Terms and Conditions

General Terms and Conditions
Date: 13 June 2014

Company Bodysphere.de
Proprietor Maik Landgraf, Karl-Marx-Allee 92, 10243 Berlin, Germany

Tel. +49 30 56828718
Email:kundenservice@bodysphere.de

Section 1 Scope of Application

The following general terms and conditions apply exclusively for your orders on our website. The German text is legally binding. The English version is only provided for information purposes.

Section 2 Conclusion of the Contract
You can view all the products in our online shop without any obligation. Once you have found the product you wish, this can be placed into your cart without any obligation by clicking on the product button. You can see the contents of your cart at any time by clicking on the link “Show” in the cart window.

Should you wish to remove items from the cart, click on the red cross next to the respective item. This allows you to change the items and order amounts.

When you are ready to pay, you will be requested to make a customer account. We need the following information from you (first name, surname, address, town, email address). Please click on the special box to confirm that you have read the valid General Terms and Conditions.

If you wish to purchase the items in your cart, simply click on the link “Checkout” in the cart window. You will be asked to enter the country of delivery, the type of delivery, the type of payment, as well as your personal details.

Before your order is complete, you have another chance to look at the details you have entered, which can be changed by clicking on the link “Change” in the corresponding overview window. You can cancel the ordering process at any time, simply by closing the browser window or by clicking on the button ‘Buy’.

When you send your order, it becomes a legally binding offer to purchase the items. After completing the ordering process, you will first receive an automatically generated acknowledgement of receipt for your order. Up until completion of this check, we have the right to refrain from delivering the ordered items, should they not be available.

The purchasing contract will first be concluded for the items you wish to have when we have bindingly confirmed your order. Only upon acceptance of the offer are we obliged to deliver the goods. The purchasing confirmation usually takes place within one week and at the same time as we‘re sending the goods.

After the ordering process has been completed, you can print out a copy of the purchase confirmation or save it in PDF form. This will be sent to your email address. The purchase confirmation, a print-out of your order, is added to your goods and contains information about the items you ordered, the total price and the shipping fees. In addition to this, it also contains the cancellation policy in written form. If you have a customer account, you can view the confirmation whenever you wish.


Section 3 Cancellation Policy

Cancellation Policy for Consumers

A consumer is every natural person who concludes a legal transaction for a purpose which cannot be attributed to commercial or professional activities.

Right of Withdrawal

Cancellation Policy

You have the right to withdraw from this contract within fourteen days without having to give a reason. This period of 14 days begins on the day on which you or your representative, other than the carrier, takes receipt of the good(s).

To exercise your right of withdrawal, you must send

Fa. Bodysphere.de
Proprietor Maik Landgraf, Karl-Marx-Allee 92, 10243 Berlin, Germany
Email: kundenservice@bodysphere.de
Fax: +49 (0)30 56828718

a clear declaration (e.g. a letter sent by post, telefax or email) about your decision to withdraw from this contract. If you wish, you can use the attached standard withdrawal form. You can also electronically complete the sample withdrawal form on our website at www.bodysphere.de and send that. If you take advantage of this possibility, you will receive a confirmation (e.g. by email) without measurable delay that we have received your cancellation.

In order to comply with the time limit set forth in this cancellation policy, you must send your notice of intention to cancel the order within the given period.

Consequences of Cancellation

If you withdraw from this contract, we have to pay you all the money back that we have received, including delivery fees (with the exception of additional costs arising from you having chosen a different type of delivery other than the standard, low-priced delivery that we offer), without measurable delay and within fourteen days after receiving your notification to cancel. Unless something else is explicitly arranged, we will pay you back using the same means with which you paid in the original transaction; you will be charged no costs for this reimbursement.

We can refuse to reimburse until we have received the returned goods or until you have proved that they have been sent back, whichever is earlier.

The goods must be returned to us without measurable delay and within fourteen days at the latest after you have notified us of your cancellation. In order to comply with the time limit set forth here, the goods must be sent to us within fourteen days.

The costs for returning the goods are borne by you. You are only liable for a diminished value of the goods if it can be ascertained that their drop in value has been caused by you having handled the goods in a way other than is necessary to test their quality, characteristics and functionality.

End of the information regarding cancellation

Exclusion of the Right of Withdrawal

The right of cancellation does not apply to contracts

− for the delivery of goods which are not preassembled and require an individual choice or provision of the consumer in order to be manufactured or which are clearly tailored to the consumer’s personal needs,

− for the delivery of quickly perishable goods or whose ‘best before date’ can be quickly exceeded,

− for the delivery of sealed goods, which are not suitable for return due to reasons of hygiene or the protection of health once the seal was removed after delivery,

− for the delivery of goods which due to their nature were inseparably processed with other goods after delivery,

− for the delivery of alcoholic drinks whose prices were agreed upon at the time the contract was concluded, but which can only be delivered at the earliest 30 days following the contract’s conclusion when their current value depends on fluctuations on the market which cannot be influenced by the trader,

− for the delivery of packaged sound or video recordings or computer software if the packaging was removed after delivery,

-for the delivery of newspapers, magazines or pictorials, unless when part of subscription contracts.


Section 4 Delivery

As a general rule, orders and deliveries are possible within the European Union, as well as the USA, Japan, Australia and New Zealand. Should you require delivery to a foreign country not stated above, please get in touch with us. Please report immediately any damage caused during transportation, both to the carrier as well as to us. Delivery time: Germany: 1-3 days, European Union: 3- 6 days, Rest of the World: 1-3 weeks.

Section 5 Prices

The prices listed on this website are gross prices in EUR and include the statutory VAT of 19%, plus shipping costs.
For shipping charges, please refer to the specific section “Information/Delivery and Shipping Costs“ to view the tiered price list.
Please note that the charges for express delivery are not refunded if they exceed the costs of the standard, low-priced delivery that we offer (standard shipping with DHL).

We would also like to point out that sending the goods may result in additional charges. Deliveries forwarded to countries outside of Germany can sometimes include higher taxes (e.g. when delivered outside of the European Community) and/or toll charges (e.g. customs duty) which are to by borne by the customer, not however to us but instead to the respective customs or tax authorities.

Section 6 Due Date, Payment and Right of Ownership

Goods are only delivered after payment. The customer can choose between the following methods of payment:

1) Credit card (the purchase price is charged to the card before the goods are dispatched). There is no minimum price when paying by credit card. The following credit cards are accepted: Visa and Mastercard.

2) Paypal (you must be in possession of a valid Paypal account)

3) Advance payment (the goods are sent as soon as the invoice amount is booked onto our account). The invoice data is sent to the customer per email. Please state the order number on the bank transfer.

Until the goods have been fully paid for, including the receivables arising from the business relationship, they remain the property of Bodysphere.de.

Section 7 Guarantee

Statutory regulations apply to all warranty claims or damages arising from transportation, so please report all damages immediately to us as well as to the carrier or a representative thereof. Omitting to do this however does not bear any legal consequences for your statutory rights.

Section 8 Damages

The vendor is liable for any damages caused by breach of contract only according to statutory provisions.
Compensation for damages due to a breach of contract is only in accordance with statutory provisions.

Section 9 Links and Third Party Content

As far as a link to other websites provide additional information, please note that we do not check their content. We have no influence on the content of pages of other providers, neither if they comply with all legal regulations. We explicitly distance ourselves from all content displayed on any of the linked pages and do not automatically approve of their content. Upon notification, we will check the links and possibly remove them as a result.

Section 10 Applicable Law, Court of Jurisdiction

German law applies, excluding the UN sales law. The mandatory application of foreign consumer protection law on orders placed in foreign countries shall remain unaffected so that foreign buyer’s right to prosecute is sufficiently supplied.
Any court not responsible for the first instance becomes responsible by explicit or tacit agreement when the contractual parties are businessmen, legal entities of public law or funds under public law.
The jurisdiction of a court in the first instance can also be agreed upon if at least one of the contractual parties has no general jurisdiction in Germany. The agreement must be made in made in writing or, in case it was made orally, be confirmed in writing. If one of the parties has no general jurisdiction in Germany, a court can only be chosen here when this party can provide a reason for a particular court
Otherwise an agreement on the court of jurisdiction is only valid when it is made in writing and explicitly concludes that
1. after the beginning of the dispute or
2. the place of residence or usual address for the party subject to the claim has been moved to a domicile outside of Germany following the conclusion of the contract or is unknown at the time the file is charged.

Section 11 Use and Sharing of Data

In all procedures when processing data (e.g. collecting, storing and transmitting), we observe statutory regulations. Data required for business transactions are saved electronically and passed on to the company responsible for delivering the goods upon completing the order. Within the limits of statutory provisions and taking into account your valid interest in your details not being forwarded or used, we can pass on as well as request the details of your address and financial status to the SCHUFA 65203 Wiesbaden, Germany.
Address and order information is only collected and processed for marketing purposes. For third party marketing purposes, only such data is passed on and in such a form as permitted by law (according to section 28 Abs. 3 Nr. 3 a.F. und section 47 Nr. 2 n.F. of the German Federal Law on Data Protection as well as section 28 paragraph 3 pg 2 and S.4 nF German Federal Law on Data Protection).

According to section 28 para. 4 n.F. of the German Federal Law on Data Protection, you can object to your data being shared at any time by notifying us in writing. Please send your objection to the following address:


Firma Bodysphere
Maik Landgraf
Karl-Marx-Allee 92
10243 Berlin
Germany

Email: kundenservice@bodysphere.de
Fax: +49 30 56828719

Right to Information

In accordance with section 34 n.F. of the German Federal Law on Data Protection, you have the right to correct, block or delete the data saved on you free of charge.

E-Mail Advertising in Form of a Newsletter

I f you have registered to receive the newsletter by e-mail, your address will be used for advertising purposes until you deregister from the newsletter. This can be done at any time. In order to deregister, send an e-mail to the following address:

kundenservice@bodysphere.de

Note on Social Plug-ins:

Our internet presence uses the social plug-ins (“Plug-in”) of various social networks. These plug-ins allow you, for example, to share content or recommend products. The plug-ins on bodysphere.de are deactivated and therefore do not send any data.

When these plug-ins are activated, your browser makes a direct connection with the servers of the respective network as soon you open a webpage on our internet presence. The contents of the plug-in are transmitted directly from the social network to your browser, where it is integrated into the website. Of course, the plug-in can be deactivated by only clicking with your mouse.

By integrating the plug-ins, the social network receives the information that you have opened the respective page of its internet presence. If you are logged onto the social network, this can assign your visit to your network account. If you interact with the plug-in, for example by clicking on the Facebook button “Like” or by leaving a comment, this information is sent directly to the social network by the browser, where is stored.

Please refer to the notes on data protection on the respecting networks or websites for questions regarding the reason and scope of this data acquisition, its further processing and usage of the data by social networks, as well as your rights and setting availabilities in order to protect your private sphere. Links for this can be found below.

If you don’t want social networks to gather any data on you from our internet presence, then please log out of these networks before visiting our internet presence.

Even when you’re not logged on to any social media platforms, websites with active social plug-in can send data to these networks. With active social plug-ins, every visit to a website leaves a cookie with an identifier. As your browser sends this identification without asking every time you log onto a network-server, the network is generally able to make a profile about which websites have been visited by the user with this identification. And it cannot then be ruled out that his identification is again assigned to a person at a later date when logging on to social network

If you don’t want social networks to gather any data on you by using the active plug-in, then you can either deactivate the social plug-in simply by clicking on our website, or select the field „Block cookies from third parties”. The browser then sends no cookies to the server with embedded content. Note, that in certain circumstances, this setting can hinder other functions across other websites as well as the plug-in.


Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files saved on your computer, to allow the website to analyse how it is used. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

If anonymisation has been activated on this website, your IP address will previously be shortened by Google within the member states of the EU or in other states party to the agreement on the European economic area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use the information on the behalf of this website’s operators in order to evaluate the website’s usage, to compile reports on the website’s activities and to provide other services relating to the operators of this website.
Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, but please note that if you do this you may not be able to use all the functions of this website. Furthermore, you can hinder the acquisition of the data generated by the cookie about your use associated to this website (including your IP address) to Google by downloading and installing the following link to a plug-in for your browser (http://tools.google.com/dlpage/gaoptout?hl=de)
Click on the following link to hinder the acquisition of date by Google Analytics. It will place an Opt-Out-Cookie onto your computer that will stop any data being generated by visiting this website:
Deactivate Google Analytics

For more information on the conditions of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. Note that Google Analytics on this website has been expanded by the code gat._anonymizeIp(); “ to guarantee the IP address can be compiled anonymously (IP masking).
19,75€ incl. Tax excl. Shipping

 

Information
*All prices incl. Tax excl. Shipping