General terms and conditions of business

1.1 What is personal data

These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us at Nowbody GmbH & Co. KG, Sacrower Allee 46, 14476 Potsdam and you. If you use conflicting general terms and conditions, these are hereby expressly contradicted.

1.2 Contractual agreement

The contract language is German.

1.3 Conclusion of contract

1.3.1 Online shop

The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of five steps. The first step is to select the goods you want. In the second step, enter your data including billing address and, if necessary, a different delivery address, if 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 check all information (e.g. name, address, method of payment, ordered items) again and correct any input errors if necessary before confirming your order by clicking on the "order with payment" button. By placing an order you are bindingly declaring your contract offer. We will confirm receipt of the order to you immediately. The confirmation of receipt does not constitute a 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 us that the goods have been dispatched. The contract is only concluded upon acceptance.

The text of the contract will be saved by us and sent to you in text form (e.g. by email or by post) together with these general terms and conditions and customer information after you have sent your order. However, you can no longer access the contract text via the website after you have submitted your order. You can use the browser's print function to print out the relevant website with the contract text.

1.3.2 Individual conclusion of contract
The contract is concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is for you to send us an inquiry and then receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. We do not store the contract text separately; rather, the content of the contract arises 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 service delays

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

2.3 Exclusion of delivery

PO box addresses are not delivered.

2.4 Delay in acceptance

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

2.5 Performance time

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

We will only deliver within 8 weeks unless expressly agreed otherwise. In the case of advance payment, the start of the delivery period is the day after the payment order is issued to the transferring credit institution or, in the case of payment by cash on delivery or in the case of purchase on account, the day after the conclusion of the contract. The deadline ends after the 8 weeks have expired. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the deadline ends on the next working day.

3.1 Prices and shipping costs

All prices include sales tax. In addition, there are the separately stated costs for packaging and shipping, unless collection by you at our place of business has been agreed.

3.2 Default in payment

You will be in default of payment if we do not receive payment 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 base interest rate of the European Central Bank, or 9 percentage points above the base interest rate of the European Central Bank for legal transactions in which a consumer is not involved. If you fall behind on your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You have the opportunity to prove that we suffered no or lesser damage.

3.3 right of retention

You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

Right of withdrawal

Right of withdrawal

If the customer is a consumer, he is entitled to revoke his contractual declaration. Customers who are entrepreneurs have no right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

Consumers have the right to cancel this contract within fourteen days without giving reasons. The
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods/the last goods. In order to exercise your right of withdrawal, you must contact us

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

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

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

We may refuse the refund until we have received the goods back or until you have provided evidence of having sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. 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 the 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 delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which 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 expiry date would quickly be exceeded.

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

Sample cancellation form

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

At

Nowbody GmbH & Co. KG
Sacrower Allee 46
14476 Potsdam

Email: 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 paper notification)

(*) Delete what is not applicable.

The delivered goods remain our property until the purchase price has been paid in full. 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 goods delivered. If you behave in breach of contract, especially if you default on payment, we are entitled to take back the purchased item. In this case, taking back 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 properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. There may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), particularly with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents these changes are reasonable for you. Such reasonable reasons for changes can arise from normal commercial 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 supplementary performance.

6.2 Warranty to consumers

The risk of accidental loss or deterioration of the goods sold only passes to you when the goods are handed over. If you notice that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please let us know. However, there is no obligation to provide such notification, nor will any failure to provide notification affect the warranty rights. If the goods are defective, you can either demand subsequent performance in the form of repair or subsequent delivery within a reasonable period of time. We bear the costs of taking back the goods to be replaced.

6.3 Warranty to entrepreneurs

In contrast to the statutory warranty regulations, the following applies to entrepreneurs: in the event of a defect, we choose to provide supplementary performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item passes to you when it is handed over to the person designated for transport. Entrepreneurs must report 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 claims requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.

6.4 Rights in the event of insignificant defects

If there is only an insignificant defect, you only have the right to a reasonable reduction in the purchase price, excluding the right of withdrawal.

6.5 compensation for defects

No warranty is given for damage resulting from improper handling or use. We expressly point out the following disclaimer of liability.

6.6 statute of limitations

The statutory limitation periods apply to consumers, 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 this is 1 year for our suit including suit electrodes and 2 years for our kraftbox and the battery. Excluded from this is the right of recourse according to Section 478 of the German Civil Code (BGB). The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in the event of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

6.7 Non-existence of the warranty right

A warranty claim does not apply in particular in the following cases if the defect complained about is caused by:

- Inappropriate or improper use and/or

- Incorrect handling and/or

- Negligence in care/cleaning.

7.1 instructions and notes

You must always follow the instructions/notes provided on storage, care, cleaning and handling of the product. We cannot therefore be held responsible for your erroneous behavior. In particular, we are not responsible for injuries (e.g. burns) due to incorrect use, provided we are not at fault. Please also pay attention to 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 law according to point 6 and the liability rules from point 8 remain unaffected.

7.2 Special note

Any success resulting from the use of our product in the sense of an actual improvement in quality of life, state of health and/or weight loss or muscle building is not guaranteed. We are simply making our product available for you to purchase. You are solely responsible for handling and using it. Before purchasing, please find out whether our product is suitable for your planned project.

8.1 Disclaimer

We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently those obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, liability is also assumed for minor negligence. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to entrepreneurs to the extent of the foreseeable, contract-typical damage.

8.2 liability reservation

The above exclusion 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 exclusion of liability.

9.1 Jurisdiction

Our place of business is agreed to be the exclusive place of jurisdiction for all legal disputes arising from this contract if 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 conflict with this, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.3 Consumer dispute resolution procedures

The EU Commission has created an internet platform for the online resolution of disputes regarding 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 take part in a dispute resolution procedure before a consumer arbitration board.

9.4 Severability clause

The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.