General Terms & Conditions

1. Scope
2. Contract
3. Withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Granting of rights of use for license keys
8. Contract duration and termination of subscription contracts
9. Ownership
10. Liability for defects (warranty)
11. Liability
12. Special conditions for the processing of goods according to certain specifications of the customer
13. Special conditions for assembly/installation services
14. Special conditions for repair service
15. Redemption of promotional products
16. Redemption of gift vouchers
17. Applicable law
18. Venue
19. Alternative Dispute Resolution

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company IQBody GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These terms and conditions shall apply accordingly to contracts for the delivery of goods displayed in the seller’s print catalogue, unless expressly stipulated otherwise.

1.3 These terms and conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly stipulated otherwise.

1.4 These terms and conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.5 These terms and conditions shall apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events described in more detail in the seller’s item description and not the implementation of these events. The implementation of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organizer as well as any deviating terms and conditions of the organizer. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.6 These terms and conditions shall apply accordingly to contracts for the delivery of license keys, unless expressly agreed otherwise. In doing so, the seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or the content. The quality of the software or content is determined by the respective product description in the seller’s online shop.

1.7 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.8 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these terms and conditions.

1.9 Depending on the seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period at the contractually owed time intervals.

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.

2.3 In the case of orders for goods displayed in the seller’s print catalogue, the customer may submit his offer to the seller by telephone, fax, e-mail or post. For this purpose, the customer can fill out the order form attached to the seller’s print catalog and send it back to the seller.

2.4 The Seller may accept the Customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.5 When submitting an offer via the seller’s online order form, the text of the contract will be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these terms and conditions. However, the text of the contract can no longer be accessed by the customer via the seller’s website after the order has been sent.

2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the seller’s revocation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

3.4 Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), unless otherwise agreed, a right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of revocation is also excluded in the case of contracts that have as their object the sale of tickets for scheduled leisure events.

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that do not include the statutory value added tax for entrepreneurs and include the statutory sales tax for consumers. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer upon request by e-mail, fax, telephone or letter.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 In the event of payment by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.

4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the deadline for prior information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.8 In the case of subscription contracts, the purchase price for the goods to be delivered permanently is due for payment in advance for the agreed delivery interval. The respective payment options for the subscription will be communicated to the customer in the seller’s online shop. If the SEPA direct debit payment method is selected and a corresponding SEPA direct debit mandate is issued, amounts due will be collected from the customer’s bank account at the beginning of the new delivery interval. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the direct debit payment method and to reject this payment method in the event of a negative credit check.

5.1 Goods shall be delivered by dispatch to the delivery address specified by the customer, unless otherwise agreed.

5.2 In the case of subscription contracts, the customer must inform the seller immediately of any changes to the delivery address.

5.3 In the case of goods delivered by a forwarding agent, delivery shall be made “free curbside”, i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.

5.4 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instruction shall apply to the return costs.

5.5 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller commissions the seller to carry out the shipment customers have not previously named this person or institution.

5.6 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.7 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer can pick up the goods at the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.

5.8 Digital content is provided to the customer exclusively in electronic form as follows:

• via download
• by e-mail

5.9 Vouchers are provided to the customer as follows:

• by e-mail
• by fax
• postal

5.10 Tickets are provided to the customer as follows:

• by e-mail
• by fax
• postal

5.11 License keys are provided to the customer as follows:

• by e-mail
• postal

6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive right to use the content provided for private and business purposes, unlimited in terms of time and place.

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.

7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described therein.

7.2 The granting of rights shall only become effective when the customer has paid the remuneration owed in full.

8.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the seller’s online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and at any time after the minimum term has expired with a notice period of 14 days.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

8.3 Notices of termination must be made in writing or in text form (e.g. by e-mail).

9.1 With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

9.2 The Seller shall retain title to the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

9.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following applies:

10.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
• in the case of used goods, rights and claims due to defects are generally excluded;
• the limitation period shall not commence again if a replacement delivery is made within the scope of liability for defects.

10.2 If the customer acts as a consumer, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.

10.3 The limitations of liability and shortening of the limitation period set out in the preceding paragraphs shall not apply

• for items that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

10.4 In addition, the statutory limitation periods for the right of recourse pursuant to § 478 BGB remain unaffected for entrepreneurs.

10.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

10.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

11.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise stipulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

11.2 If the Seller negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

11.3 In all other respects, liability on the part of the seller is excluded.

11.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

12.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he shall ensure that no rights of third parties are infringed as a result, in particular copyrights, trademark rights and personal rights.

12.2 The Customer shall indemnify the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and lawyer’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.

12.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

If, according to the content of the contract, the seller owes not only the delivery of the goods but also the assembly or installation of the goods at the customer’s premises and, if necessary, corresponding preparatory measures (e.g. measurement), the following applies:

13.1 The Seller shall provide its services at its discretion in its own person or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to the selection of a specific person to perform the desired service.

13.2 The Customer shall provide the Seller with the information required for the provision of the service owed in a complete and truthful manner, provided that its procurement does not fall within the Seller’s scope of obligations according to the content of the contract.

13.3 After the conclusion of the contract, the seller will contact the customer in order to arrange an appointment with the customer for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer’s facilities on the agreed date.

If, according to the content of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:

14.1 Repair services shall be provided at the Seller’s registered office.

14.2 The Seller shall provide its services at its discretion in its own person or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to the selection of a specific person to perform the desired service.

14.3 The Customer shall provide the Seller with all information necessary for the repair of the item, provided that its procurement does not fall within the Seller’s scope of obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances that may be the cause of the defect found.

14.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.

14.5 The return of the item is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the request of the customer, the seller will take out transport insurance for the item.

14.6 The customer may also take the item to be repaired to the seller’s registered office and collect it again from the seller if this results from the seller’s service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the assumption of costs and risk for shipping and returning the item shall apply accordingly.

14.7 The aforementioned regulations do not limit the statutory warranty rights of the customer in the event of the purchase of goods from the seller.

14.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.

15.1 Vouchers that are issued free of charge by the Seller as part of promotions with a certain period of validity and that cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

15.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

15.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

15.4 Only one promotional voucher can be redeemed per order.

15.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.

15.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

15.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

15.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

15.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

16.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

16.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

16.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

16.4 Only one gift voucher can be redeemed per order.

16.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

16.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

16.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

16.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

17.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

17.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

19.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

19.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.