General Terms and Conditions

The store “Bodyfitwear” is operated by Positive Body GmbH(hereinafter referred to as “Seller”), with registered office in Munich and business address Frankfurter Ring 247, 80807 Munich, Germany, fax: +49 89 452058811, e-mail: info@positivebody.de; represented by the Managing Director Dirk Nienaber; Commercial Register Munich HRB 126274, VAT identification number: DE 204775055

1. Preamble:
1.1 “Bodyfitwear” is a B2B platform and trades with entrepreneurs within the meaning of § 14 BGB (German Civil Code).

1.2 Consumers within the meaning of § 13 BGB can also order goods; however, different prices and return agreements apply here (see below).

1.3 Insofar as no special features apply to the B2B or B2C sector, both entrepreneurs and consumers are hereinafter collectively referred to as the Buyer.

2 Scope of application:
2.1 The following General Terms and Conditions apply both to transactions between the Seller and entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB) and to transactions between the Seller and consumers within the meaning of Section 13 BGB, concerning products offered and sold by the Seller via the online store.

2.2 The General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall also apply if the Buyer refers to his General Terms and Conditions in the context of the order and we have not expressly objected to the General Terms and Conditions.

3. Conclusion of contract:

The purchase contract is concluded either by the seller confirming the binding contractual offer of the seller in the order within five working days in accordance with § 145 BGB by means of an e-mail message, or by the seller dispatching the ordered goods in accordance with the more detailed provisions of Section 6.

4. Prices and payment

4.1 Unless otherwise agreed in writing in individual cases, the current prices at the time of conclusion of the contract shall apply ex warehouse of the Seller, plus statutory VAT. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in labor, material and distribution costs for deliveries made 3 months or more after conclusion of the contract.

4.2 In addition to the stated prices, the seller charges shipping costs per order. The shipping costs stated on the product pages, in the shopping cart system and on the order page shall apply. The shipping costs may differ for deliveries within Germany and for deliveries abroad.

4.3 Payment of the purchase price must be made exclusively to the seller using the following forms of payment:

– Prepayment by direct bank transfer (no discount accepted),
– PayPal,
– Klarna,
– Credit card (Visa, Mastercard, Amex),
– Giropay,
– Apple Pay

5. Delivery, delivery periods, transfer of risk

5.1 Unless expressly agreed otherwise, the Seller shall ship the goods to the address specified by the Buyer within the EU, Switzerland and Norway. Shipment to other countries is only possible by express agreement.

5.2 Upon delivery of the goods to the forwarding agent, carrier or other transport person, the risk of accidental loss of the goods shall also pass to the Buyer. If the buyer is a consumer, § 475 para. 2 BGB shall apply.

5.3 The seller shall deliver the goods to the delivery address specified in the order within 7 days of receipt of payment using the shipping method selected by the seller.

5.4 Delivery shall be ex warehouse. The warehouse is also the place of performance for the delivery and the place for any subsequent performance.

5.5 The Seller is entitled to make partial deliveries.

6. Right of revocation & revocation instruction

6.1 Consumers are entitled to a right of withdrawal in accordance with the following withdrawal policy:

6.1.1 Right of withdrawal:

The buyer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the seller or a third party named by you, who is not the carrier, has taken possession of the goods.

If the buyer has ordered several goods as part of a single order and the goods are delivered separately by the seller, the withdrawal period is fourteen days from the day on which the buyer or a third party named by you, who is not the carrier, has taken possession of the last goods.

The goods are sports or hygiene products; cancellation is therefore only possible to a limited extent. The packaging has a “seal”. If this seal is damaged, the above-mentioned right of cancellation expires; defective goods are excluded from this.

To exercise the right to cancel, the customer must inform Positive Body GmbH, Frankfurter Ring 247 / RGB, 80807 München, Deutschland, Tel. +49 89 45205880, Fax: +49 89 452058811, E-Mail: info@positivebody.de of his decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). The buyer may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the buyer to send notification of the exercise of the right of withdrawal before the withdrawal period expires.

6.1.2 Consequences of revocation:

If the Buyer withdraws from this contract, the Seller shall reimburse the Buyer for any payments the Seller has received from the Buyer, excluding delivery costs, immediately and at the latest within fourteen days from the day after the Seller has received the returned goods. For this repayment, the seller shall use the same means of payment that the buyer used for the original transaction, unless expressly agreed otherwise with the buyer; in no case shall the buyer be charged any fees for this repayment. The seller may refuse the repayment until the seller has received the goods back.

The buyer must return the goods to the seller immediately and in any case within seven working days at the latest. The deadline is met if the buyer sends the goods before the period of seven working days has expired.

The buyer shall bear the direct costs of returning the goods.

7. Warranty:

7.1 The buyer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions. The buyer’s claims for defects are initially limited to a right to subsequent performance. The buyer must grant the seller a reasonable period of time for the subsequent performance to be rendered. The period is reasonable if the seller is put in a position to complete the performance already commenced. In accordance with the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price if a deadline to be set by the buyer for subsequent performance has expired unsuccessfully or is dispensable in accordance with the statutory provisions. However, in the event of a minor defect, the buyer shall not be entitled to withdraw from the contract.

8. Liability:

8.1 The Seller shall be liable in accordance with the statutory provisions in the event of injury to life, body and health, in the event of a defect following the assumption of a guarantee for the quality of the goods, in the event of fraudulently concealed defects, insofar as the damage to the Buyer is based on an intentional or grossly negligent breach of duty by the Seller or a legal representative or vicarious agent of the Seller and within the scope of application of the Product Liability Act.

8.2 The Seller shall also be liable for the negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Buyer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract.

8.3 Otherwise, the Seller shall not be liable for breaches of duty.

9. Applicable law:

9.1 This contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2 If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The seller may also sue the buyer at the buyer’s domicile.