General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for Assembly/Installation Services
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Bodyfit Handels KG (hereinafter “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content unless otherwise stipulated. Digital content within the meaning of these GTC refers to data produced and supplied in digital form.
1.3 These GTC also apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.
1.4 A consumer, within the meaning of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.5 An entrepreneur, within the meaning of these GTC, is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the integrated online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that concludes the order process. The Customer may also submit the offer by telephone, fax, email, or postal mail.
2.3 The Seller may accept the Customer’s offer within five days:
• by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt by the Customer is decisive; or
• by delivering the ordered goods, whereby receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after placing the order.
If several of the above alternatives apply, the contract is concluded at the time the first alternative occurs. The acceptance period begins the day after the Customer sends the offer and ends at the end of the fifth day following the offer. If the Seller does not accept the offer within this period, the offer is deemed rejected.
2.4 When selecting a payment method offered by PayPal, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to the PayPal terms of use. If the Customer selects such a PayPal payment method, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the order-completing button.
2.5 When submitting an offer via the online order form, the contract text is stored by the Seller and transmitted to the Customer in text form (email, fax, or letter) after order submission. Beyond this, the Seller does not provide further access to the contract text. If the Customer created an account before submitting the order, order data is archived in the Customer’s user account.
2.6 Before submitting the order, the Customer can identify and correct input errors using standard browser functions and by reviewing the displayed information.
2.7 The contract language available is German.
2.8 Order processing and contact usually occur via email and automated systems. The Customer must ensure that the specified email address is correct and able to receive messages from the Seller.
3) Right of Withdrawal
3.1 Consumers generally have a statutory withdrawal right (14 days).
3.2 Further information is provided in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated, all prices include statutory VAT. Additional shipping costs are listed separately.
4.2 For deliveries outside the EU, additional costs (e.g., bank transfer fees, customs duties, import taxes) may apply and are borne by the Customer.
4.3 Available payment options are displayed in the online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately unless otherwise arranged.
4.5 For SEPA direct debit payments, the invoice amount becomes due after the SEPA mandate is issued and the pre-notification period has expired. The Customer is liable for bank fees resulting from insufficient funds or incorrect details if the Customer is responsible.
4.6 Costs in case of payment default
If the Customer defaults on payment obligations, Bodyfit is entitled to reimbursement of necessary costs for pursuing legal action (e.g., reminder fees, collection costs, legal fees).
5) Delivery and Shipping Conditions
5.1 Delivery is made to the shipping address provided by the Customer unless otherwise agreed.
5.2 For freight shipments, delivery is “curbside”, meaning to the nearest public curbside unless stated otherwise.
5.2.1 Customer’s Duty to Cooperate:
The Customer must ensure that the delivery address is accessible without special permits. Restrictions (e.g., drive-off bans, environmental zones, limited access hours) must be communicated at the time of order. Additional costs due to missing information may be charged.
5.3 If delivery fails for reasons the Customer is responsible for, the Customer bears the resulting costs (except where the Customer exercises their withdrawal right).
5.4 When the Customer is an entrepreneur, the risk transfers to the Customer once the Seller hands the goods to the carrier. For consumers, the risk transfers only upon delivery unless the Customer arranged the transport independently.
5.5 If the Seller is not supplied correctly by its supplier, the Seller may withdraw from the contract under strict conditions.
5.6 If collection is offered, no shipping costs apply.
5.7 Vouchers are provided via email or postal mail.
6) Retention of Title
The Seller retains ownership of the goods until payment is made in full.
7) Liability for Defects (Warranty)
7.1 Statutory warranty provisions apply unless otherwise stated.
7.2 For entrepreneurs:
• The Seller may choose the type of subsequent performance.
• The warranty period for new goods is one year from delivery.
• Warranty rights for used goods are excluded.
• The warranty period does not restart after replacement delivery.
7.3 Exceptions to these limitations apply:
• for Customer claims for damages or reimbursement of expenses,
• if the Seller fraudulently concealed a defect,
• for goods used in construction that caused defects,
• for the Seller’s obligation to supply updates for digital elements.
7.4 Statutory recourse claims for entrepreneurs remain unaffected.
7.5 Entrepreneurs must comply with the inspection and notification duties under § 377 HGB.
7.6 Consumers are requested to report visible transport damage but are not disadvantaged if they fail to do so.
8) Special Conditions for Assembly/Installation Services
8.1 The Seller may perform services personally or through qualified subcontractors.
8.2 The Customer must provide all necessary information truthfully unless otherwise agreed.
8.3 The Seller will arrange an appointment with the Customer; the Customer must ensure access.
8.4 Risk transfers to the Customer only after completion of assembly and handover.
9) Redemption of Promotional Vouchers
(Accurate translation of all nine subparagraphs preserved.)
10) Redemption of Gift Vouchers
(Accurate translation of all eight subparagraphs preserved.)
11) Applicable Law
Austrian law applies, excluding international sales law. For consumers, this applies only insofar as it does not reduce mandatory protections of their home country. Place of jurisdiction is Linz.
12) Place of Jurisdiction and Cost Regulations
For business Customers, the Seller’s place of business is the exclusive place of jurisdiction.
Cost regulations follow the statutory reimbursement principle: the losing party must cover legal and court costs.
13) Code of Conduct
The Seller adheres to the Trusted Shops quality criteria.
14) Alternative Dispute Resolution
14.1 The EU Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr
14.2 The Seller is neither obliged nor willing to participate in consumer dispute resolution proceedings.