Terms and Conditions
Terms and Conditions of Business and Delivery
for Consumers (B2C)
Responsible for BODY'S PERFECT.com:
Spundisstrasse 21
CH-7000 Chur
Company Purpose:
Commercial trade with the exception of regulated commercial trade
Industry: Retail of food, mail order
- Validity
Deliveries, services, and offers from BODY'S PERFECT GmbH are exclusively based on these General Terms and Conditions (hereinafter: GTC); BODY'S PERFECT GmbH does not recognize any terms and conditions of the customer that contradict or deviate from these GTC, unless their validity has been expressly agreed to. Actions by BODY'S PERFECT GmbH to fulfill the contract do not constitute consent to contractual terms and conditions that deviate from these GTC.
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Order and Conclusion of Contract
- The presentation of goods in the webshop does not constitute a binding offer from BODY'S PERFECT GmbH to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.
- The order process includes the following steps:
- Selection of the desired goods
- Entering login data for registration in the webshop (first name, last name, street and house number, postcode, city, country, email address); after initial registration, only login with email address and password is required.
- Display of pre-contractual information for consumers in accordance with § 5a KSchG and § 4 FAGG
- Choice of shipping method and payment method (Correct)
- Review of the information in the shopping cart
- Confirmation by clicking the "Order with obligation to pay" button
- Another review and, if necessary, correction of the respective entered data
- Binding submission of the order
- By submitting the order in the webshop, the customer makes a binding offer directed at concluding 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 GTC as solely authoritative 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 constitute acceptance of the contractual offer by BODY'S PERFECT GmbH. It merely serves to inform the customer that the order has been received by BODY'S PERFECT GmbH. The declaration of acceptance of the contractual offer is made by delivering the goods or an explicit declaration of acceptance.
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Right of Withdrawal Information
Right of Withdrawal
You have 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 you or a third party named by you, who is not the carrier, has taken possession of the goods.To exercise your right of withdrawal, you must inform us (BODY'S PERFECT GmbH, Maximilianstraße 5, 620 Innsbruck, Austria, office@bodysperfect.com, Phone: 43512890252, Fax: 4351289025215) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us or to Gebrüder Weiss GmbH - BODY'S PERFECT (Löfflerweg 35, 6060 Hall in Tirol, Austria) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
– To
SWISS HEALTHCARE GROUP GmbH
Spundisstrasse 21
CH-7000 ChurEmail: bestellung@bodysperfect.com– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as appropriate.
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Prices, Payment Method, Shipping and Costs
- The prices of the items are listed on the homepage of the webshop, as well as on the individual item detail pages. All prices quoted by BODY'S PERFECT GmbH, as well as shipping costs, are total prices and also include the statutory VAT.
- The available payment methods are displayed in the online shop. Only the payment methods shown in the online shop are accepted by BODY'S PERFECT, such as:
- Paypal
- Stripe (Credit Card)
- iDeal
- eps
- Banccontact
- Shop-Pay
- G-Pay
- Klarna (Instant Transfer)
- Shipping costs apply unless the item in question is marked as free shipping. Shipping costs are listed separately on offers, in the shopping cart system, and on the order overview.
- Shipping is only available to Germany, Switzerland, and Austria. For all other countries, please contact BODY'S PERFECT GmbH via email.
- Delivery Conditions
BODY'S PERFECT GmbH is only obliged to perform its services when the customer has fulfilled all their obligations necessary for performance. Unless otherwise stated in the order confirmation, BODY'S PERFECT GmbH dispatches the goods within 2 working days after receipt of payment. BODY'S PERFECT GmbH is entitled to exceed agreed deadlines and delivery periods by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period.
- Minor Changes in Performance
Minor or other changes to the service or delivery obligation that are reasonable for customers are deemed to be approved in advance. This applies in particular to deviations caused by the goods. For consumers, contractual provisions according to which BODY'S PERFECT GmbH can unilaterally change or deviate from a service to be provided are not binding, unless the change or deviation is reasonable for the consumer, especially because it is minor and objectively justified, provided that BODY'S PERFECT GmbH cannot prove that such a regulation was negotiated individually.
- Damages
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 must be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed upon also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
- Right of Withdrawal of BODY'S PERFECT GmbH/Unauthorized Withdrawal by the Customer
For important reasons, such as payment default by the customer, BODY'S PERFECT GmbH is entitled to withdraw from the contract, provided it has not yet been fully fulfilled by both parties. In the event of payment default by the customer, BODY'S PERFECT GmbH is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract - without being entitled to do so - 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 discretion of BODY'S PERFECT GmbH, to pay liquidated damages of 15% of the gross invoice amount or the actually incurred damage.
- Data Protection
BODY'S PERFECT GmbH and the customer are obligated to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR), and any other statutory confidentiality obligations. BODY'S PERFECT GmbH processes the personal data required for contract fulfillment. Detailed data protection information can be found on our homepage at: [Link].
- Change of Address and Copyright
The customer is obliged to inform BODY'S PERFECT GmbH of changes to their residential or business address as long as the legal transaction subject to the contract has not been fully fulfilled by both parties. If notification is not made, declarations are deemed to have been received even if they are sent to the last known address. Plans, sketches or other technical documents, as well as samples, catalogues, brochures, illustrations and the like, always remain the intellectual property of BODY'S PERFECT GmbH; the customer does not acquire any rights of use or exploitation whatsoever.
- Place of Performance, Contract Language, Choice of Law, Jurisdiction
The place of performance is the registered office of BODY'S PERFECT GmbH. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of BODY'S PERFECT GmbH shall have exclusive local jurisdiction for all disputes arising from this contract. Austrian substantive law shall apply to this contract, excluding the conflict of laws rules of international private law (e.g., EVÜ, ROM I-VO) and the UN Convention on Contracts for the International Sale of Goods. Towards a consumer, this choice of law applies only insofar as it does not restrict mandatory legal provisions of the state in which they have their domicile or habitual residence.
- Partial Invalidity
Should provisions of this contract be or become legally ineffective, invalid, and/or void, this shall not affect the legal effectiveness and validity of the remaining provisions. In such a case, the contracting parties undertake to replace the legally ineffective, invalid, and/or void (legally ineffective, invalid, and/or void become) provision with a provision that is legally effective and valid and whose economic effect corresponds to the replaced provision – as far as possible and legally permissible.
- Final Provisions
All legally binding declarations based on this contract must be made in writing to the last communicated address of the respective other contracting party. If a declaration is sent to the last communicated address, it shall be deemed to have been received by the respective contracting party. The designation of the headings chosen for the individual chapters serves solely for clarity and is therefore not to be used for the interpretation of this contract. The assignment of individual rights and obligations from these GTC is only permitted with the express written consent of the other contracting party.
- Consent according to § 107 TKG
The customer agrees to receive messages within the meaning of Section 107 of the Telecommunications Act (TKG) for advertising purposes from BODY'S PERFECT GmbH or from companies commissioned by BODY'S PERFECT GmbH for this purpose. This consent can be revoked by the customer at any time at (info@bodysperfect.com).
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.
The competent body is the Universal Arbitration Board of the Federal Government at Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.