General Terms and Conditions UK
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Redemption of campaign vouchers
- Redemption of gift vouchers
- Applicable Law
- Place of Jurisdiction
- Code of conduct
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTS") of the company Body-Attack Sports Nutrition GmbH & Co. KG (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 presented by the Seller on the electronic trading platform Amazon Marketplace (hereinafter referred to as "Amazon"). The inclusion of the Client´s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions displayed by the Seller on the Amazon platform do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client can place an order via the Amazon integrated basket system or via the 1-Click ordering function.
2.2.1 After having placed the chosen items in the virtual shopping cart, the Client places an order via the basket system by clicking on the button "Buy now" in the final stage of the ordering procedure. This order is deemed to be a legally binding offer to buy the chosen amount of goods displayed on the respective product information page.
2.2.2 If the Client places an order via the 1-Click-ordering function by clicking on the button "buy now with 1-Click", this order is deemed to be a legally binding offer to buy the chosen amount of goods displayed on the respective online product page. In doing so, the Client has to pass through the following technical steps:
In a first step, the Client registers with Amazon. In a second step he activates the 1-Click ordering function. To this end, after entering his password, he clicks on the link "My account” and subsequently he clicks on the site which is opening on the link "Check or change 1-click- preferences” under the heading "settings”. Here the Client enters his address in a third step. In a fourth step he enters the required data regarding payment method "Bank draft” or payment method "Credit card payment”. In a fifth step the Client, when entering the site "Manage addresses and 1-click settings”, clicks on the button "Activate the 1-click-settings”. In a sixth step he clicks back to the article site. In the seventh step the Client, when choosing an article, selects the wanted delivery address from the 1-click-pulldown-menu. In the eighth step he clicks on the button "Buy now with 1-Click”.
2.3 Immediately after submitting his order, Amazon will send the Client an e-mail confirming the Seller´s receipt of the order. The Seller can accept the Client´s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail) or by doing so through Amazon; insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client or through Amazon; insofar receipt of goods by the Client is decisive, or
- by requesting the Client directly or through Amazon to pay after he placed his order, or
- provided direct debit payment is offered and the Client chooses this payment method, by debiting the total price from the Client’s account or by asking Amazon to do so. In this case the date is decisive on which the Client’s account is debited.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The time limit begins to run the day after the Client has submitted his offer and ends on the expiry of the fifth day following the submission of the offer.
2.5 The text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been placed. The Seller shall not make the contract text accessible beyond this. In addition, the order data is archived with Amazon and can be retrieved free of charge by the Client via his password-protected user account with Amazon.
2.6 When placing an order via the Amazon integrated basket system, the Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function. When placing an order via the 1-Click-ordering function, the order procedure is finalized when clicking on the button "Buy now with 1-Click”. Once the button "Buy now with 1-Click” has been activated, input errors can no longer be corrected.
2.7 The English language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client´s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. It is the Client´s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instruction on cancellation, which can be called up under the heading "Instructions for cancellations & Cancellation form”. Independent of the legal right of cancellation, the client may return the goods pursuant to the Amazon return policy which can be called up under "Return, Warranties and Refunds Returns- right of withdrawal”.
4) Price and delivery costs
4.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.These include, for example, costs for the transfer of money by credit institutions (e. g. transfer fees, exchange rate fees) or import levies or taxes (e. g. customs duties).
4.3 Payment processing takes place via the Amazon Payments payment system of the platform operator Amazon. Payments can be made by direct debit or credit card (Visa, Mastercard, American Express).
5) Shipment and Delivery Conditions
5.1 Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. The processing of the transaction is based on the delivery address provided by the Client to Amazon.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client´s control, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person entitled to receive them upon delivery. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of dispatch purchase shall pass to a suitable transport person upon delivery of the goods at the seller´s place of business.
5.4 Personal collection is not possible for logistical reasons.
6.1 The purchase of defective goods is subject to the statutory provisions.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Law and jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: https://www.ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.