General Terms and Conditions

1.1 What are personal data

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relationships between us, Nowbody GmbH & Co. KG, Sacrower Allee 46, 14476 Potsdam, and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.

1.2 Contract Agreement

The contract language is German.

1.3 Conclusion of Contract

1.3.1 Online Shop

The presentation of the assortment 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 data including billing address and, if applicable, a different delivery address, provided this data is not already stored in your account. In the third step, you select the desired shipping method, and in a fourth step, you can choose the payment method. In the fifth step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) once again and correct any input errors before confirming your order by clicking the "order with obligation to pay" button. By ordering, you make a binding offer to contract. We will confirm receipt of the order immediately. The confirmation of receipt does not yet constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, telephone, postal mail, or by notification of dispatch of the goods. The contract is only concluded upon acceptance.

The contract text is stored by us and sent to you after submitting your order along with the present GTC and customer information in text form (e.g., email or postal mail). However, the contract text can no longer be accessed by you via the website after submitting your order. You can print the relevant website with the contract text using the browser's print function.

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

2.1 Partial deliveries

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

2.2 Delivery and performance delays

Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with utmost care and for which we are not responsible (this includes in particular strikes, official or judicial orders, and cases of incorrect or improper self-supply despite corresponding coverage transactions), entitle us to postpone the delivery for the duration of the hindering event.

2.3 Exclusion of Delivery

P.O. Box addresses are not delivered to.

2.4 Default of Acceptance

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

2.5 Performance time

Delivery or performance times are generally agreed individually with you and can be found in the offer. Before delivery or performance, all questions relevant to the order must be clarified between the contracting parties.

Unless expressly agreed otherwise, delivery by us will take place within 8 weeks. The start of the delivery period is, in the case of prepayment, the day after the payment order is given to the transferring credit institution, or in the case of payment by cash on delivery or invoice purchase, the day after the contract is concluded. The period ends after 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 value-added tax. In addition, the separately stated costs for packaging and shipping apply, unless pickup by you at our business premises is agreed upon.

3.2 Default of Payment

You will be in default of payment if the payment is not received by us within two weeks after receipt of the invoice. In case of default, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You have the option to prove that we have suffered no damage or a lesser damage.

3.3 Right of Retention

The assertion of a right of retention is only available to you for counterclaims that are due and arise from the same legal relationship as your obligation.

Right of withdrawal information

Right of withdrawal

If the customer is a consumer, they have the right to withdraw their contractual declaration. Customers who are entrepreneurs do not have the right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

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

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

E-Mail: hello@kraftwunder.com
Phone: +49(0)3320 150 36 71

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

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method you used in the original transaction for this refund, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.

We can refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to check their condition, properties, and functioning.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

For contracts for the delivery 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 of the goods was removed after delivery. For contracts for the delivery of sound or video recordings or computer software
In a sealed package, your right of withdrawal expires prematurely if the seal was removed after delivery.

Sample withdrawal form

If you want to revoke the contract, please fill out this form and send it back.

To

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

E-Mail: hello@kraftwunder.com

I/we (*) hereby revoke 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 the consumer(s) _______________________

Address of the consumer(s) ____________________

___________              ______________________________

Date                         Signature of the consumer(s) (only for notifications on paper)

(*) Delete as appropriate.

The delivered goods remain our property until full payment of the purchase price. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation you receive for damage, destruction, or loss of the delivered goods. If you breach the contract, especially in case of payment default, we are entitled to take back the purchased item. In this case, the repossession of the item does not constitute a withdrawal from the contract unless we expressly declare this in writing.

6.1 Warranty claim

There are statutory warranty rights. A warranty claim can only arise 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, with regard to the descriptions, representations, and information in our offers, brochures, catalogs, on the website, and other documents, there may be technical and design deviations (e.g., color, weight, dimensions, design, scale, positioning, etc.), as long as these changes are reasonable for you. Such reasonable reasons for changes may result from customary fluctuations and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.

6.2 Warranty towards consumers

The risk of accidental loss or deterioration of the sold goods passes to you only upon delivery of the goods. If you notice that the outer packaging arrives damaged or detect damage after receipt of the goods, we ask you to inform us. However, there is neither an obligation to notify nor does failure to notify affect warranty rights. If the goods are defective, you may demand subsequent performance in the form of repair or replacement within a reasonable period. We bear the costs for the return of the goods to be replaced.

6.3 Warranty towards entrepreneurs

For entrepreneurs, deviating from the statutory warranty provisions, in the event of a defect, we will, at our own discretion, provide subsequent performance in the form of defect rectification or replacement delivery. The risk of accidental loss or deterioration of the item passes to you upon handover to the person designated for transport. Entrepreneurs must notify obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, especially for the defect itself, the time of defect detection, and the timeliness of the defect notification.

6.4 Rights in case of minor defect

In the case of a minor defect, you only have the right to an appropriate reduction of the purchase price, excluding the right of withdrawal.

6.5 Compensation for defects

No warranty is given for damages resulting from improper handling or use. The following disclaimer of liability is expressly pointed out.

6.6 Limitation

For consumers, the statutory limitation periods apply, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded, and for new goods it is 1 year for our suit including suit electrodes and 2 years for our kraftbox and the battery. The recourse claim according to § 478 BGB is excluded from this. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body, or health or in cases of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.

6.7 Non-existence of the warranty right

A warranty claim is particularly excluded in the following cases, insofar as the complained defect is caused by:

- Unsuitable or improper use and/or

- Faulty handling and/or

- Negligence in care/cleaning.

7.1 Instructions and Guidelines

You must always follow the provided instructions/guidelines for storage, care, cleaning, and handling of the product. Therefore, we cannot be held responsible for your incorrect behavior. In particular, injuries (e.g., burns) due to your improper use are not our responsibility unless we are at fault. Please also be sure to consider 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 according to point 6 and the liability rules from point 8 remain unaffected.

7.2 Special Notice

A success resulting from the use of our product in terms of an actual improvement in quality of life, health condition, and/or weight loss or muscle gain is not guaranteed. We merely provide you with our product for purchase. The handling and use are solely your responsibility. Please inform yourself before purchase whether our product is suitable for your intended purpose.

8.1 Disclaimer

We, as well as our legal representatives and vicarious agents, are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e., those obligations whose fulfillment is of particular importance for achieving the contract's purpose) are affected, liability also applies for slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage. In dealings with entrepreneurs, we are only liable for grossly negligent breaches of non-essential contractual obligations up to the amount of the foreseeable, contract-typical damage.

8.2 Reservation of Liability

The above disclaimer of liability does not affect liability for damages 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 Jurisdiction

As the exclusive place of jurisdiction for all legal disputes arising from this contract, our place of business is agreed, provided you are a merchant, a legal entity under public law, or a special fund under public law.

9.2 Choice of law

Unless mandatory legal provisions under your home law oppose, German law excluding the UN Sales Convention is agreed.

9.3 Consumer dispute resolution procedure

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

9.4 Severability clause

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