General Terms and Conditions of BODYtrust GmbH
§ 1 Scope
For all business relationships between the customer and BODYtrust GmbH, our general terms and conditions in the version valid at the time of the order apply exclusively.
§ 2 Conclusion of contract
Our information on goods and prices during the ordering process is non-binding and subject to change. By placing your order, you are making a binding offer; this offer will be accepted by us if and when we assign an order number to the offer. Until this point, we have the right to refrain from delivering the goods offered if they are not available. Only when the offer is accepted does a claim to delivery of the goods arise.
§ 3 Right of withdrawal and return
1. You have a right of cancellation and return (Section 361a of the German Civil Code). You can then withdraw from a contract concluded in accordance with these Terms and Conditions without giving any reasons within a period of two weeks after proper delivery. To do so, it is sufficient to return the goods, but also a written declaration from you or a declaration embodied on another durable data medium.
To meet the deadline, it is sufficient to send the goods or the declaration to our specified address at BODYtrust GmbH in a timely manner. Even in the case of a simple declaration of cancellation, you must return the goods to us. If these goods are used or damaged, we reserve the right to take further steps.
2. The goods must be returned in perfect condition (unused) and well packaged (original packaging).
3. Food items are understandably excluded from the right of return.
4. We will immediately refund any credit resulting from a return by bank transfer. Please provide us with your bank details for this purpose.
5. We do not bear the return costs in the event of a cancellation or return in accordance with paragraph (1) above. Unfortunately, we are unable to accept packages with postage paid.
6. We generally do not cover shipping costs for returns from abroad.
§ 4 Delivery/Shipping costs
1. We deliver to delivery addresses in Germany and abroad. Delivery is made from our warehouse to the delivery address you provide.
2. We are entitled to make partial deliveries. In the case of partial deliveries, we will of course bear the additional shipping costs incurred.
3. If the delivery is delayed, you will of course be notified.
4. You are responsible for any shipping costs incurred.
– For orders from Germany: Regardless of the order value, a flat shipping fee of €5.90 including VAT applies and you have the option of specifying a different delivery address.
– For orders from abroad: Shipping costs are calculated according to the current prices and are plus the applicable VAT. Please note our Shipping costs table.
§ 5 Due date and payment, retention of title
1. The purchase price is due upon delivery.
2. If you are in default of payment, we are entitled to charge interest on arrears at a rate of 5% above the current base rate announced by the European Central Bank. However, you are entitled to prove that no or less damage has been caused.
3. The delivered goods remain our property until full payment has been made.
4. The prices quoted include the applicable statutory VAT of currently 19% or 7%.
§ 6 Warranty
1. The product images do not always have to match the appearance of the delivered products. In particular, changes in the features of the products may occur after manufacturers renew their ranges.
2. If you can prove to us that the goods are defective, we will either provide a replacement or remedy the defects within a reasonable time. If we are unable to do this, you have the right to cancel the purchase or reduce the purchase price. In the cases listed in this Section 6 Paragraph 2, we will reimburse you for the shipping costs incurred by returning the goods.
The warranty period is 2 years.
§ 7 Transport damage/defects
1. In the case of immediately visible damage that was obviously caused by transport, we ask you to have this confirmed by the deliverer immediately upon receipt of the goods.
2. We also ask that you notify us of the damage or defect within 2 days, stating your order details. You will receive a replacement delivery immediately.
3. If a shipment arrives incomplete, please also notify us within 2 days. An immediate replacement will of course be made free of charge.
§ 8 Liability
1. We are liable for intentional or grossly negligent breach of contractual and non-contractual obligations. We are also liable for intentional or grossly negligent injury to the life, body or health of the customer.
2. In the event of culpable breach of essential contractual obligations, our liability is limited to the typical contractual damage foreseeable at the time the contract was concluded.
3. We shall be liable for damages caused by negligence up to the amount of the fee owed for the delayed service.
4. In all other cases not listed under the heading Liability, our liability is excluded.
§ 9 Data protection/credit check
The data necessary for business transactions will be stored. All personal data will of course be treated confidentially.
§ 10 Miscellaneous
1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction for both parties is the District Court of Gummersbach.
§ 11 Partial invalidity
Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.
The ineffective provision shall be replaced by an effective one which achieves the economic purpose pursued by it as closely as possible.
Status: July 2020