§ 1 GENERAL, SCOPE
1. These general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between BS Boutique Gym Solutions GmbH (hereinafter referred to as “provider”) and their customer in the version applicable at the time the contract was concluded.
2. Deviating general terms and conditions of the customer will not be accepted.
3. Both consumers and entrepreneurs count as customers according to §1 (1). A consumer is any natural person for whom the purpose of the order cannot be assigned to a commercial, independent or freelance activity. In contrast, an entrepreneur is a natural or legal person or a legal partnership that orders for commercial, independent or freelance purposes.
§ 2 ORDER AND CONCLUSION OF THE CONTRACT
1. The presentation of the goods in the Internet shop does not constitute a binding offer on the part of the provider to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.
2. If one or more products are selected, they are added to the shopping cart. These products can be viewed in the shopping cart. By pressing you will be asked to enter the information relevant to the shipping and to select a payment method. Before completing the order, you will be shown all the information relevant to the order. By pressing the purchase button, the order process is ended and the order is sent.
3. By submitting the order in the 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 also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
4. The provider 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 the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made through the delivery of the goods or a declaration of acceptance.
5. Deviating from §2 (4), the order confirmation also represents the acceptance of the contract offer when purchasing in advance.
§ 3 PRICES
1. For orders, the prices listed for the products at the time of the order apply. All prices mentioned include German VAT and are exclusive of shipping costs. Additional costs will be charged separately.
§ 4 DELIVERY CONDITIONS
1. In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.
2. We only deliver by shipping. Unfortunately, a self collection of the product is not possible.
§ 5 PAYMENT TERMS
1. We offer credit cards (Visa, Mastercard), direct debit, PayPal and Sofortüberweisung as payment methods. We reserve the right to exclude certain payment methods.
§ 6 retention of title
1. The goods remain the property of the provider until full payment has been made.
§ 7 Maturity
1. Payment of the purchase price is due upon conclusion of the contract.
§ 8 DISCLAIMER
1. Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer also applies in favor of the legal representative and vicarious agent of the provider if the customer asserts claims against them.
2. Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The provider must hand over the item to the customer free of material and legal defects and provide ownership of it. Liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the exclusion of liability.
§ 9 CANCELLATION INSTRUCTIONS
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days:
1. In the case of a purchase contract from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
2. In the case of a contract for several goods that were ordered as part of a single order and that are delivered separately from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods or . Has.
3. In the case of a contract for the regular delivery of goods over a specified period from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.
In order to exercise your right of cancellation, you have to give us (BS Boutique Gym Solutions GmbH, Karl-Weinmair-Str. 5, 80807 Munich, info [at] beaunutrition.com) a clear statement (e.g. a letter sent by post or email ) about your decision to cancel this contract. You can use the attached model withdrawal form for this.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
The right of cancellation does not exist for the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
§ 10 WITHDRAWAL FORM
If you want to cancel the contract, please fill out this form and send it back.
BS Boutique Gym Solutions GmbH
I / we (*) hereby revoke 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):
– Order number:
– Address of the consumer (s):
– Signature of the consumer (s)
(only for notification on paper):
(*) Delete where inapplicable.
§ 11 LEGAL LIABILITY
1. The statutory liability for defects applies to all of our products.
Important note: Please consult your doctor if you have any known intolerances. The same applies to possible interactions with other products you are taking at the same time.
§ 12 CHOICE OF LAW & JURISDICTION
1. The law of the Federal Republic of Germany applies to the contractual relationship between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer is habitually resident are excluded from this choice of law. The application of the UN sales law is excluded.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 13 DATA PROTECTION
1. The regulations of our data protection declaration apply to data protection.
§ 14 extrajudicial online dispute settlement
1. The European Commission provides a platform for out-of-court online dispute resolution (OS), which you can find under the link to the platform of the European Commission. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 15 SEVERABILITY CLAUSE
1. Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
BS Boutique Gym Solutions GmbH
info [at] beaunutrition.com
Managing Directors: Christian Blessing, Lena Krieger
Commercial register: Munich District Court, HRB 228729
VAT ID: DE309206598
As of November 2017
You can find the provisions of the German Civil Code (BGB) in these General Terms and Conditions at http://bundesrecht.juris.de/volltextsuche.html