General Terms and Conditions

The Bodyfitwear shop is operated by: Positive Body GmbH (hereinafter referred to as “Positive”), Frankfurter Ring 247 / RGB, 80807 Munich, Germany, phone: +49 89 45205880, fax: +49 89 452058811, e-mail: info@positivebody.de; Managing Director Dirk Nienaber; Commercial Register Munich HRB 126274, VAT identification number:
DE 204775055

1. Preamble:
Basically, Bodyfitwear is a B2B platform and trades with merchants or companies that have a VAT number. Consumers can also order goods; however, different prices and return agreements apply here (see below).

2. Scope of application:
The following General Terms and Conditions apply to all transactions between Positive and customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) regarding products offered and sold via the Positive online shop.

3. Conclusion of contract:
The purchase contract is concluded when Positive confirms the customer’s offer in the order within seven days by sending an e-mail message or by dispatching the ordered goods in accordance with section 6.

4. Payment
Positive accepts payment in advance by bank transfer, PayPal or credit card via PayPal.

The customer is only entitled to offset and withhold payment against Positive’s claims if the counterclaim asserted by the customer is undisputed or has been recognised in writing by Positive or has been legally established.

5. Prices
The product prices quoted in the webshop are inclusive of VAT and exclusive of shipping costs (see section 6).

6. Shipping costs
In addition to the indicated prices, Positive charges shipping costs per order. You will be informed of the shipping costs on the product pages, in the shopping basket system and on the order page. The shipping costs may differ for deliveries within Germany and for deliveries abroad.

7. Delivery periods, delivery
Positive will deliver the goods to the delivery address specified in the order within 7 days of receipt of payment using the delivery method selected by the customer. Positive is authorised to make partial deliveries.

Positive delivers the goods exclusively within the EU, Switzerland and Norway, so that the delivery address, the home address and the billing address must be within the EU or within Switzerland and Norway.

On Positive’s website, the customer will find information on the availability of goods and delivery restrictions. If Positive realises during the processing of the customer’s order that an ordered product is no longer available, the customer will be informed immediately by e-mail or telephone. Any statutory claims of the customer shall remain unaffected.

8. Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal 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 goods.

If you have ordered several goods as part of a single order and the goods are delivered separately by us, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have 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 your right of cancellation, you must contact Positive Body GmbH, Frankfurter Ring 247 / RGB, 80807 Munich, Germany, Tel. +49 89 45205880, Fax: +49 89 452058811, Email: info@positive-body.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

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.

Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we 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 for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation 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.

9. Retention of title:
The delivered goods remain the property of Positive until the purchase price has been paid in full.

10. Warranty:
The customer is entitled to warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 ff. BGB. Positive is only obliged to pay damages in accordance with the more detailed provisions of clause 11. The customer’s claims for defects are initially limited to a right to subsequent fulfilment.

If subsequent fulfilment has failed or is impossible or is refused or if Positive does not respond to a reasonable deadline set by the customer, the customer shall be entitled to the statutory claims for defects.

11. Liability:
11.1. Positive is liable without limitation (i) for injury to life, limb and health, (ii) for a defect following the assumption of a guarantee for the quality of the goods, (iii) for fraudulently concealed defects, (iv) insofar as the customer’s damage is based on an intentional or grossly negligent breach of duty by Positive or a legal representative or vicarious agent of Positive and (v) within the scope of application of the Product Liability Act.

11.2. Positive shall also be liable for the negligent breach of material obligations, the breach of which jeopardises 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 customer regularly relies. In this case, however, Positive is only liable for the foreseeable damage typical for the contract.

11.3. Otherwise, Positive is not liable for breaches of duty.

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