General Terms and Conditions for www.annarizatdinova.com
(Version: May 2018)
§ 1 Scope, definitions
(1) The following General Terms and Conditions apply to all business transactions initiated and processed via our platform between you as customer and us. The version of these General Terms and Conditions valid at the time the order is placed will apply. Conditions of the ordering party which differ from that version shall not be recognised unless their applicability is expressly agreed by us.
(2) Our goods and services offered via the platform are intended exclusively for consumers as end users. For the purposes of these General Terms and Conditions, (i) a "consumer" means any natural person who enters into the contract for purposes that predominantly are outside his trade, business or profession (§ 13
German Civil Code (BGB)) and (ii) an "entrepreneur" means any natural or legal person or a partnership who or which, when entering into the contract, acts in exercise of his or its trade, business or profession (§ 14
German Civil Code (BGB)).
§ 2 Conclusion of the contract
(1) The goods and services offered via our platform do not represent any offer to conclude a contract yet, but rather merely a solicitation to place an order. With your order, you transmit to us an offer to conclude a sales or service contract.
(2) In cases of contracts regarding the delivery of goods, the sales contract becomes effective either upon dispatch of a separate contract note or upon dispatch of the ordered goods. The confirmation of receipt of your order (order confirmation) does not constitute acceptance of your offer. It serves only to inform you that your order has been received.
(3) In cases of contracts regarding services or digital content, which are not supplied on a tangible medium (download), the contract becomes effective upon a separate contract note by us. The confirmation of receipt of your order (order confirmation) does not constitute acceptance of your offer. It serves only to inform you that your order has been received.
(4) The language of the contract is the English. We save the contract text and send you the order data and our General Terms and Conditions by e-mail. The contract text cannot be accessed by other means.
§ 3 Use of Workouts, license
(1) Please be aware that the use of the training methods provided by our Workout is carried out at your own risk. We explicitly recommend consulting with a medical practitioner before starting the training or if you feel any kind of illness. Our Workouts require a good state of health. We explicitly recommend not using our Workouts, if you are pregnant or nursing. Please be aware that our services do not include medical advice or consultation. Our Workouts do to not replace medical exploration, check-ups or consultations.
(2) With the contract regarding digital content, you may download, save and use the digital content only for personal use. You are not entitled to modify, edit, or change the digital content. Furthermore you are not entitled to copy the digital content, make it accessible to third parties, forward or sell it to a third party or to make any other commercial use of such digital content.
§ 4 Withdrawal by the consumer
(1) As consumer you have a right of withdrawal. The requirements and legal consequences of the right of withdrawal are listed in the following instructions on withdrawal.
Instructions on withdrawal
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day
- in case of contracts regarding services or digital content – of the conclusion of the contract,
- in case of a sales contract – on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.
To exercise the right of withdrawal, you must inform us (Galina Pentzlin, Daimlerst. 14, 70372 Stuttgart, Tel. +491717290262, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount, which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract
End of the instructions on withdrawal
(2) The right of withdrawal expires in cases of service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by us.
(3) The right of withdrawal expires in cases of contracts that regard the supply of digital content, which is not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
§ 5 Prices, terms of payment, retention of title
(1) Unless agreed otherwise, the standard prices on the day of the conclusion of the contract and contained in the platform apply. The customer shall be deemed to be in default of payment 14 days after the invoice is issued.
(2) In general, payments can be made via internet payment services Pay Pal and Credit Card.
(3) You may, as the ordering party, offset claims only if your counterclaims have been finally determined by a court, are uncontested or are acknowledged by us. Furthermore, you are entitled to exercise a right of retention only to the extent that your counterclaim relates to the same contractual relationship.
(4) The goods shall remain our property until payment in full has been made. If you are in default of payment for more than 10 days, we shall have the right to rescind from the contract and demand the return of the goods.
§ 6 Shipping costs, terms of delivery and service
(1) Shipping costs can vary depending on the delivery region, the delivery method and the nature of the order. For more information on cost of shipping, please refer to our Shipping Costs page.
(2) We deliver the goods according to the agreements made with you. For delivery and service deadlines and dates please refer to your contract note.
§ 7 Warranty, liability
(1) The statutory warranty provisions apply.
(2) Notwithstanding the statutory warranty provisions, we shall be liable for compensatory damages only in the cases of letters a) through d) as follows:
(a) for loss of life, physical injury, damage to health as well as for damages resulting from wilful intent or gross negligence and/or for damages due to failure to comply with any guarantees made in writing, unlimited;
(b) in cases of product liability, according to the German Product Liability Act (Produkthaftungsgesetz);
(d) for the breach of substantial contractual obligations due to slight negligence, the resulting liability for compensatory damages shall be limited to the damage amount which we typically would have had to expect based on the circumstances known to us at the time of the conclusion of the contract. Substantial contractual obligations are such fundamental obligations as were essential in your decision to conclude the contract and which you could reasonably trust us to fulfil.
(3) We shall not be liable for compensatory damages of any other kind whatsoever, irrespective of the legal basis.
(4) In the cases described under paragraph 2 letter c), any claims for compensatory damages and reimbursement of expenses are subject to a twelve-month limitation period. The limitation period commences according to § 199 German Civil Code (BGB).
(5) To the extent that these provisions exclude our liability, they also exclude the liability of our bodies and agents, especially our employees.
§ 8 Privacy
(1) All collection, processing and storage by us of any personal data provided by you complies with the provisions of General Data Protection Regulation (GDPR) and the German data protection legislation.
(2) Use of your personal data is required in order to process the contract concluded with you. Any use beyond that purpose requires your explicit consent. For details about the collected data and their respective use, please refer to our Privacy Statement
§ 9 Platform for online dispute resolution
(1) Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/odr.
(2) We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.
§ 10 Identity of the provider, contact
(1) The provider of this service is
Daimler St. 14
70372 Stuttgart, Germany
VAT No: DE 279609917
(2) The foregoing address can be used when filing objections.
§ 11 Final provisions
(1) These General Terms and Conditions are subject to German law without regard to the United Nations Convention on Contracts for the International Sale of Goods (CISG). For you as consumer, this choice of applicable law applies only to the extent that it does not impair the mandatory application of consumer protection regulations of the State in which you as consumer are regularly resided at the time you placed your order.
(2) If individual provisions of these General Terms and Conditions are or become invalid, this will not affect the validity of the remaining contractual conditions.