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Terms and Conditions
Terms and conditions
Of the company
MoveYa! Lifestyle Kontor GmbH
Luisenweg 7
20537 Hamburg
Germany

Remark: The German terms and conditions are the ones which are authoritative for any business between MOVE YA! and its customers. These translated terms are only a service for our international customers. In case of translation or legal mistakes, the german terms will take the place of the english terms.

§ 1 Preliminary note/object of the general business conditions

Object of the following business conditions is the sale of aerobics CDs, Videos-, books and small equipment. The contracts take place only on the respectively valid general business terms. Individual regulations agreed on by contract within the contract relationship are more important than the general business conditions. If individual regulations should be ineffective, then the other regulations remain effective. General business conditions of the buyer are agreed only in this respect effectively, if MoveYa! has been taken to the knowledge on time and as far as they don't stand contrary to the individually contractual regulations like also the following ones.

§ 2 Use of the products

The CDs and further products of MoveYa! are produced and sold exclusively for the use in fitness clubs, sports schools etc.. These CDs as well as the further products may be played or used only in the appropriate premises/localities (e.g. course rooms). A general private use or a regular purchase by consumers is particularly excluded in accordance with § 13 BGB.

§ 3 General remarks/prices

  • Every product represented on the web site and situated in the current catalogues serves merely the information and doesn't represent supply in the legal meaning.
  • All prices mentioned on the web site are inclusive VAT/ sales tax.

§ 4 Order and order acceptance

  • Orders are possible by letter, fax, e-mail or telephone. With the entrance at MoveYa! the orders are regarded as assumed.
  • If a product is at the time of the order or at all undeliverable, the customer receives a communication about this. In this case the order is regarded as not assumed.

§ 5 Delivery dates/delivery time

If there is a local distributor in the customer's country, the customer will be delivered by this distributor. In this case, the customer subject to the delivery terms of this customer. In case of no local distributor, the following terms are authoritative:
  • If a delivery time is agreed or required, the following is valid: The delivery dates mentioned by MoveYa! are non-committal, unless they have particularly been confirmed in writing by MoveYa! as an "obligatory delivery date".
  • The delivery of MoveYa! is under reservation of the self supplying. MoveYa! will immediately make announcement for the buyer if a self supplying doesn't take place. If a self supplying doesn't take place, the sales contract is regarded as not closed. An obtaining risk taken on of MoveYa! doesn't exist.
  • Prerequisite of the compliance with the delivery time is the punctual fulfillment of the contractual duties taken by the buyer, particularly the performance of the payments agreed on and if necessary the observance of securities agreed on. The run of delivery periods agreed on is interrupted as long as the buyer is in the delay with his payment and removal obligations opposite the company MoveYa!. Partial deliveries particularly are permitted.
  • In the case of a represented delay of MoveYa! the buyer only then is entitled to the assertion of broader rights, if an extension set by him according to delay admission of at least three weeks has passed fruitlessly.
  • If a COD parcel ordered by the buyer is returned to MoveYa! (e.g. because it isn't collected), MoveYa! calculates the arising transportation costs and cash on delivery costs of this delivery plus a processing flat rate of EUR 5,00. The amount is billed for on the renewed delivery.
  • The delivery period becomes straight away around the duration of the hindrance at acts of god, work measures, official orders as well as unencumbered breakdowns, extended by 5 weeks at the latest, however. If the hindrance goes out more than 5 weeks, then the company MoveYa! has the right to withdraw from the contract.

§ 6 Shipping

  • If a shipping of the ordered product is required, this is then carried out of seat from MoveYa! on invoice and the risk of the buyer as. For lack of special agreements the choice of the transportation enterprise as well as the type of the means of transportation are up to MoveYa!. The danger also changes with the dispatch from seat of MoveYa! on the buyer if a freight paid delivery is agreed.
  • If the shipping is delayed by circumstances which the buyer has to represent, then the danger changes already in the time of the dispatch readiness on the buyer. The buyer has to bear the costs (particularly store expenses) arising from the delay.
  • Unless a corresponding obligation in writing has been taken on by MoveYa!, MoveYa! isn't obliged to insure the shipment against damages in transit or having insured.
  • The products are shipped by UPS (in european countries) or by Federal Express (in non-european countries). If a customer wishes to be delivered by regular (and cheaper) postal service, he has to give notice to MOVE YA! by email to "info@move-ya.de"

§ 7 Liability for lacks

  • The buyer is obliged to examine the delivered product immediately after delivery and to inform MoveYa! in writing immediately about existing lacks (at the latest until next but one working day following on the delivery). Lacks which were reproached with a delay therefore contrary to the prominent obligation, aren't taken into account by MoveYa! and are excluded by the guarantee. Customer's complaints are appreciated by MoveYa! as such only when they were informed about in writing. Reprimands which are asserted opposite field service employees or transporter and opposite other third parties don't represent any reprimands which are correct and in due time.
  • The required return to MoveYa! in the case of a lack of the product, can be carried out only with the previous consent. Returns which are carried out without previous consent of MoveYa! don't need to be accepted by it. In this case the buyer bears the costs of the return.
  • To the case that due to a justifiable customer's complaint an improvement or substitute delivery is carried out correspondingly, the regulations over the delivery time apply.
  • The being about a lack noticed as such and informed by an effective customer's complaint justifies the following rights of the buyer:
  • In the case of the deficiency the buyer has the right to ask after-fulfillment of the supplier. The right to vote if a new delivery of the thing or a lack remedying takes place, affects MoveYa! in an own estimation, whether.
  • Furthermore MoveYa! has the right to carry out a recent fulfillment at failure of an after-fulfillment test. In turn this one happens after a choice of his own. If only the repeated after-fulfillment fails, the right is entitled to the buyer to withdraw from the contract or to decrease the purchase price.
  • In cases of more negligently or more deliberately roughly injury of the obligation for the delivery of lack free things the buyer can demand compensation or a replacement of vain charges. He has to prove the entered damage after the reason and after the height. The same applies to the vain charges.
  • The guarantee period is 1 year since delivery. In every case the buyer has to prove that the lack has already been at delivery.

§ 8 Liability for obligation injuries of MoveYa! as for the rest

  • Regardless of the regulations about the guarantee as well as other special regulations met in these regulations, the following is valid in cases of an obligation injury of MoveYa!:
  • For the elimination of the obligation injury to this one, the buyer has to grant MoveYa! an adequate after-fulfillment period. This mustn't fall three weeks. The buyer can withdraw and/or ask compensation from the contract only after an unsuccessful expiry of the after-fulfillment period.
  • Only in cases of roughly negligent or deliberate obligation injury by MoveYa!, the buyer can assert compensation. The compensation instead of the delivery (non-payment § 280 III in connection with § 281 BGB) as well as the delay damage (§ 280 II in connection with § 286 BGB) is limited on the negative interest. Compensation because of not rendered service or service not rendered as owed (§ 282 BGB) is limited on the amount of the purchase price. Compensation instead of the delivery in exclusion of the obligation (impossibility) is excluded.
  • The resignation is excluded if the buyer is alonely (or predominantly) responsible for the circumstances which would entitle him to the resignation. The resignation is also excluded if the circumstance entitling to the resignation has arisen during the mora accipiendi of the buyer.

§ 9 Payment conditions

  • All invoices have to be paid within the credit periods agreed on. If no credit periods have been agreed on, the invoices have to be paid net immediately. A cash discount requires the previous written agreement.
  • Authoritative for the preservation of the credit periods is the day of the unconditional credit note on the account of the company MoveYa!.
  • If an amount of MoveYa!, retracted justifiable of the buyer, goes return, MoveYa! charges the buyer at renewed direct debiting the arising costs in the amount of EUR 10.00. The total amount is retracted once more.
  • At transgression of the credit period and after reminder having been carried out the buyer has to pay default interest on the invoice figure in height of 8% above the respective base interest rate of the Federal Bank of Germany. The legal right of the company MoveYa! to the resignation and to the assertion of compensation because of non-payment remains untouched.
  • If checks aren't credited to by the drawee on schedule, then all elsewhere existing claims of MoveYa! get due opposite the buyer in this time. Elsewhere existing credit periods expire. The same applies to the case that a claim isn't paid on due date.
  • A restraint of the payment or a balancing because of existing counter-claims of the buyer is excluded with the exception of claims respected in writing or established finally.
  • All claims of MoveYa! against the buyer, identical from which facts of the case, are immediately due for the payment, if facts are put into effect, which entitles MoveYa! to the resignation in accordance with legal regulations or contractual regulations.

§ 10 Property reservation

  • All goods delivered, by MoveYa!, remain in the property of Move Ya! until the complete payment of the purchase price and until the complete handling out of the business relation of resulting claims. (extended property reservation). A disposal by the buyer taken over the product being under property reservation is allowed only in the regular commercial traffic of the buyer. In the context of the regular commercial traffic the product may become transfered to save to third parties under no circumstances.
  • In the case of the sale of the product in the regular commercial traffic, the paid purchase price steps to the job of the product. The buyer now hands over to MoveYa! already all claims arising from an eventual alienation. The buyer is authorized to retract this claim as long as he meets MoveYa! opposite his payment obligations. With consideration for the prolonged property reservation (ahead assignment of the respective purchase asked price) an assignment to third parties, particularly a credit institution, is in breach of contract agreement and therefore inadmissible. MoveYa! is authorized any time to check the sales documents of the buyer and to inform the buyers of the assignment.
  • If the claim of the buyer has been included in an account current from the resale, the buyer already hereby hands over his claim from the account current opposite his buyer to MoveYa!, too. The assignment is carried out in the height of the amount which MoveYa! had charged to the buyer for the further sold reservation product. In the case of the access of third parties (approximately by theft, distraint, bankruptcy) the buyer is obliged to make announcement to MoveYa! immediately as well as to show MoveYa! damages or the destruction to the product.
  • In the case of a distraint of the product with the buyer, MoveYa! has to be immediately taught about it, that the impounded product is under property reservation and that the product is delivered by MoveYa!, under transmission of a duplicate of the coercive execution protocol and a solemn insurance.
  • If the value of the securities, in accordance with the paragraphes of this number, exceed more than 20% till foreseeable duration, the amount of the claims, which are safeguarded by it and still open around, the buyer is authorized to ask the release of securities of MoveYa! in this respect when there is the transgression. Beginning with the first delivery, the ranking of the release claims determines itself alone, according to the temporal order of the goods deliveries.
  • The assertion of the rights of MoveYa! from the property reservation doesn't release the buyer from his contractual obligations. The value of the product in the time of the repurchase is imputed against the buyer merely on the existing claim of the supplier.

§ 10 Right of withdrawal of MoveYa!

MoveYa! is authorized to withdraw from the contract for the following reasons:
  • ...if arises that the buyer isn't creditworthy, contrary to the acceptance existing before contract end. Credit unworthiness can be accepted straight away in a case of the check protest, the payment attitude by the buyer or an unsuccessful coercive execution test with the buyer. It isn't required that it is a relation between MoveYa! and the buyer.
  • ...if proves that the buyer has made inappropriate statements with regard to his credit rating and these details are of a considerable meaning.
  • ...if the product, being under property reservation of MoveYa!, is sold differently than in the regular commercial traffic of the buyer, particularly by safeguarding transference or the distraint. There are only exceptions to it as far as MoveYa! has given his agreement to the alienation in writing.

§ 12 Cancellation

In the case the buyer cancels orders within the confirmed delivery date, MoveYa! is authorized to levy cancellation charges in the amount of 10% of the invoice figure. The proof is, however, allowed to the buyer that the actual charges of MoveYa! are lower. The return of the product is carried out at the expense of the buyer. Returns only are accepted by MoveYa! if they are stamped sufficiently. The CDs must be welded together in the original cover and the other products must be unused.

§ 13 Exchange

The buyer can exchange the product within a period of 7 days upon receipt of the product. CDs only can be exchanged if they are in the original cover welded together. The other products can be exchanged only unusedly. The return of the product is carried out at the expense of the buyer. Returns only are accepted by MoveYa! if they are stamped sufficiently.

§ 14 Subscription

The conclusion and the termination of a subscription don't require the in writing. A notice can be carried out in writing, by e-mail or telephonic. If the notice should be registered after the new CD was already sent out, the notice becomes effective before the next expense. If the buyer uses an Abo-card, the notice only then is regarded as been carried out if the Abo-card has come in at MoveYa!.

§ 15 Writing

According to the § § 7, 8 the buyer has to show his rights in writing. The assertion of possible claims opposite MoveYa! has to be shown to MoveYa! in writing.

§ 16 Place of performance and place of jurisdiction

The seat/home of MoveYa! in Germany is an exclusive place of jurisdiction for all disputes arising immediately or indirectly from the contract relationship. All obligations from the contract relationship are valid to produce at seat of Move Ya!.

Hamburg, GER, 8-1-2002
Anke Hauerwaas
Managing director