1. General information

1.1 What is personal data

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

1.2 Contract agreement

The contract language is German.

1.3 Conclusion of contract

1.3.1 Online shop

The presentation of the products 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 products. In the second step, you enter your details, including the billing address and, if applicable, a different delivery address, insofar as these details are not already stored in your account. In the third step, you select the desired shipping method, and in a fourth step you can select 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, if necessary, before confirming your order by clicking the "place order with payment obligation " button. By placing the order, you make a binding offer to conclude a contract. We will immediately confirm receipt of your 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 store the contract text and, after you submit your order, send it to you together with these General Terms and Conditions and customer information in text form (e.g. by email or post). However, after submitting your order, you can no longer access the contract text via the website. You can print the relevant website containing the contract text using your browser's print function.

1.3.2 Individual contract conclusion
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 we then provide you with a binding offer, 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. Delivery

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 for partial deliveries.

2.2 Delays in delivery and performance

Delays in delivery and performance due to force majeure and extraordinary and unforeseeable events that cannot be prevented by us even with the utmost care and for which we are not responsible - including, in particular, strikes, official or court orders, and cases of incorrect or improper self-delivery despite a corresponding covering transaction - entitle us to postpone delivery for the duration of the obstructing event.

2.3 Exclusion of delivery

We do not deliver to post office box addresses.

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 delay in acceptance, you bear the risk of accidental loss or accidental deterioration.

2.5 Performance period

As a rule, delivery or performance times are agreed with you individually 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, we will deliver within 8 weeks. For advance payment, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for payment by cash on delivery or purchase on account, it begins on the day after conclusion of the contract. The period ends after 8 weeks. If the last day of the period falls on a Saturday, Sunday, or a public holiday generally recognized by the state at the place of delivery, the period ends on the next working day.

3. Payment

3.1 Prices and shipping costs

All prices include VAT. In addition, the separately stated costs for packaging and shipping will be charged, unless collection by you at our business premises has been agreed.

3.2 Payment default

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 payment default, interest will be charged at a rate of 5 percentage points above the European Central Bank's base rate, or 9 percentage points above the European Central Bank's base rate for legal transactions in which a consumer is not involved. If you fall behind with your payments, we reserve the right to charge reminder fees of 2.50 euros. The right to claim further damages remains unaffected. You retain the option of proving that we have incurred no damage or less damage.

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.

4. Withdrawal instructions for consumers in distance contracts

Withdrawal instructions

Right of withdrawal

If the customer is a consumer, they are entitled to revoke their contractual declaration. Customers who are entrepreneurs have no right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

Consumers have the right to revoke 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 goods. To exercise your right of withdrawal, you must inform us

Nowbody GmbH & Co. KG
Sacrower Alle 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) informing us of your decision to revoke this contract. You may use the attached model withdrawal form for this purpose, although it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the 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 delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and 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 for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return 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 the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from handling them that was not necessary to examine their condition, properties, and functionality.

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 choice or determination by the consumer is decisive, or that are clearly tailored to the consumer's personal needs. The right of withdrawal likewise does not apply to contracts for the supply 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 reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods is removed after delivery. For contracts for the delivery of audio or video recordings or computer software
in sealed packaging, your right of withdrawal expires prematurely if the seal was removed after delivery.

Model withdrawal form

If you wish to revoke 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 revoke the contract concluded by me/us (*) for the purchase of the following goods(*)/provision of the following service (*)

__________________________________________________

__________________________________________________ 

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

Consumer(s)' name _______________________

Consumer(s)' address ____________________

___________              ______________________________

Date                         Consumer(s)' signature (only when notified on paper)

(*) Delete as applicable.

5. Retention of title

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 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 item. In this case, taking back the item does not constitute withdrawal from the contract unless we expressly declare this in text form.

6. Warranty

6.1 Warranty claim

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

6.2 Warranty with respect to consumers

The risk of accidental loss of or damage to the sold goods passes to you only upon handover of the goods. If you notice that the outer packaging arrives damaged or discover damage after receiving the goods, we ask you to notify us. However, there is no obligation to provide such notification, nor are your warranty rights affected by failure to provide notification. If the goods are defective, you may, at your option, demand subsequent performance in the form of repair or replacement delivery within a reasonable period. We bear the costs of taking back the goods to be replaced.

6.3 Warranty with respect to business customers

With respect to business customers, deviating from the statutory warranty provisions, in the event of a defect we may, at our discretion, provide subsequent performance in the form of remedying the defect or delivering a replacement. In this case, the risk of accidental loss of or damage to the item passes to you as soon as the item is handed over to the person designated for transport. Business customers must notify us of obvious defects immediately and of non-obvious defects immediately upon discovery, in text form; otherwise, the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The business customer bears the full burden of proof for all requirements for the claim, in particular for the defect itself, the date on which the defect was established, 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 solely to a reasonable reduction of the purchase price, excluding the right of rescission.

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

For consumers, the statutory limitation periods apply unless a different limitation period has been expressly agreed for used goods. If you are a business, 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 power box and battery. This does not apply to the right of recourse under Section 478 of the German Civil Code (BGB). 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 German Product Liability Act also remain unaffected.

6.7 Exclusion of warranty rights

A warranty claim is excluded 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. Your responsibility

7.1 Instructions and information

You must always follow the instructions and information provided regarding the storage, care, cleaning, and handling of the product. We therefore cannot be held responsible for your improper conduct. In particular, we are not responsible for injuries (e.g., burns) resulting from your improper use, unless we are at fault. Please also be sure to note the health risks and side effects that may be associated with using the product. If you have any concerns, we recommend consulting a doctor before use. This does not affect the warranty rights under Section 6 or the liability provisions under Section 8.

7.2 Special Note

No result arising from the use of our product, in the sense of an actual improvement in quality of life, health, and/or weight loss or muscle gain, is owed. We merely make our product available for purchase. Its handling and use are solely your responsibility. Please inform yourself before purchasing whether our product is suitable for your intended purpose.

8. Liability

8.1 Exclusion of Liability

We, as well as our legal representatives and vicarious agents, shall be liable only for intent or gross negligence. Where material contractual obligations (meaning obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are concerned, liability shall also apply in cases of slight negligence. In such cases, liability shall be limited to the foreseeable, contractually typical damage. In relation to entrepreneurs, in the event of a grossly negligent breach of non-material contractual obligations, we shall be liable only for the foreseeable, contractually typical damage.

8.2 Reservation of Liability

The foregoing exclusion 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 exclusion of liability.

9. Final Provisions

9.1 Place of Jurisdiction

Our registered office 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 provide otherwise, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

9.3 Consumer Dispute Resolution Proceedings

The EU Commission has created an internet 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.