General Terms and Conditions

1.1 What is personal data

These General Terms and Conditions, in the version valid at the time the contract is concluded, apply to all business relationships between us, Nowbody GmbH & Co. KG, Sacrower Allee 46, 14476 Potsdam, and you. If you use conflicting General Terms and Conditions, we hereby expressly reject their applicability.

1.2 Contract Agreement

The contract language is German.

1.3 Conclusion of the Contract

1.3.1 Online Shop

The presentation of the product range in our online shop is initially non-binding and subject to change. The ordering process consists of a total of five steps. In the first step, you select the desired goods. In the second step, you enter your details, including the billing address and, if applicable, a different delivery address, unless these details have already been saved in your account. In the third step, you select the desired shipping method, and in the fourth step, you can select the payment method. In the fifth step, you have the opportunity to review all details (e.g. name, address, payment method, ordered items) once again and correct any input errors before confirming your order by clicking the button "Place order with obligation to pay ". By placing the order, you submit a binding offer to conclude a contract. We will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by email, telephone, post, or by notifying you that the goods have been dispatched. The contract is concluded only upon acceptance.

We will store the text of the contract and send it to you after dispatch of your order, together with these General Terms and Conditions and customer information, in text form (e.g. by email or post). However, after dispatching your order, you will no longer be able to access the text of the contract via the website. You can print the relevant website containing the text of the contract using your browser's print function.

1.3.2 Individual Conclusion of the Contract
The contract is concluded individually through an offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an inquiry to us and then receive a binding offer from us, which you may accept within two weeks. The contract is concluded upon acceptance. We do not separately store the contract text; instead, the content of the contract is determined individually by the agreement reached.

2.1 Partial Deliveries

We are entitled to make partial deliveries if this is reasonable for you. However, you will not incur any additional shipping costs in the event of partial deliveries.

2.2 Delays in Delivery and Performance

Delays in delivery and performance due to force majeure and exceptional, unforeseeable events that cannot be prevented even with the utmost care on our part and for which we are not responsible (this includes, in particular, strikes, official or court orders, and cases of incorrect or improper delivery to us despite a corresponding covering transaction) entitle us to postpone delivery for the duration of the obstructing event.

2.3 Exclusion from Delivery

Post office box addresses are not served.

2.4 Default in acceptance

If you are in default of accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the period of default in acceptance, you bear the risk of accidental loss or accidental deterioration.

2.5 Delivery and Performance Period

As a rule, the delivery and performance periods are agreed with you individually and can be found in the offer. Before delivery or performance, all matters relevant to the order must have been clarified between the contracting parties.

Accordingly, unless expressly agreed otherwise, we will make the delivery within 8 weeks. In the case of advance payment, the delivery period begins on the day after the payment order is issued to the transferring bank; in the case of payment by cash on delivery or purchase on account, it begins on the day after conclusion of the contract. The period ends after the expiry of the 8 weeks. If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the period ends on the next working day.

3.1 Prices and shipping costs

All prices include VAT. The separately specified costs for packaging and shipping will be added, unless you have agreed to collect the goods from our registered office.

3.2 Late Payment

You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the European Central Bank’s base interest rate, or 9 percentage points above the European Central Bank’s base interest rate for legal transactions in which no consumer is involved. If you fall behind with your payments, we reserve the right to charge reminder fees of EUR 2.50. We reserve the right to claim any further damages. You may provide evidence that we incurred no damage or that the damage incurred was less than claimed.

3.3 Right of retention

You may assert a right of retention only for counterclaims that are due and arise from the same legal relationship as your obligation.

Cancellation Policy

Right of withdrawal

If the customer is a consumer, they have the right to withdraw from their contractual declaration. Customers who are business owners do not have a right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The
withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or has taken possession of the goods / the last goods. To exercise your right of withdrawal, you must inform us

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

Email: hello@kraftwunder.com
Telephone: +49(0)3320 150 36 71

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have sent the goods back, whichever is the earlier. You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs. The right of withdrawal also does not apply to contracts for the supply of goods that can spoil quickly or whose expiry date would quickly be exceeded.

In the case of contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the supply of audio or video recordings or computer software
in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.

Model withdrawal form

If you wish to withdraw from the contract, please complete this form and return it.

To

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

Email: hello@kraftwunder.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

__________________________________________________

__________________________________________________ 

Ordered on (*) __________ / received on (*) __________

Name of consumer(s) _______________________

Address of consumer(s) ____________________

___________              ______________________________

Date                         Signature of consumer(s) (only if notification is made on paper)

(*) Delete as appropriate.

The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to this simple retention of title with due care at all times. You assign to us any claim or compensation you receive for damage to, destruction of, or loss of the delivered goods. If you act in breach of the contract, particularly in the event of late payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.

6.1 Warranty Claims

Statutory warranty rights apply. A warranty claim may arise only with regard to the condition of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular, technical and design deviations may occur in the descriptions, illustrations, and information in our offers, brochures, catalogs, on the website, and in other documents (e.g., color, weight, dimensions, design, scale, positioning, or similar), insofar as these changes are reasonable for you. Such reasonable grounds for changes may result from customary commercial variations and technical production processes. If guarantees are provided in addition to the warranty claims, you will find their specific terms with the respective product. Any guarantees do not affect your warranty rights. You are required to make the defective goods available to us for the purpose of subsequent performance.

6.2 Warranty for Consumers

The risk of accidental destruction or deterioration of the goods sold passes to you only upon delivery of the goods. If you notice that the outer packaging arrives damaged or discover damage after receiving the goods, we ask you to inform us. However, you are under no obligation to provide such notification, and failure to provide notification does not affect your warranty rights. If the goods are defective, you may choose to demand subsequent performance in the form of repair or replacement delivery within a reasonable period. We will bear the costs of taking back the goods to be replaced.

6.3 Warranty for Businesses

For businesses, notwithstanding the statutory warranty provisions, we may, at our own discretion, provide subsequent performance in the form of remedying the defect or delivering new goods in the event of a defect. In this case, the risk of accidental destruction or deterioration of the goods passes to you as soon as the goods are handed over to the person designated to carry out the transport. Businesses must notify us of apparent defects immediately and of non-apparent defects immediately after discovery, in text form; otherwise, asserting the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The business bears the full burden of proof for all requirements of the claim, in particular for the defect itself, the time at which the defect was identified, and the timeliness of the notice of defect.

6.4 Rights in the Event of an Insignificant Defect

If there is only an insignificant defect, you are entitled, to the exclusion of the right of rescission, only to a reasonable reduction of the purchase price.

6.5 Damages for Defects

No warranty is provided for damage attributable to improper handling or use. We expressly draw attention to the following exclusion of liability.

6.6 Limitation Period

The statutory limitation periods apply to consumers unless a different limitation period has been expressly agreed for used goods. If you are a business, the warranty for used goods is excluded; for new goods, the warranty period is 1 year for our suit, including suit electrodes, and 2 years for our Kraftbox and the battery. This does not apply to the right of recourse under § 478 BGB. The reduction of the limitation period expressly does not exclude liability for damage resulting from injury to life, body, or health, or in cases of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

6.7 Exclusion of Warranty Rights

A warranty claim does not exist, in particular, in the following cases, insofar as the alleged defect is caused by:

- Unsuitable or improper use and/or

- Improper handling and/or

- Negligence in care/cleaning.

7.1 Instructions and Notices

You must always observe the instructions/notices provided for the storage, care, cleaning, and handling of the product. We therefore cannot be held responsible for any improper conduct on your part. In particular, we are not responsible for injuries (e.g., burns) resulting from your improper use, provided that we are not at fault in this regard. Please also be sure to take into account the health risks and side effects that may be associated with using the product. We recommend consulting a doctor before use if you have any concerns. The warranty rights under Section 6 and the liability provisions under Section 8 remain unaffected by this.

7.2 Special Notice

No success resulting from the use of our product, in the sense of an actual improvement in quality of life or health, and/or weight loss or muscle gain, is guaranteed. We merely make our product available for purchase. The handling and use of the product are solely your responsibility. Before purchasing, please find out whether our product is suitable for your intended purpose.

8.1 Disclaimer of Liability

We, as well as our legal representatives and vicarious agents, are liable only in cases of intent or gross negligence. Where essential contractual obligations (i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are concerned, liability also applies in cases of ordinary negligence. In such cases, liability is limited to foreseeable damage typical of the contract. In dealings with business customers, in the event of a grossly negligent breach of non-essential contractual obligations, we are liable only for the foreseeable damage typical of the contract.

8.2 Reservation of Liability

The above disclaimer of liability does not apply to liability for damage resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer of liability.

9.1 Place of jurisdiction

Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law, or a special fund under public law.

9.2 Choice of law

Unless mandatory statutory provisions under the law of your home country conflict with this, German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

9.3 Consumer dispute resolution proceedings

The EU Commission has established an online platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform at the following link: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.4 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.