General Business Conditions

General Business Conditions and User Information

1) Area of application

1.1 These General Business Conditions of the company Body Attack (hereinafter “vendor”) shall apply to all the sales and deliveries made and services provided by the vendor to the customer through the website “www.body-attack.de”. Unless agreed otherwise, the customers’ conditions will be hereby not taken into account.

1.2 Customers as mentioned under point 1.1 include consumers as well as entrepreneurs, whereby a consumer is every natural entity that undertakes a legal transaction for a specific purpose, which can neither be attributed to its commercial nor independent professional activity. On the other hand, an entrepreneur is every natural or legal entity or a partnership with legal capacity that undertakes a legal transaction as a part of its professional or commercial activity.

2) Conclusion of contract

2.1 On the basis of the products displayed in the online shop of the vendor, the customer can submit a legally binding purchase offer.

2.2 The customer can submit the bid in writing, by fax, by e-mail or by filling up the online order form available in the online shop of the vendor. While purchasing products via the online purchase form, the customer must first fill in his personal data and click the “Finalize order” button, after which he can submit a legally binding contract offer in the subsequent step of the ordering process for the goods in the goods basket. Before the submission of the purchase order (which is mandatory), you can check and correct all the entries at all times via the customary keyboard and mouse function. In addition to this, all the entries are once again displayed in a confirmation window before the mandatory submission of the purchase order; here too, the entries can be corrected via the customary keyboard and mouse function.

2.3 The vendor must confirm the receipt of the bid sent by the customer immediately through electronic means (fax or e-mail). A sales contract shall come into effect only following a written order confirmation from the vendor, however not later than the unconditional acceptance of the goods by the customer. The vendor can refuse the acceptance of the order if, after checking the credit rating of the customer, he finds the same unsatisfactory.

2.4 If the order is placed via electronic means, the vendor will save the contract text (comprising the purchase order data and the AGB – General Business Conditions) and send it to the customer by e-mail after the conclusion of the contract.

2.5 The purchase transaction and the contacting take place automatically and via e-mail. The customer must ensure that the e-mail address provided by him for the purchase transaction is correct, so that he can receive the e-mails sent by the vendor. Particularly if the customer uses SPAM filters, he must ensure that the mails sent by the vendor or his service providers in the purchase transaction can be received by him.

3) Prices and payment terms

3.1 The prices indicated by the vendor are final prices, i.e. they include all the price components including the legally applicable German VAT, which should be indicated separately. The price components also include the packaging and dispatch costs; this is separately mentioned in the offer for the respective displayed product. All other price components are applicable in individual cases for cross-border deliveries, e.g. other taxes (for an intra-community purchase) and/or taxes in the form of duties.

3.2 For deliveries within the country, the payment should be made in advance or at the time of delivery in cash or by credit card (Visa or Mastercard). For deliveries outside the country, the payment should be made in advance or by credit card.

3.3 Exempt payments can be made directly to the bank account specified by vendor or in cash to the parcel service at the time of delivery.

3.4 The customer can offset the payment against a counterclaim only if it is undisputed, legally ascertained or recognised by the vendor.

3.5 The customer can exercise a right of retention only if there are receivables arising out of the same contractual relationship.

4) Delivery and dispatch conditions, transfer of risk

4.1 The goods are regularly delivered on the dispatch routes to the delivery address given by the customer. While processing the transaction, the delivery address specified in the purchase transaction of the vendor shall be exclusively applicable.

4.2 Principally, the transfer of risk of accidental destruction and accidental degradation of the sold goods to the customer or a person / an entity authorised to take the delivery takes place with the transfer of goods to this person. If the customer is an entrepreneur (i.e. he makes this purchase as part of his commercial or independent activity; § 14 BGB), the risk of accidental destruction and accidental degradation arising from the obligation of dispatching the goods as per the contract  shall be transferred to the appropriate transportation agency with the delivery of the goods.

4.3 Subject to correct and on-time delivery by our own supplier, all the agreed delivery schedules shall apply while dealing with an entrepreneur in situations, in which the vendor has concluded a concrete hedging transaction and is not responsible the lack of availability of the goods.

5) Retention of title

The goods delivered by the vendor shall remain the property of the vendor till the complete payment has been made by the customer.

6) Liability for defects

The legal directives shall be applicable if any defects are detected in the object of sale. Deviating there from, the following shall apply:

6.1 For entrepreneurs

· An insignificant defect shall principally not form a ground for raising any claims for defects.

· The vendor will decide for the type of supplementary service to be provided,

· For new goods, the statutory period of limitation for defects is one year since the transfer of risk.

· For used goods, the rights and claims arising from defects are principally not considered valid.

· The statutory period of limitation does not start again if a compensation delivery is made within the scope of assumption of the liability for defects.

6.2 For consumers, the statutory period of limitation for the liability for defects is:

· for new goods, two years starting from the delivery to the customer.

· for used goods, one year starting from the delivery to the customer.

6.3 For entrepreneurs, the legally applicable statutory period of limitation for the recourse claim as per § 478 BGB shall remain unaffected; the same shall apply for entrepreneurs and consumers in the event of deliberate violation of obligations and concealment of a defect with fraudulent intentions.

6.4 For entrepreneurs and consumers, the aforementioned liability limitations defined under 6.1. and 6.2. shall not be applicable to the damage compensation and expenses reimbursement claims raised by the purchaser for defective goods as per the legal directives. Point 7 shall apply to these claims.

6.5 If the customer is a businessman as per § 1 HGB, the commercial inspection obligation and obligation to give notice of defects as per § 377 HGB shall be applicable to him. If the customer neglects the obligation to give notice governed hereunder, the goods shall be treated as accepted.

6.6 If the customer is a consumer, he must lodge a complaint about the delivered goods with obvious transport damages with the delivery person and inform the vendor of the same. If he fails to do so, this shall nevertheless not affect his legal and contractual right to claim compensation for defects.

6.7 If the supplementary service is provided as part of the compensation delivery, the customer shall send back the goods delivered before at his own cost within 30 days to the vendor. The defective goods must be sent back in conformance with the legal directives. If, as a part of the supplementary service, the vendor delivers goods that are free from defects, he can exercise a claim for the compensation of use against the customer in conformance with § 346 section 1 BGB. Other legal claims shall remain unaffected.

6.8 There is no provision for a cession of the liability claims raised by the customer.

7) Liability

7.1 The vendor shall assume the unlimited liability arising from every legal ground in the event of injury to life or health or physical injuries, in the event of deliberate act or gross negligence or fraudulent intent and the liability arising from guarantee promises, if the liability is defined under the binding legal directives, e.g. the Product Liability Act.

7.2 For the rest, the vendor shall assume liability in the following manner, irrespective of any legal grounds whatsoever: If the vendor violates an important contractual obligation due to negligence (the so-called cardinal obligation), the liability to pay compensation for material damages is restricted to the typical predictable average damages.

7.3 If the vendor violates an insignificant contractual obligation due to negligence, the liability to pay compensation is restricted to the order value.

8) Information on the Battery Directive

8.1 As prescribed by the legislative body, the customer must hand over his old batteries at a communal place of collection or at a local commercial settlement  (disposal of these batteries in the household waste will be considered as a violation of the Battery Directive). The handover of batteries at the place of collection is free of cost, except for starter batteries (see point 8.3). After the use, the customer can return (to the vendor) the batteries he has received from the vendor, free of cost. According to the Dangerous Goods Regulation, the dispatch of used starter batteries is not allowed (see point 8.3).

8.2 Batteries that contain hazardous harmful substances must bear the symbol of a dustbin with a cross on it. The chemical sign of the harmful substance must be marked below this symbol – for example “Cd” for cadmium. “Pb” is for lead and “Hg” for mercury.

9) Note on the Packaging Ordinance

9.1 According to the Packaging Ordinance, it is mandatory for the vendor to take back the packaging of his products that do not bear the symbol of a system of nationwide disposal (for example the “Grüner Punkt” of the Duales System Deutschland AG) and to recycle or dispose them.

9.2 For further clarification of the return process, the customer should get in touch with the vendor. The vendor shall then inform the customer of a communal place of collection or waste management company in his vicinity, which accepts packaging free of cost. If this is not possible, the customer can send the packing to the vendor free of cost. The vendor then recycles the packaging or disposes them in conformance with the Packaging Ordinance.

10) Applicable law

10.1 All the legal relationships between the parties shall be governed by the German Law, with the exclusion of the laws on international purchase of movable goods.

10.2 If the customer is a businessman, a legal entity under the Public Law or a special fund under the Public Law, all disputes arising from this contract shall be exclusively settled in the court of jurisdiction at the business headquarters of the vendor. The same shall apply if the customer does not have a general court of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time of commencement of the proceedings. The authority to call upon a court at another legal domicile shall remain unaffected.

10.3 The language o the contract is German.