BODYSTANCE TERMS & 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”).
- PURCHASE TERMS
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 by us.
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 complete.
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 order.
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) order.
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 warehouse; or
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 reason.
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 earlier.
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 Products.
- 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 Website immediately.
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 constitute advice.
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
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 means.
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 other Content.
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.