Terms and Conditions

General Terms and Conditions with Customer Information

1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope 1.1. The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between Body&Soul Inh. Emma Kempf, Theresienstr.1a, 97421 Schweinfurt (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).

1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.

2. Offers and service descriptions 2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of a representation or guarantee.

2.2 All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

3. Ordering process and conclusion of contract 3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the ordering process within the shopping cart using the [continue to checkout] button.

3.2. By clicking on the [order with payment] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a payment request from the seller to the customer and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.

3.4 In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation shall be seven days instead of two.

3.5. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.

4. Prices and shipping costs 4.1. All prices stated on the seller's website include the applicable statutory sales tax.

4.2. In addition to the stated prices, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods 5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the delivery dates and deadlines specified are not fixed dates, unless otherwise agreed and agreed.

5.6 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable deadline set by him or after mutual consultation with the seller.

6. Payment methods 6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.

6.4. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5 The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title The delivered goods remain the property of the seller until full payment has been made. The following also applies to customers who are entrepreneurs: The seller retains title to the goods until all claims from an ongoing business relationship have been settled in full. The buyer is obliged to treat the purchased item with care as long as title has not yet been transferred to him. In particular, he is obliged to insure it at his own expense against theft, fire and water damage to the new value, if appropriate or customary in the industry. If maintenance and inspection work must be carried out, the buyer must carry this out in a timely manner at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created through processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. Access by third parties to the goods owned or co-owned by the seller must be reported by the customer immediately. The customer shall bear the costs of a third-party objection action or costs for an out-of-court release resulting from such interventions. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns in full to the seller as security any claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (or more than 50% if there is a risk of realisation). The selection of the securities to be released is the responsibility of the seller. Upon settlement of all of the seller's claims from delivery transactions, ownership of the reserved goods and the assigned claims are transferred to the buyer. The selection of the securities to be released is the responsibility of the seller.

8. Warranty for material defects and guarantee 8.1. The warranty (liability for defects) is determined according to statutory provisions, subject to the following regulations.

8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.

8.3 If the customer is an entrepreneur, he must inspect the goods without delay, without prejudice to statutory obligations to give notice of defects, and report any identifiable defects to the supplier in writing without delay, at the latest within two weeks of delivery, and any non-identifiable defects without delay, at the latest within two weeks of discovery. Customary, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern and color are not defects.

8.4 If the Customer is an entrepreneur, the Seller shall choose between repairing or replacing defective goods.

8.5 Without prejudice to the liability provisions of these General Terms and Conditions, material defects generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty for customers who are entrepreneurs is excluded.

8.6 If the customer, who is an entrepreneur, has installed the defective item in accordance with Section 439 Paragraph 3 of the German Civil Code (BGB) in accordance with its type and intended use or has attached it to another item, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of the subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of a recourse by the customer within the supply chain (i.e. between the customer and its customers).

9. Liability 9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.

9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text 10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than when the goods are delivered, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.

10.3 Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source.

11. Final provisions 11.1. If the buyer is an entrepreneur, the place of performance is the seller's registered office, subject to other agreements or mandatory legal provisions, while the place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.

11.2 In the case of entrepreneurs, the law of the [Federal Republic of Germany / Republic of Austria] shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.

11.3 The contract language is German.

11.4. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.