General terms and conditions of sale

Scope of application

Diese Geschäftsbedingungen gelten für alle Käufe bei BodyResonance [Link auf „Impressum”], die von Privatkunden getätigt werden.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Business customers are requested to place orders on the order pages accessible via the business customer login [link to business customer login].

Prices and shipping costs

Die ausgezeichneten Preise sind Endpreise inkl. Umsatzsteuer. Es gilt der Betrag, der jeweils zum Zeitpunkt der verbindlichen Bestellung ausgewiesen ist. Hinzu kommen Versandkosten, die von der Versandart und der Größe und dem Gewicht der von Ihnen bestellten Ware(n) abhängig sind. Über die Einzelheiten können Sie sich unter [Link auf „Versandkosten”] informieren. Die regelmäßigen Kosten der Rücksendung, die im Falle einer Rückgabe der Ware durch Sie in Ausübung Ihres Widerrufsrechts [Link auf „Widerrufsrecht”] entstehen, tragen wir. Bei Ausübung Ihres Widerrufsrechts erstatten wir Ihnen auch die Versandkosten zurück.

Payment

Payment is made upon delivery by

            - credit card

            - direct debit

            - installment purchase

            - Invoice

            – PayPal

Default of payment

If you are in default of payment, BodyResonance shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In case BodyResonance has demonstrably incurred a higher damage caused by default, BodyResonance shall be entitled to assert such damage.

Right of retention

The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            - Germany

            - Europe

            - worldwide
(2) If force majeure (natural catastrophes, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of BodyResonance is excluded. Already paid amounts will be refunded by BodyResonance immediately.

(3) BodyResonance shall also be entitled to refuse performance insofar as this requires an effort which, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in the performance of the purchase contract. Amounts already paid shall be refunded by BodyResonance without delay.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agency. BodyResonance explicitly points out that these goods will not be carried into the house. 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.

Retention of title

Until all claims against the customer arising from the purchase contract have been settled in full, the delivered goods remain the property of BodyResonance. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect Rights

1) A product that is already defective upon delivery (warranty case) shall be replaced by a defect-free product or repaired professionally (supplementary performance) at the customer's option and at BodyResonance's expense. The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,

b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) BodyResonance further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim shall be limited to the respective other type of supplementary performance. The right of BodyResonance to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected. 

(4) Both in the case of repair and in the case of replacement, the customer shall be obligated to send the product at BodyResonance's expense to the return address provided by BodyResonance, stating the order number. Prior to sending in the product, the customer shall remove any items inserted by him/her from the product. BodyResonance is not obligated to inspect the product for the insertion of such items. BodyResonance shall not be liable for the loss of such items unless it was readily apparent to BodyResonance at the time the Product was returned that such item had been inserted into the Product (in which case BodyResonance shall notify Customer and hold the item for Customer to pick up; Customer shall bear the costs incurred in doing so). The customer shall also, before sending a product for repair or replacement, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords. 

(4) Both in the case of repair and in the case of replacement, the customer shall be obligated to send the product at BodyResonance's expense to the return address provided by BodyResonance, stating the order number. Prior to sending in the product, the customer shall remove any items inserted by him/her from the product. BodyResonance is not obligated to inspect the product for the insertion of such items. BodyResonance shall not be liable for the loss of such items unless it was readily apparent to BodyResonance at the time the Product was returned that such item had been inserted into the Product (in which case BodyResonance shall notify Customer and hold the item for Customer to pick up; Customer shall bear the costs incurred in doing so). The customer shall also, before sending a product for repair or replacement, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,

c) if the deterioration or loss has occurred at the customer's premises although the customer has exercised the care he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time. 

(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which shall be governed by the corresponding warranty conditions. 

(9) The legal warranty of BodyResonance ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In case of slight negligence BodyResonance shall only be liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation shall not apply in case of injury to life, body and health. BodyResonance shall not be liable for any other damage caused by slight negligence due to a defect of the object of purchase.

(2) Irrespective of any fault on the part of BodyResonance, any liability on the part of BodyResonance in case of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by BodyResonance.

(3) BodyResonance shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.

4) Personal liability of legal representatives, vicarious agents and employees of BodyResonance for damages caused by them due to slight negligence is excluded.

Applicable Law

The contract concluded between you and BodyResonance shall be governed exclusively by the laws of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.