Terms and Conditions
BODYSTANCE TERMS and CONDITIONS
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms;
3. Use of the Website and 4. Miscellaneous, as well as policy, set of terms or document to which a
link has been provided herein (collectively “Terms & Conditions”).
www.backpod.co.uk (the “Website”) is operated by or on behalf of Bodystance GmbH, Berliner Platz
10, 97080 Wuerzburg, Germany. If you place an order through this Website, upon confirmation that
such order is accepted a contract of sale will be executed between you and Bodystance GmbH ,
which will be governed by these Terms and Conditions and specifically by the Purchase Terms
mentioned below. (hereinafter together referred to as “Bodystance/we/us”).
Please read these Purchase Terms carefully before ordering Products online from the Website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products
by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the
Website, (ii) order anything at any web page directly connected to the Website or (iii) when you
accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing
2.2 REQUIREMENTS TO CONCLUDE A CONTRACT WITH BODYSTANCE
You have to be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and
2.3 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.3.1 General Aspects of Contract Formation
All information on the Website is an invitation to treat only. In other words, the information is not an
offer or binding contract. You agree that your order is an offer to purchase the Products listed in your
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in
advance at all times and/or to refuse to accept an order without providing reasons and with no
liability to you or any third parties. If we do not confirm acceptance of your order within ten working
days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not
accept your order are as follows:
If Product(s) are shown on the Website but are not or no longer available;
If we are unable to obtain authorisation of your payment;
If shipping restrictions apply to a Product;
If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or
otherwise incorrectly described.
In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your
order without incurring any liability towards you or a third party. Following the cancellation we will
of course provide you with a refund for the amount paid to us under the cancelled (part of the)
We reserve the right to cancel your order after the creation of the contract of sale, thereby
terminating the contract of sale, for the reasons stipulated in this section 2.3.1. under headings a
through above. Following the cancellation we will of course provide you with a refund for the
amount paid to us under the cancelled (part of the) order.
Bodystance has and fully reserves the right to refuse to accept any order that it knows or reasonably
suspects was made with the assistance or involvement of any software, robot, crawler, spider or
other automated means or device.
2.3.2 Special Aspects of Contract Formation for Standard Products
After your order has been placed, we will send you an order acknowledgement email with your order
number and details of the Standard Products you have offered to purchase and details of any
delivery services. Acceptance of your order and the formation of a contract of sale of the Standard
Products between you and us will not take place unless and until either:
you receive a confirmation from us that the Standard Products have been shipped to you from our
you receive a confirmation from the carrier that the Standard Products are ready for you to pick up if
you have chosen to pick up the Standard Product(s) at a carrier office or the carrier has stored the
Standard Products at the pickup location; or
2.4 RETENTION OF TITLE
All Products will remain the property of Bodystance until you have paid all amounts owed to us in full
under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries.
You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 ORDER CANCELLATION
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your
order for Standard Products. Please see Help section of the Website for more information.
The stated prices include VAT. Prices are quoted in British Pound Sterling (GBP). Bodystance reserves
the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. Any delivery costs will be charged separately, itemised and added to
the total amount of the order.
2.7 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
Bodystance reserves the right to conduct an individual credit check for each order in accordance
with the Bodystance Privacy Statement. Depending on the results of this check, Bodystance reserves
the right to refuse certain methods of payment.
We will deliver to the address indicated by you within the UK mainland. We can only deliver to a
home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree
that the carrier we have engaged for the delivery may also deliver the Products to a
neighbouring/nearby address or pick-up point, after which Bodystance is deemed to have met its
obligation to deliver the Products. The carrier will notify you of the delivery to the
neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which
our warehouse is located. Therefore, please, take into account any public holidays including any
national and/or regional holidays in your country of residence and in the city of Wuerzburg,
Germany. Deliveries will be made on business days, not being a public holiday in your country. Note
that public holidays may vary per country and per year.
For detailed information about delivery periods, please check the specifications for the different
types of delivery on the Delivery section of our Website. Delivery periods are indicative and are
therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not
entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express
delivery, we may, at our discretion, refund to you the full cost of Express delivery. Note that
Customised Products have different delivery periods. This means that your complete order of
Standard Products and Customised Products will take longer to deliver. However, mi Bodystance
Customised Products will be delivered separately from any other Products you may have ordered,
and will take approximate 4/6 weeks to be delivered.
Bodystance is entitled, insofar as reasonably possible, to make split deliveries so that you receive
your Products as soon as possible. There are no additional costs associated with such split deliveries.
However, in the event that you request that we deliver in parts, we may charge you for extra delivery
costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or
one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no
longer deliver (part of) your order and are not responsible for this situation, we will be entitled to
terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and
reimburse any payments made.
2.9 Returns and Withdrawal Policy
For practical information and the instructions for returning Standard Products please see the Return
section of the Website.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your
Standard Product(s)) the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal you must inform us (Bodystance GmbH, Berliner Platz 10, 97080
Wuerzburg, Germany ) submitting a clear declaration (e.g. a letter sent by post or an email) stating
your decision to withdraw from the contract of sale. You can use the sample withdrawal form
attached as Appendix 1 to these Terms and Conditions, however, this is not mandatory.
To meet the withdrawal period deadlines you will need to notify us about the fact that you are
exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The Standard Product must be returned (following the instructions on the Website) to:
Bodystance GmbH, Berliner Platz 10, 97080 Wuerzburg, Germany
The easiest and our preferred way to return your products is to follow the steps in the Return section
of the Website, because this both returns the products and notifies us of your desire to withdraw
from the contract of sale in one go.
If you return your Products by following the above instructions, we shall bear the costs of returning
the Products. In some cases you can request the carrier pick up the parcel for return but this may
result in an extra cost charged to you by the carrier. The current extra cost can be found on the
Website. Returns not made in accordance with the instructions set forth above shall be at your own
risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
2.10 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any
The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you,
who is not the carrier, have/has taken possession of the Products, or, where your order contained
multiple Products which will be delivered separately, delivery of the final Product(s) making up your
order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are
exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than
fourteen (14) days from the date on which you inform us about the withdrawal from the contract of
sale, in accordance with the Returns and Withdrawal Policy and in suitable packaging. This deadline
shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns
Policy, we shall reimburse all payments we received from you, including delivery charges (provided
the returned Standard Product(s) represent(s) the complete order and with the exception of any
additional charges arising from the fact that you chose a different method of delivery to the cheapest
standard delivery offered by us, where available), at the latest within fourteen (14) days from the
date on which the notification of withdrawal of this contract has been received by us. For this
repayment we shall use the same method of payment that you used making the original transaction,
unless we arrange a different method with you; you will not be charged any fees for such repayments
under any circumstances. We may withhold reimbursement until we have received the returned
Products, or until you have submitted proof that you have returned the Products, whichever comes
You only have to pay for any diminished value of Products if this diminished value is due to improper
handling on your behalf while ascertaining the nature, characteristics and functioning of the
USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”)
carefully before using the Website and any Bodystance content on social media websites, including
without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and
Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below),
information, recommendations, products and services provided to you on or through the Website. By
accessing and using the Website, you grant your consent to these Use of the Website Terms and
Conditions in their entirety in addition to any other law or regulation that applies to the Website and
the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons,
trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software
(“Content”), is owned by Bodystance GmbH, its affiliated companies, its licensors or its content
providers. All elements of the Website including, but not limited to, the general design and the
Content, can be protected by copyright, moral rights, database rights, trade mark and other laws
relating to intellectual property rights. Except as explicitly permitted under this or another
agreement with Bodystance, no portion or element of the Website or its Content may be copied or
retransmitted via any means. The Website, its Content and all related rights shall remain the
exclusive property of Bodystance GmbH, its affiliated companies or its licensors unless otherwise
expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Bodystance GmbH, its affiliated companies or
its licensors as appropriate. Except as may be otherwise indicated in specific documents within the
Website, you are authorised to view, play, print and download Content found on the Website for
personal, informational, and non-commercial purposes only. You may not modify any of the
materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any Content. You may not reuse any Content without
first obtaining the consent of Bodystance. For purposes of these terms, the use of any such Content
on any other Website or networked computer environment is prohibited. You will not remove any
copyright, trademark or other proprietary notices from Content found on the Website.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of
any kind. The information on the Website is for general information purposes only and does not
Bodystance does not represent or warrant that the information and/or facilities contained in the
Website are accurate, complete or current, or that the Website or the server that makes the Website
available are free of viruses or any other harmful components. Further, Bodystance will not provide
for specific IT infrastructure or connectivity. Thus Bodystance cannot represent or warrant the
Website will be uninterrupted or error free. Bodystance does not make any warranties or
representations regarding the use of the Content on the Website in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent
permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither Bodystance, nor any of its employees, officers,
directors nor any of its agents or any other party involved in creating, producing or delivering the
Website will be liable for any direct, indirect, special, consequential or other damages that result
from the use of, or the inability to use, the Content on the Website, including damages caused by
viruses or any incorrectness or incompleteness of the information on the Website, or the
performance of the products or otherwise arising out of or in connection with these Use of Website
Terms and Conditions, even if Bodystance has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Website, links to Websites that are owned and
controlled by third parties may be provided from time to time. These links take you outside
Bodystance’ service and off the Website and are beyond Bodystance’ control. This includes links to
partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can
responsible and cannot be held liable for the content and activities of these Websites. You therefore
visit/access these Websites entirely at your own risk.
Please note that these other Websites may send their own cookies to users, collect data or solicit
policies on those Websites prior to using them.
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as
defined below) which infringes or may infringe third party intellectual property rights or which is
threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic,
abusive, discriminating, illegal or which could constitute or encourage conduct that would be
considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil
liability or violate any law. Bodystance may deny you access to the Website at any time in its sole
discretion, and which shall include situations where Bodystance believes that your use of the
Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or
device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the
structure or presentation of the Website or any of its content or (b) to interfere with the operation of
the Website or any transaction being made on the Website or interfere or affect any person’s use of
the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any
system connected to the Website by hacking, password mining or other illegitimate or unauthorised
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions,
information, videos and other materials (including your personalisation of Customised Products) that
you or other users of the Website post to the Website or transmit using the Website (“User
Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Bodystance
shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties
any User Generated Content for any purpose, in any medium and throughout the world (license
grant). You acknowledge and agree that Bodystance only acts as a passive conduit for the distribution
of the User Generated Content and is not responsible or liable to you or to any third party for the
content or accuracy of the User Generated Content. Bodystance shall not be continuously monitoring
User Generated Content published by you or moderating between users, nor shall Bodystance be
under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and
agree that any remarks, opinions, comments, suggestions and other information expressed or
included in the User Generated Content do not necessarily represent those of Bodystance. Any use
by you of the User Generated Content is entirely at your own risk. You represent and warrant that
any User Generated Content posted or transmitted by you is original to you and does not copy the
work of any third party or otherwise infringe any third party intellectual property rights, rights of
privacy or personality rights and does not contain any defamatory or disparaging statements.
Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated
in this paragraph. You agree to indemnify and keep Bodystance and its affiliated companies
indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by
Bodystance or its affiliated companies related to any User Generated Content posted or transmitted
by you or your other use of the Website.
Bodystance reserves the right at its sole discretion to block or remove (in whole or part) any User
Generated Content posted or transmitted by you and which Bodystance believes is not in accordance
with these Use of Website Terms and Conditions (including materials which infringe or may infringe
third party intellectual property rights, rights of privacy or personality rights), or is otherwise
unacceptable to Bodystance.
You agree to promptly notify Bodystance in writing (see How to Contact Us below for contact details)
of any User Generated Content (or other Content) which breaches these Use of Website Terms and
Conditions. You agree to provide to Bodystance sufficient information to enable Bodystance to
investigate whether such User Generated Content (or other Content) breaches these Use of Website
Terms and Conditions. Bodystance agrees to make good faith efforts to investigate such complaint
and shall take such action as Bodystance in its sole discretion decides. However, Bodystance does not
warrant or represent that it will block or remove (in whole or part) such User Generated Content or
3.8 UNSOLICITED IDEAS
Bodystance maintains the policy of not reviewing or accepting any unsolicited submissions of ideas,
inventions, designs and/or other materials related to Bodystance whether consisting of texts,
images, sounds, software, information or otherwise (the “Materials”) from persons external to
Bodystance. You should therefore not post any Materials on the Website or send these to
Bodystance by e-mail or otherwise.