationship shall be governed exclusively by Cypriot law.
15.2 The place of jurisdiction is Larnaca.
15.3 This place of jurisdiction applies to all disputes in connection with the purchase. The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought.
15.4 If the private end user does not have a place of residence within the European Union, our place of business shall be the place of jurisdiction.
15.5 In all other respects, reference may be made to the possibility of alternative dispute resolution in accordance with Art. 14 Para. 1 ODR Regulation or AStG in accordance with Pt. 20.
16. miscellaneous
Copying or reproduction of the entire website or excerpts thereof is only allowed with written permission from Chainexplained Ltd. Printing on paper is permitted only for the purpose of placing an order with Chainexplained Ltd. or as a purchasing aid. Errors and omissions in words & pictures excepted. Place of jurisdiction: Larnaca. Furthermore we would like to point out that all photos and graphics are property of Chainexplained Ltd. and are subject to its copyright. Publication is only allowed with written permission of Chainexplained Ltd. All rights reserved. Copyright ©2022
17. FINAL PROVISIONS
As far as individual changes of the general terms and conditions of Chainexplained Ltd. do not correspond to the legal regulations, the ones intended for this purpose come into force.
Chainexplained Ltd. is entitled to change the GTCs at any time. Contracts that were concluded prior to an amendment, however, retain their validity and the amended GTCs only apply to contracts concluded after the new GTCs have been posted on the Chainexplained Ltd. homepage.
We save the text of the contract and send you the order data by e-mail. You can view the GTC at any time here. For security reasons, your order data is no longer accessible via the Internet.
18 ALTERNATIVE DISPUTE RESOLUTION according to Art. 14 para.1 ODR Regulation and AStG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.