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TERMS AND CONDITIONS OF THE COMPANY BODYSHAKE®

§1 START OF CONTRACT, DELIVERY

  1. THE ITEM BEING PURCHASED WILL BE SUPPLIED BY THE CUT-OFF DATE AGREED UPON IN THE PURCHASE CONTRACT OR IN THE CONFIRMATION OF THE ORDER.
  2. THE VENDOR IS OBLIGED TO TRANSFER INTO THE OWNERSHIP OF THE PURCHASER A PURCHASED ITEM THAT IS FIT FOR USE AND IN PROPER WORKING ORDER. THIS OBLIGATION IS FULFILLED AT THE TIME THAT THE VENDOR HAS INSPECTED THE PURCHASED ITEM IN ACCORDANCE WITH § 4
  3. OUR OFFERS ARE SUBJECT TO CHANGE. WE RESERVE THE RIGHT TO MAKE TECHNICAL CHANGES AS WELL AS CHANGES IN SHAPE, COLOUR AND/OR WEIGHT WITHIN THE BOUNDS OF WHAT IS CONSIDERED TO BE REASONABLE.
  4. THE CONTRACT IS CONCLUDED SUBJECT TO THE PROVISO THAT THE VENDOR IS SUPPLIED ON TIME WITH THE CORRECT GOODS BY HIS OWN SUPPLIERS. THIS ONLY APPLIES IN THE EVENT THAT WE ARE NOT ACCOUNTABLE FOR THE NON-DELIVERY OF THE SUPPLIES. THE CONTRA PAYMENT IS REIMBURSED IMMEDIATELY.
  5. IF THE SERVICE CHARGED FOR BY THE VENDOR IS NOT AVAILABLE DUE TO UNFORESEEN CIRCUMSTANCES OR CIRCUMSTANCES THAT ARE NOT THE FAULT OF THE VENDOR, THEN THE VENDOR IS ENTITLED TO WITHDRAW FROM THE CONTRACT IF HE INFORMS THE PURCHASER IMMEDIATELY OF THE NON-AVAILABILITY OF THE SERVICE. THE CONTRA PAYMENT IS REIMBURSED IMMEDIATELY.
  6. THE BUYER WILL ARRANGE ALL NECESSARY AUTHORIZATIONS FOR THE SETTING UP OF THE MACHINE AT HIS OWN COSTS AND IS RESPONSIBLE FOR MAINTAINING THEM FOR AS LONG AS HE IS USING THE MACHINE.

§2 PAYMENT OF PURCHASE PRICE AND ARREARS

  1. THE PURCHASE PRICE MUST BE PAID WITHIN 10 DAYS OF THE DATE OF THE INVOICE. AFTER THIS PERIOD THE CUSTOMER IS IN DEFAULT OF PAYMENT.
  2. THE PURCHASE PRICE FOR MACHINES IS EX-WAREHOUSE. IN THE EVENT OF GOODS PURCHASED HAVING TO BE DISPATCHED ALL FREIGHT COSTS ARISING ARE UNDERSTOOD TO BE IN ADDITION TO THE PURCHASE PRICE.
  3. THE PURCHASER MAY ONLY OFFSET COUNTERCLAIMS THAT ARE LEGAL AND ACKNOWLEDGED BY US AGAINST THE PURCHASE PRICE DEMANDED BY THE VENDOR.

§3 RESERVATION OF OWNERSHIP

  1. OWNERSHIP OF THE ITEM PURCHASED ONLY TRANSFERS TO THE PURCHASER ONCE ALL CLAIMS RESULTING FROM THE BUSINESS RELATIONSHIP HAVE BEEN PAID IN FULL.
  2. IN THE EVENT OF BEHAVIOUR ON THE PART OF THE PURCHASER WHICH CONTRAVENES THE PRESENT CONTRACT, IN PARTICULAR FALLING BEHIND WITH PAYMENTS, THE VENDOR IS ENTITLED TO TAKE BACK THE GOODS AND THE PURCHASER IS OBLIGED TO RETURN THEM.
  3. THE PURCHASER MAY NOT PLEDGE THE ITEM BEING PURCHASED PRIOR TO THE TRANSFER OF OWNERSHIP NOR TRANSFER IT AS SURETY. HE MUST INFORM THE VENDOR IMMEDIATELY OF ATTEMPTS BY THIRD PARTIES TO SEIZE THE GOODS AND SEND ALL AVAILABLE DOCUMENTATION TO HIM (E.G. RECORD OF ATTACHMENT).
  4. THE PURCHASER IS OBLIGED TO TREAT THE ITEM PURCHASED WITH DUE CARE AND ATTENTION PRIOR TO THE FULL PURCHASE PRICE BEING PAID AS PER THE ACCOMPANYING OPERATING INSTRUCTIONS. IN PARTICULAR, HE IS OBLIGED TO HAVE ANY REPAIRS THAT BECOME NECESSARY CARRIED OUT WITHOUT DELAY AND IN A PROFESSIONAL MANNER BY THE VENDOR OR A FIRM ENGAGED BY THE VENDOR AT THE EXPENSE OF THE PURCHASER.
  5. THE PURCHASER IS OBLIGED TO INFORM US AT ANY TIME ON REQUEST WHERE THE GOODS, THE OWNERSHIP OF WHICH IS RESERVED, ARE INSTALLED AND TO ALLOW THOSE PERSONS ENGAGED BY US ACCESS TO THEM FOR INSPECTION PURPOSES.

§4 INSPECTION

  1. THE PURCHASER IS OBLIGED TO CHECK IMMEDIATELY THAT THE ITEM PURCHASED, AND WHICH HAS BEEN DULY DELIVERED TO HIM, IS FIT FOR USE AND IS IN PROPER WORKING ORDER IN ACCORDANCE WITH §§ 377, 378 OF THE COMMERCIAL CODE AND TO LODGE ANY COMPLAINT WITH REGARD TO ANY DEFICIENCIES OR DEFECTS RELATING TO THE ITEM PURCHASED IMMEDIATELY IN WRITING, HOWEVER WITHIN ONE WEEK AT THE LATEST.
  2. UNLESS OTHERWISE AGREED IN WRITING THE PURCHASER IS OBLIGED TO BEAR THE COSTS OF DELIVERY AS WELL AS THE ASSEMBLY OF THE ITEM PURCHASED.

§5 TRANSFER OF RISK

  1. THE RISK OF ANY ACCIDENTAL LOSS OR DETERIORATION WITH REGARD TO THE ITEM PURCHASED PASSES TO THE PURCHASER WITH THE TRANSFER OF THE GOODS. IN THE EVENT OF THE GOODS PURCHASED BEING DISPATCHED THIS MEANS AT THE MOMENT THEY ARE DELIVERED TO THE CARRIER, THE FREIGHT FORWARDER OR ANY OTHER SPECIFIED PERSON OR INSTITUTION FOR THE PURPOSE OF EFFECTING SHIPMENT. THIS OCCURS IRRESPECTIVE OF WHETHER THE PURCHASER OR THE VENDOR COVERS THE COSTS OF SHIPMENT.
  2. TRANSFER TAKES PLACE JUST THE SAME IF THE PURCHASER IS BEHIND WITH THE ACCEPTANCE OF THE GOODS.

§6 WARRANTY

  1. THE VENDOR IS OBLIGED TO HAND OVER TO THE PURCHASER A PURCHASED ITEM THAT IS FIT FOR USE AND IS IN PROPER WORKING ORDER. THIS OBLIGATION IS FULFILLED THE MOMENT THAT THE PURCHASER HAS INSPECTED THE ITEM PURCHASED IN ACCORDANCE WITH § 4 PARAGRAPH 1 AND PARAGRAPH 2.
  2. IN THE EVENT OF DEFECTS THE VENDOR COMMITS HIMSELF, IN THE FIRST INSTANCE, AS HE SO CHOOSES, TO REPAIR OR REPLACE THE DEFECTIVE COMPONENTS.

    IF REPAIR OR THE SUPPLY OF REPLACEMENT PARTS IS NOT POSSIBLE OR FINALLY FAILS, THEN THE PURCHASER CAN DEMAND A REDUCTION IN THE TERMS OF THE CONTRACT OR THE CANCELLATION OF THE CONTRACT. IN THE EVENT OF A MINOR BREACH OF THE CONTRACT, IN PARTICULAR IN THE CASE OF MINOR DEFECTS, THE PURCHASER DOES NOT, HOWEVER, HAVE ANY RIGHT TO WITHDRAW FROM THE CONTRACT. IF THE PURCHASER CHOOSES TO WITHDRAW FROM THE CONTRACT DUE TO A DEFICIENCY FOLLOWING A SUBSEQUENT FAILED ATTEMPT TO FULFIL THE CONTRACT, HE HAS NO RIGHT TO CLAIM FOR DAMAGES, IN ADDITION, DUE TO THE DEFICIENCY.
  3. THE CLAIMS OF THE PURCHASER UNDER THE WARRANTY COME UNDER THE STATUTE OF LIMITATIONS WITHIN 24 MONTHS OF THE DATE OF DISPATCH OF THE ITEM PURCHASED AND REQUIRE THAT THE MAINTENANCE AND OPERATIONAL REGULATIONS ARE OBSERVED IN ACCORDANCE WITH THE OPERATING INSTRUCTIONS SUPPLIED ALONG WITH THE ITEM PURCHASED. THE INAPPROPRIATE USE OF THE PRODUCT IS EXCLUDED FROM ANY WARRANTY; THIS INCLUDES NEGLIGENCE, MISUSE AND VANDALISM. THE WARRANTLY ALSO CEASES TO APPLY IN THE EVENT OF THE DEFICIENCY BEING ATTRIBUTABLE TO THE USE OF INAPPROPRIATE FILLING PRODUCTS (POWDER, SYRUP OR CUPS, WHICH ARE NOT BEING SUPPLIED BY BODYSHAKE®) MISCELLANEOUS ACCESSORIES.
  4. THE WARRANTY ONLY COVERS DEFICIENCIES THAT RENDER THE ITEM PURCHASED UNUSABLE AS A RESULT OF AN INHERENT DEFECT AT THE TIME OF TRANSFER OR RESTRICT IST USABILITY TO A NOT INCONSIDERABLE EXTENT. IN PARTICULAR, SUBSEQUENT DEFICIENCIES CAUSED BY WEAR AND TEAR (IN PARTICULAR ALL COMPONENTS COMING INTO CONTACT WITH WATER AND THEREBY NATURALLY EXPOSED TO FURRING AND WEAR AND TEAR, SEALS, MAGNETIC VALVES, BOILING PISTONS AND CYLINDERS ETC.) ARE EXCLUDED FROM THE WARRANTY.
  5. THE VENDOR OFFERS A WARRANTY OF ONLY 12 MONTHS ON THE FOLLOWING COMPONENTS FORMING PART OF THE ITEM PURCHASED: MIXER AND FAN MOTORS, BOILING AND WIPING MOTORS ALONG WITH GEARS, GTS 80 CUP-PULSE SYSTEM, LIGHT FITTINGS AND ELECTRONICS, FACINGS MADE OF LEXAN AND PLEXIGLASS, SAFETY CATCHES AND PAINTWORK. HOWEVER, A CLAIM UNDER THE WARRANTY ONLY ARISES TO THE EXTENT THAT ANY DEFICIENCIES ARE NOT DUE TO THE NATURAL WEAR AND TEAR AFFECTING THESE COMPONENTS.
  6. THE PURCHASER MUST REPORT THE DISCOVERY OF A DEFECT TO THE VENDOR IN WRITING WITHIN ONE WEEK OF THE GOODS BEING TRANSFERRED OR, IN THE CASE OF A DEFECT THAT IS NOT OBVIOUS, WITHIN 14 DAYS OF ITS DISCOVERY. OTHERWISE ALL RIGHTS ARE EXTINGUISHED. TIMEOUS DISPATCH IS SUFFICIENT TO GUARANTEE THIS TIME LIMIT. THE BURDEN OF PROOF FALLS ENTIRELY ON THE PURCHASER IN RESPECT OF ALL THE PRECONDITIONS FOR CLAIMS, IN PARTICULAR WITH REGARD TO THE PRESENCE OF THE DEFECT AT THE TIME OF TRANSFER ITSELF, THE TIME THAT THE DEFECT IS DISCOVERED AND THE TIMEOUS LODGING OF THE COMPLAINT OVER DEFECTS OR DEFICIENCIES.
  7. ANY WARRANTY OFFERED BY THE VENDOR IS CANCELLED AS A RESULT OF REPAIR WORK AND/OR MAINTENANCE WORK CARRIED OUT BY THE PURCHASER OR THIRD PARTIES WITHOUT THE CONSENT OF THE VENDOR, OR IN THE EVENT OF THE USE OF INAPPROPRIATE FILLING PRODUCTS OR OTHER INTERVENTIONS.
  8. THE COSTS INVOLVED IN DISPATCHING A SERVICE TECHNICIAN BELONGING TO THE VENDOR (TRAVEL EXPENSES AND TRAVEL ALLOWANCES) AS WELL AS FREIGHT AND PACKING EXPENSES ARE CHARGED TO THE PURCHASER IN ALL INSTANCES OF A CLAIM UNDER THE WARRANTY.

§7 FILLING PRODUCTS

  1. THE BODYSHAKE® MACHINE MUST BE FILLED WITH BODYSHAKE® POWDER ONLY.
  2. AT NO POINT, THE MACHINE SHALL BE FILLED WITH OTHER POWDER THAN THE POWDERS SUPPLIED BY BODYSHAKE®.
  3. THE BODYSHAKE® MACHINE MUST BE FILLED WITH SYRUPS ONLY SUPPLIED BY BODYSHAKE®.
  4. AT NO POINT, THE MACHINE SHALL BE FILLED WITH OTHER SYRUP THAN THE SYRUP SUPPLIED BY BODYSHAKE®.
  5. THE BODYSHAKE® MACHINE MUST BE FILLED WITH CUPS ONLY SUPPLIED BY BODYSHAKE®.
  6. AT NO POINT, THE MACHINE SHALL BE FILLED WITH OTHER CUPS THAN THE CUPS SUPPLIED BY BODYSHAKE®.
  7. POWDER, SYRUP AND CUPS NOT PROVIDED BY BODYSHAKE® IS CONSIDERED UNSUITABLE.
  8. THE BODYSHAKE® MACHINE IS EQUIPPED WITH DATABOOM TELEMETRY SYSTEM. BODYSHAKE® ALWAYS HAS ACCESS TO ALL SALES DATA PROVIDED BY DATABOOM. THE LOGIN DATA IS MANAGED BY BODYSHAKE®. THE DATA PROVIDED BY DATABOOM FORM THE BASIS FOR THE VERIFICATION OF THE USE OF THE APPROPRIATE FILLING PRODUCTS. ALL COSTS ASSOCIATED WITH DATABOOM ARE BORNE BY THE BUYER.
  9. THE WARRANTY DOES NOT APPLY IF A DEFECT IS DUE TO THE USE OF UNSUITABLE FILLING PRODUCTS.
  10. THE BODYSHAKE® MACHINE AND THE BODYSHAKE® POWDERS AS WELL AS THE SYRUP AND THE CUPS SUPPLIED BY BODYSHAKE® FORM A PRODUCT UNIT. BODYSHAKE® IS ENTITLED TO SUE THE BUYER FOR ANY DAMAGE DONE TO THE REPUTATION OF THE COMPANY CAUSED BY THE USE OF UNSUITABLE PRODUCTS.

§8 LIMITATIONS OF LIABILITY

  1. THE VENDOR IS NOT LIABLE FOR THE SLIGHT INVOLUNTARY BREACH OF INSIGNIFICANT CONTRACTUAL OBLIGATIONS.
  2. THE ABOVE-MENTIONED LIMITATIONS OF LIABILITY DO NOT APPLY TO CLAIMS MADE BY THE PURCHASER RELATING TO PRODUCT LIABILITY. FURTHERMORE, THE LIMITATIONS OF LIABILITY DO NOT APPLY IN THE EVENT OF PHYSICAL INJURIES AND DAMAGE TO HEALTH THAT CAN BE ATTRIBUTED TO US OR IN THE EVENT OF LOSS OF LIFE.
  3. COMPENSATION CLAIMS ON THE PART OF THE PURCHASER DUE TO A DEFECT ARE STATUTE-BARRED ONE YEAR FOLLOWING THE DELIVERY OF THE GOODS. THIS DOES NOT APPLY IF WE CAN BE BLAMED FOR GROSS NEGLIGENCE.
  4. IF THE PURCHASER CHOOSES TO WITHDRAW FROM THE CONTRACT DUE TO A DEFECT FOLLOWING A FAILED ATTEMPT TO SUBSEQUENTLY FULFIL THE CONTRACT, HE IS NOT ENTITLED TO CLAIM COMPENSATION, IN ADDITION, DUE TO THIS DEFECT.
  5. IF THE PURCHASER CHOOSES COMPENSATION FOLLOWING A FAILED ATTEMPT TO SUBSEQUENTLY FULFIL THE CONTRACT, THEN THE ITEM PURCHASED REMAINS WITH THE PURCHASER, IF IT IS REASONABLE FOR HIM TO DO THIS. COMPENSATION IS LIMITED TO THE DIFFERENCE BETWEEN THE PURCHASE PRICE AND THE VALUE OF THE DEFECTIVE ITEM. THIS DOES NOT APPLY IF THE BREACH OF THE CONTRACT HAS BEEN FRAUDULENTLY CAUSED BY THE VENDOR.
  6. THE PURCHASER IS OBLIGED TO INSURE THE ITEM PURCHASED AGAINST ALL THE USUAL RISKS, IN PARTICULAR AGAINST FIRE AND RISKS DUE TO WATER LEAKING FROM THE ITEM PURCHASED AND TO SUBMIT THE INSURANCE AGREEMENT CONCLUDED ON REQUEST TO THE VENDOR.

§9 ASSEMBLY

  1. IN THE CASE OF DAMAGE ARISING WITHIN THE CONTEXT OF ASSEMBLY WORK CARRIED OUT BY THE VENDOR, THE VENDOR IS LIABLE FOR HIS LEGAL REPRESENTATIVES OR FOR THOSE HELPING TO EXECUTE THE CONTRACT ONLY IN THE EVENT OF CRIMINAL INTENT OR GROSS NEGLIGENCE.
  2. THIS DOES NOT APPLY IN THE CASE OF PHYSICAL INJURIES OR DAMAGE TO HEALTH THAT CAN BE ATTRIBUTED TO US OR IN THE EVENT OF LOSS OF LIFE.

§10 FINAL PROVISIONS

  1. AMENDMENTS AND ADDITIONS TO THE PRESENT CONTRACT REQUIRE TO BE PUT IN WRITING IN ORDER TO BECOME EFFECTIVE. SUBSIDIARY AGREEMENTS HAVE BEEN MADE AS UNDER § 4 IN THE CONTRACT.
  2. OUR GENERAL TERMS AND CONDITIONS APPLY EXCLUSIVELY TO THE PRESENT CONTRACT; OTHER PROVISIONS DO NOT FORM PART OF THE CONTENTS OF THE CONTRACT, EVEN IF THESE ARE NOT EXPRESSLY CONTRADICTED.
  3. IF THE CUSTOMER IS A BUSINESSMAN, A LEGAL ENTITY UNDER PUBLIC LAW OR A SEPARATE PROPERTY UNDER PUBLIC LAW, OUR REGISTERED OFFICE IS THE LEGAL DOMICILE AND PLACE OF FULFILMENT FOR ALL OBLIGATIONS ARISING FROM OR CONNECTED WITH THE PRESENT CONTRACT. HOWEVER, THE VENDOR IS ENTITLED TO SUE THE PURCHASER AT THE LOCATION OF HIS BRANCH OFFICE.
  4. THE APPLICABLE LAW IS THAT OF THE FEDERAL REPUBLIC OF GERMANY. THE PROVISIONS OF THE UN SALES LAW DO NOT APPLY.

§11 SUCCESSION CLAUSES

  1. THE RIGHTS AND OBLIGATIONS UNDER THESE GENERAL TERMS AND CONDITIONS APPLY TO ALL OWNERS OF A BODYSHAKE® MACHINE. IF THE BUYER RESELLS THE MACHINE, THE RIGHTS AND OBLIGATIONS FROM THESE TERMS AND CONDITIONS APPLY TO THIS FOLLOW-UP BUYER AND ALL OTHER FOLLOW-UP BUYERS.
  2. THE SALE OF THE MACHINE DOES NOT RELEASE THE BUYER FROM HIS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS. THE OBLIGATION DOES NOT APPLY IF THE CUSTOMER OBLIGES THE NEW OWNER IN WRITING TO THE UNRESERVED FULFILLMENT OF OUR GENERAL TERMS AND CONDITIONS (IN PARTICULAR §7 FILLING PRODUCTS) SO THAT BODYSHAKE® CAN DEMAND IMMEDIATE FULFILLMENT OF THE GTC FROM THE NEW OWNER.
  3. IN CASE OF A RESALE OF THE MACHINE, THE BUYER IS OBLIGATED TO INFORM US WHERE THE MACHINE IS INSTALLED. IN ADDITION, THE BUYER IS OBLIGED TO CONTACT US WITH THE FOLLOW-UP BUYER AND TO PROVIDE US WITH ALL DATA (NAME, FIRST NAME, COMPANY, ADDRESS, EMAIL, TELEPHONE NUMBER) INCLUDING THE PROOF OF IDENTITY (EG SCAN OF ID CARD).

§12 SERVICE AND DELIVERY

  1. BODYSHAKE® SHALL, UPON REQUEST, SUPPLY THE CUSTOMER WITH THE FILLING PRODUCTS ORDERED BY HIM ON THE BASIS OF THE CURRENTLY VALID PRICE LIST.
  2. THE CUSTOMER SHALL COLLECT AND MAINTAIN ALL NECESSARY PERMITS FOR THE DELIVERY OF GOODS AT HIS OWN EXPENSE AS LONG AS HE OPERATES THE MACHINE.
  3. THE CUSTOMER CARRIES OUT THE FILLING OF THE MACHINE WITH FILLING PRODUCTS AND THEIR STORAGE, OBSERVING THE OPERATING INSTRUCTIONS OF THE MACHINE, THE RELEVANT LEGAL REGULATIONS AND HYGIENE REGULATIONS AS WELL AS THE MINIMUM DURABILITY DATA OF THE RESPECTIVE FILLING PRODUCTS. FURTHERMORE, THE CUSTOMER IS OBLIGATED TO CARRY OUT THE CLEANING OF THE VENDING MACHINE IN COMPLIANCE WITH ALL LEGAL REGULATIONS AND HYGIENE REGULATIONS. WHEN PERFORMING THE CLEANING, THE OPERATING INSTRUCTIONS FOR THE MACHINE MUST ALSO BE OBSERVED.
  4. A FAILURE OF THE MACHINE IN CASE OF BURGLARY, DAMAGE, LOSS, VANDALISM, LIGHTNING, FIRE, ETC. DOES NOT AFFECT THE CUSTOMER'S PAYMENT OBLIGATIONS.
  5. BODYSHAKE® IS ENTITLED TO ADJUST THE MONTHLY SERVICE CHARGES ACCORDING TO THE CHANGE IN THE AVERAGE WAGE LEVEL AND THE OPERATING MATERIALS USED. THE ADJUSTMENT TAKES EFFECT AT THE BEGINNING OF THE MONTH FOLLOWING THE ACCESS OF A CORRESPONDING ADJUSTMENT REQUIREMENT. AN ADJUSTMENT IS NOT POSSIBLE WITHIN THE FIRST 24 MONTHS.
  6. BODYSHAKE® IS ONLY WILLING TO SELL TO CUSTOMERS WHO USE THE GOODS EXCLUSIVELY FOR OR WITHIN THE SCOPE OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY. IF, HOWEVER, A CUSTOMER WHO IS A CONSUMER ORDERS GOODS AND SUPPLIES THEM, HE UNDERTAKES TO PAY BODYSHAKE® A CONTRACTUAL PENALTY OF THREE TIMES THE ORDER VALUE. BODYSHAKE® RESERVES THE RIGHT TO CLAIM FURTHER DAMAGES.
  7. BODYSHAKE® RESERVES THE RIGHT TO ACCEPT OR REJECT THE OFFERS TO BE SEEN IN ORDERS FROM CUSTOMERS ON THE CONCLUSION OF A CONTRACT WITHIN THE FOLLOWING 4 WEEKS. THE ACCEPTANCE AND REJECTION MAY ALSO BE RESTRICTED TO INDIVIDUAL ORDERED GOODS ONLY IF THE OTHER GOODS ARE NOT AVAILABLE AND IT IS NOT OBVIOUS THAT THE CUSTOMER HAS NO ECONOMIC INTEREST IN THE REMAINING GOODS AND / OR SERVICES. IF THE CUSTOMER HAS ALREADY PAID FOR THE PRODUCTS FOR WHICH A CONTRACT DOES NOT COME, BODYSHAKE® REIMBURSES THEM IMMEDIATELY.
  8. BODYSHAKE® RESERVES THE RIGHT TO RESCIND THE CONTRACT FOR NON-AVAILABLE PRODUCTS. BODYSHAKE® INFORMS THE CUSTOMER OF THE NON-AVAILABILITY IMMEDIATELY AND REIMBURSES AT THE SAME TIME FOR THIS PRODUCT PAYMENTS ALREADY MADE.
  9. THE RISK OF THE LOSS OF THE GOODS PASSES TO THE CUSTOMER UPON DELIVERY TO THE CARRIER. IN THE EVENT OF RETURN, THE CUSTOMER BEARS THE RISK OF THE LOSS OF THE GOODS UNTIL BODYSHAKE® ARRIVES, UNLESS BODYSHAKE® IS RESPONSIBLE FOR THE RETURN.
  10. THE CUSTOMER BEARS THE COST OF THE SHIPMENT FOR RETURN, UNLESS BODYSHAKE® CLAIMS RESPONSIBILITY FOR THE RETURN.
  11. IF BODYSHAKE® INCURS COSTS THAT THE PAYMENT OWED BY THE CUSTOMER COULD NOT BE REALIZED ON THE AGREED PAYMENT METHOD, OR IF A PAYMENT REALIZED INITIALLY HAS BEEN CANCELED, THE CUSTOMER WHO IS RESPONSIBLE FOR THIS SHALL PAY BODYSHAKE® 15.00 € TO COVER ALL ASSOCIATED COSTS. BODYSHAKE® RESERVES THE RIGHT TO ASSERT FURTHER DAMAGES AS WELL AS TO PROVE THE CUSTOMER A LOWER LOSS.
  12. THE CUSTOMER HAS NO RIGHT TO THE SAME TASTE AND THAT PACKAGING USED CORRESPONDS TO THE ILLUSTRATIONS. CHANGES IN THE COMPOSITION OF PRODUCTS THEREFORE CAUSE JUST AS LITTLE A DEFECT AS THE USE OF PACKAGING WHICH DOES NOT CORRESPOND TO THE ILLUSTRATIONS.
  13. THE CUSTOMER ASSERTS IMMEDIATELY AGAINST BODYSHAKE® ALL DAMAGES AND DEFICIENCIES. BODYSHAKE® SHALL NOT ASSERT ANY OBVIOUS DAMAGE OR DEFICIENCIES WITHIN ONE YEAR FROM THE END OF THE YEAR IN WHICH HE RECEIVED THE GOODS, IN SO FAR AS THEY ARE NOT DEFECTS AND DAMAGES WHICH, IF THE DUE DILIGENCE IS TAKEN INTO ACCOUNT. AFTER EXPIRY OF THE RESPECTIVE DEADLINE, THE CUSTOMER CAN NO LONGER RELY ON THE RESPECTIVE DEFECT.
  14. THE LIABILITY OF BODYSHAKE® FOR ANY DAMAGES IS EXCLUDED, EXCEPT FOR DAMAGES FROM THE INJURY OF LIFE, BODY OR HEALTH, WHICH ARE BASED ON A NEGLIGENT BREACH OF DUTY BY BODYSHAKE® OR AN INTENTIONAL OR NEGLIGENT BREACH OF DUTY BY A LEGAL REPRESENTATIVE OR VICARIOUS AGENTS OF BODYSHAKE®. THE EXCLUSION OF LIABILITY ALSO DOES NOT APPLY TO OTHER DAMAGES WHICH RESULT FROM A GROSSLY NEGLIGENT BREACH OF DUTY BY BODYSHAKE® OR A DELIBERATE OR GROSSLY NEGLIGENT BREACH OF DUTY BY A LEGAL REPRESENTATIVE OR VICARIOUS AGENTS OF BODYSHAKE®.
  15. THE CUSTOMER UNDERTAKES TO USE PRODUCTS ACCORDING TO THE MARKING AND TO DO EVERYTHING TO ENSURE THAT THEY CAN ONLY BE USED ACCORDING TO THE MARKING.
  16. UNLESS OTHERWISE AGREED OR COMPULSORY BY LAW BETWEEN THE PARTIES, CLAIMS BASED ON DEFICIENCIES AGAINST BODYSHAKE® EXPIRE WITHIN ONE YEAR FROM THE END OF THE YEAR IN WHICH THE CLAIM AROSE AND THE CUSTOMER WAS INFORMED OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM OR WITHOUT GROSS CLAIMS NEGLIGENCE.
  17. THE INCLUSION OF GENERAL BUSINESS RELATIONSHIPS OF THE CUSTOMER IS HEREBY EXPRESSLY REJECTED.
  18. THE CUSTOMER IS OBLIGATED TO GRANT THE EMPLOYEES OF BODYSHAKE® ACCESS TO THE MACHINE DURING NORMAL BUSINESS HOURS.
  19. THE CUSTOMER CAN ONLY SET OFF CLAIMS WHICH ARE UNDISPUTED OR LEGALLY ESTABLISHED.
  20. BODYSHAKE® SHALL BE ENTITLED TO STORE THE DATA NECESSARY FOR THE PROCESSING OF THE TRANSACTIONS AND TO USE THEM FOR PROCESSING IN COMPLIANCE WITH THE PROVISIONS OF THE FEDERAL DATA PROTECTION ACT. AS FAR AS THE CUSTOMER'S DATA CHANGE, THE CUSTOMER IS OBLIGATED TO INFORM BODYSHAKE® IMMEDIATELY IN WRITING.
  21. IF INDIVIDUAL PROVISIONS OF THE TERMS OF DELIVERY OR THE CONTRACT CONCLUDED BETWEEN BODYSHAKE® AND THE CUSTOMER ARE INVALID, THIS SHALL NOT AFFECT THE EFFECTIVENESS OF THE CONTRACT.