General terms and conditions
1.1These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Body Shape Fitness GmbH (hereinafter referred to as "seller") shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods displayed by the seller in his online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed..
1.3Any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity is a consumer within the meaning of these GTC. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a legally responsible partnership which, upon conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.1The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer..
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button completing the ordering process..
2.3The seller may accept the customer's offer within five days,
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent..
2.5In the case of the submission of an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. Any further access to the text of the contract by the Seller shall not be made. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which enlarges the screen display. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7For the conclusion of the contract the German and the English language are available.
2.8 The order processing and contact are usually done by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Nähere information about the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 For deliveries in countries outside the European Union, further costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 DThe customer will be informed of the payment method(s) in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs of the return shipment if the customer exercises his right of revocation effectively. For the return costs, the provision made in the seller's revocation instruction shall apply in the event of effective exercise of the right of revocation by the customer.
5.3 If the goods are collected by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.
If the Seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7.1 If the object of sale is defective, the provisions of statutory liability for defects shall apply..
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be asserted within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply
7.3 The customer is requested to complain about delivered goods with obvious transport risks to the delivery person and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8.1 If, according to the contents of the contract, the Seller is responsible for the delivery of the goods and the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all contents required for the processing, such as texts, images or graphics in the file formats, formatting, image and file size specified by the Seller and shall grant the Customer the necessary rights of use. The customer alone is responsible for the procurement and the acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he/she has the right to use the contents made available to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller from any claims of third parties which they may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's contents by the seller. The customer shall also assume the reasonable costs of the necessary legal defense including all court and attorney's fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in case of a claim by third parties..
8.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotion vouchers") can only be used in the Seller's online shop and only during the specified period..
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3 Promotional vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible..
9.4 With one order, several action coupons can also be used.
9.5 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 Dhe credit balance of a promotion voucher is neither paid out in cash nor bears interest.
9.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder..
10.1 Vouchers which can be purchased through the Seller's online shop (hereinafter referred to as gift vouchers) can only be redeemed in the Seller's online shop, unless otherwise specified in the voucher.
10.2 Gift vouchers and the remaining balance of gift vouchers can be used until the end of the third year after the year of purchase. Remaining credit balances are credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is complete. A later settlement is not possible.
10.4 Only one gift voucher can be inserted per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
10.8 The gift voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective gift certificate holder.
11.1 Für All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her usual residence is not withdrawn.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
If the customer acts as a merchant, legal entity under public law or special assets under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the customer's place of business is outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.