Business and delivery conditions

for consumers (B2C)

 

BODY’S PERFECT GmbH

Innsbruckerstrasse 54, 6100 Seefeld in Tirol

Managing director under trade law: Manuel Bodendieck

Telephone +43 512 890252

Fax +43 512 7890252-15

office@bodysperfect.com

FN 468304 h, Commercial court of registration LG Innsbruck

VAT no.: ATU 72139018

GISA no.: 29556410

 

Corporate purpose:

Commerce with the exception of regulated commercial trades

sector: food retail, mail order

 

  1. Validity

The deliverables, services and offers from BODY´S PERFECT GmbH are made exclusively on the basis of these general terms and conditions (in short: GTC); BODY´S PERFECT GmbH does not recognize conditions of the customer that contradict or deviate from these General Terms and Conditions, unless their validity has been expressly agreed to. Contract performance activities by BODY´S PERFECT GmbH are not valid as consent to contract conditions differing from these GTC.

  1. Order and contract conclusion

 

  • The presentation of the goods in the online shop does not constitute a binding offer from BODY´S PERFECT GmbH to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.

 

  • The order takes place in the following steps:
    • Selection of the desired merchandise
    • Submission of registration data for registration in the online shop (first name, last name, street name and house number, postcode, town, country, email address), after first-time registration, only a login with email address and password is required
    • Display of the pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
    • Choice of shipping method and payment method (correct)
    • Verification of the items in the shopping cart
    • Confirmation by clicking the button "liable to pay with order"

 

  • Further review and, if necessary, correction of the data entered
  • Binding dispatch of the order
  • By submitting the order in the online shop, the customer makes a binding offer, aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these terms and conditions as solely relevant for the legal relationship with BODY´S PERFECT GmbH.
  • BODY´S PERFECT GmbH confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by BODY´S PERFECT GmbH. It only serves to inform the customer that the order has been received by BODY´S PERFECT GmbH. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.

 

  1. Right of withdrawal of the consumer according to § 11 FAGG

 

  • The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside the business premises of BODY´S PERFECT GmbH or from a distance contract – provided no legal exception applies - within fourteen working days.

 

  • A withdrawal of the customer is excluded in accordance with § 18 paragraph 1, number 5 of the Distance and Foreign Trade Act for reasons of health protection and hygiene reasons in any case if the seal of the goods was removed after delivery.

If the seal of the goods is intact, the following applies:

  • The withdrawal period is fourteen calendar days. In contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that are ordered within a single order and delivered separately, from the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the consumer (customer) has sent the cancellation notice within the deadline.

 

  • The declaration of withdrawal can also be done electronically using the withdrawal template, available on (Link).

 

  • If the consumer (customer) withdraws from the contract, then step by step

 

  • the consumer (customer) has to return the received goods and pay BODY´S PERFECT GmbH a reasonable compensation for any reduction in the fair value of the goods, as well as

 

  • BODY´S PERFECT GmbH has to reimburse the payments made by the consumer (customer) including the delivery costs (with the exception of the additional costs that result from the fact that the consumer [customer] uses a different type of delivery than the one offered by BODY´S PERFECT GmbH cheapest standard delivery) and reimburse the necessary and useful effort made by the consumer (customer).

 

  • The consumer has to bear the direct costs of the return

 

  1. Prices, method of payment, shipping and costs

 

  • The prices of the articles are listed on the homepage of the online shop as well as on the individual article detail pages. All prices quoted by BODY´S PERFECT GmbH as well as the shipping costs are total prices and also include the statutory sales tax.

 

  • The available payment methods are indicated in the online shop. Only the payment methods shown in the online shop are recognized by BODY’S PERFECT, such as:

 

  • Paypal
  • Stripe (credit card)
  • Klarna (instant transfer)

 

  • Shipping costs apply if the goods in question are not disclosed as free of shipping costs. The shipping costs are shown separately on offers, in the shopping cart system and on the order overview.

 

  • Shipping only takes place to the countries Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia , Spain, Czech Republic, Hungary, Cyprus, Austria. For all other countries please contact BODY´S PERFECT GmbH via email.

 

  1. Delivery conditions

 

BODY´S PERFECT GmbH is only obliged to perform the service when the customer has fulfilled all of the obligations that are necessary for the execution. Unless otherwise stated in the order confirmation, BODY´S PERFECT GmbH will dispatch the goods within 2 working days after receipt of payment. BODY´S PERFECT GmbH is entitled to exceed the agreed dates and delivery times by up to one week. Only after this period has expired does the customer have the right to withdraw from the contract after setting a reasonable grace period.

 

  1. Minor changes in service

 

Minor or other changes to the service or delivery obligation that are reasonable for customers are considered approved in advance. This applies in particular to deviations caused by the goods. Contract provisions are not binding for the consumer, according to which BODY´S PERFECT GmbH can unilaterally change or deviate from a service to be provided, unless the change or deviation is reasonable for the consumer, especially because it is insignificant and objectively justified, provided that BODY´S PERFECT GmbH cannot prove that such a regulation has been negotiated in detail.

 

  1. Compensation

 

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury. The existence of slight or gross negligence, unless it is a consumer business, has to be proved by the injured party. The provisions contained in these General Terms and Conditions or otherwise agreed on compensation apply even if the compensation claim is made in addition to or instead of a warranty claim.

 

  1. Right of withdrawal of BODY´S PERFECT GmbH / unauthorized withdrawal by the customer

 

For important reasons, such as in the event of payment default by the customer, BODY´S PERFECT GmbH is entitled to withdraw from the contract, provided that it has not yet been fully fulfilled by both sides. If the customer defaults on payment, BODY´S PERFECT GmbH is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to request advance payments or guarantees or to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, BODY´S PERFECT GmbH has the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged, at the choice of BODY´S PERFECT GmbH, to pay a flat-rate compensation amounting to 15% of the gross invoice amount or the damage actually incurred.

 

  1. Data protection

 

BODY´S PERFECT GmbH and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other legal confidentiality obligations. BODY´S PERFECT GmbH processes the necessary personal data for the purpose of fulfilling the contract. Detailed information on data protection law can be found on our homepage at: [Link].

 

  1. Change of address and copyright

 

The customer is obliged to notify BODY´S PERFECT GmbH of changes to his home or business address, as long as the contractual legal transaction is not completely fulfilled by both parties. If the notification is omitted, explanations are also deemed to have been received if they are sent to the last published address. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain the intellectual property of BODY´S PERFECT GmbH; the customer does not receive any kind of rights of use or exploitation.

 

  • Place of performance, contract language, choice of law, place of jurisdiction

 

The place of performance is the headquarters of BODY´S PERFECT GmbH. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer business, the competent court at the headquarters of BODY´S PERFECT GmbH is exclusively responsible locally for the decision of all disputes arising from this contract. Substantive Austrian law is applicable to this contract to the exclusion of the reference norms of international private law (e.g. EVÜ, ROM I-VO) and the UN sales law. This choice of law only applies to a consumer insofar as it does not restrict any mandatory statutory provisions of the state in which he is domiciled or habitually resident.

 

  • Partial Invalidity

 

Should provisions of this contract be legally ineffective, invalid and / or void or become in the course of their duration, this does not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and / or void (legally ineffective, invalid and / or void) provision with one that is legally effective and valid and corresponds - as far as possible and legally permissible – with the economic effect of the replaced provision.

 

  • Final provisions

 

All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party that was last given in writing. If a declaration is sent to the last address given in writing, the respective contractual partner is deemed to have received it. The designation of the headings selected for the individual chapters serves solely for clarity and is therefore not to be used to interpret this contract. The deviation of individual rights and obligations from these terms and conditions are only permitted with the express written consent of the other contracting party.

 

  • Approval in accordance with § 107 TKG

 

The customer agrees to receive messages in line with Section 107 of the Telecommunications Act (TKG) from BODY´S PERFECT GmbH or from companies commissioned by BODY´S PERFECT GmbH for advertising purposes. The customer can revoke this consent at any time at (info@bodysperfect.com).