ABOUT US
We are a private German company headquartered in Düsseldorf and Meerbusch.
Our brand BODIFY® stands for innovation and quality.All our products are developed with great ♡ in Düsseldorf.
FASSMER GMBH
Weingartsweg 17
40668 Meerbusch
GERMANY
Terms of service
Terms and Conditions
for the online shop at the URL
https://bodify.me/
operated by:
Fassmer GmbH
Weingartsweg 17d
40668 Meerbusch
Germany
Email: hallo@bodify.me
Phone number: +49 176 85254881
- hereinafter: Provider -
1. Scope of Application
These Terms and Conditions apply, once incorporated, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as “Goods”) in the online shop at the above URL in the version valid at the time the contract is concluded. These Terms and Conditions apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.
2.2 The ordering of the Goods is carried out via the Provider’s online order form. After selecting the desired Goods, entering all mandatory information requested, and completing all other required steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the Provider delivers the ordered Goods and the Goods are received by the customer, or when the Provider requests payment from the customer (e.g. invoice or credit card payment during the ordering process) and the payment request is received by the customer; the decisive point in time for the conclusion of the contract is the moment when one of the alternatives mentioned in the first half of the sentence occurs for the first time.
2.3 Before submitting the binding order via the Provider’s online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g. by email). Any further accessibility of the contract text by the Provider does not take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English, Italian.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. Details can be found in the withdrawal policy, which is provided to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value-added tax (VAT) plus any applicable shipping costs. The customer is informed about the available payment methods in the Provider’s online shop.
4.2 If payment via “PayPal” is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.
4.3 If “Sofortüberweisung” is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.
4.4 If “Apple Pay” is selected as the payment method, payment processing is carried out via Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after the conclusion of the contract.
4.5 If “Google Pay” is selected as the payment method, payment processing is carried out via Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after the conclusion of the contract.
4.6 If payment is made using “American Express”, processing is carried out via American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany. Payment is due immediately after the conclusion of the contract.
4.7 If “VISA” is selected as the payment method, payment processing is carried out via Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately after the conclusion of the contract.
4.8 If “Klarna” is selected as the payment method, payment processing is carried out via Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. installment purchase, purchase on account). Unless otherwise stated, payment is due immediately after the conclusion of the contract.
5. Retention of Title
The purchased Goods remain the property of the Provider until full payment of the purchase price has been made.
6. Delivery and Reservation of Self-Supply
6.1 Unless otherwise agreed, delivery shall take place within the delivery time stated in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased Goods is excluded.
6.3 If the Provider is unable to deliver the ordered Goods because it is not supplied by its own supplier through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in due time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner shall be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The statutory warranty provisions apply.
8. Liability and Indemnification
8.1 The Provider shall be liable without limitation:
- for damages resulting from injury to life, body, or health caused by a willful or negligent breach of duty by the Provider or by a willful or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages caused by a willful or grossly negligent breach of duty by the Provider or by a willful or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- based on a guarantee promise, insofar as no other regulation has been made in this respect;
- based on mandatory liability (e.g. under the Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the typical foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the customer may regularly rely.
8.3 In all other respects, liability of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the Provider against any claims by third parties – including the costs of legal defense in the statutory amount – which are asserted against the Provider due to unlawful or contractual breaches by the customer.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the Provider’s privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive a consumer with habitual residence in the EU of mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s registered office shall have jurisdiction, unless exclusive jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these Terms and Conditions.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The Provider participates in a dispute resolution procedure before a consumer arbitration board. The competent body is the Universal Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany (https://www.verbraucher-schlichter.de).
Our email address can be found in the heading of these Terms and Conditions.
Source: eRecht24.
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