General Terms and Conditions of the company MOVE YA! Lifestyle Kontor GmbH
General Terms and Conditions of the company
MOVE YA! Lifestyle Kontor GmbH
21423 Winsen (Luhe)
Managing director: Anke Hauerwaas
District Court Lüneburg, HRB 207380
VAT No.: DE 235320130
The following Terms & Conditions are available here as PDF file.
Section 1 Preliminary remark/subject matter of the General Terms and Conditions
All offers, purchase contracts, supplies and services based on orders of our customer through our online shop www.move-ya.de and/or other orders (see section 3) are subject to these General Terms and Conditions.
The product offer in our online shop and our catalogues is equally aimed at consumers and contractors, in each case, however, only at end users, not at resellers. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person concluding a legal transaction for purposes which are mainly not attributable to their commercial or their independent professional activity (section 13 BGB = German Civil Code) and (ii) a "contractor" is any natural person or legal entity or partnership with legal capacity that upon conclusion of the contract acts executing their commercial or independent professional activity (section 14 subsection 1 BGB). It is pointed out that independent fitness trainers are contractors in the sense of section 14 subsection 1 BGB even if they perform their trainer activity only part-time.
If under one of the clauses of these General Terms and Conditions different regulations apply to consumers and contractors, it shall be expressly stated in the respective clause which regulations apply to consumers and which regulations to contractors. Otherwise, the provisions shall equally apply to consumers and contractors.
The subject matter of our General Terms and Conditions is the sale of fitness CDs, DVDs, books and small equipment. The contracts shall only come about applying these General Terms and Conditions. Provisions agreed upon in individual contracts within the scope of the contractual relationship shall take priority over the General Terms and Conditions.
If individual provisions are invalid, the remaining provisions shall remain effective. General terms and conditions of the customer shall not apply even if we do not separately contradict their validity in the individual case.
Information on the alternative settlement of disputes:
The EU Commission provides an Internet platform for the online settlement of disputes (so-called „OS platform“). It is to allow for an extra-judicial settlement of disputes regarding contractual obligations under online purchase contracts or online contracts for services between a consumer resident in the EU and a contractor located in the EU.
The OS platform is available under the following link:
Our e-mail address is: firstname.lastname@example.org
We are not obliged and not prepared either to participate in dispute settlement proceedings in front of a consumer arbitration board.
Section 2 Intended use of especially marked products
In our online shop and our catalogues, we offer some CDs that - for legal reasons - may only be produced and sold for the professional use in fitness studios, sports schools, etc.. In our online shop and our catalogues, these CDs are especially marked as „Trainer tool“ and may only be played backed and/or used in corresponding rooms/locations (e.g. course rooms). Any use of these products for private purposes and/or any purchase by consumers according to section 13 BGB for any other than the specified purposes is explicitly excluded. Purchasing any CD not marked with „GEMA free“ does not release purchaser and/or performer from the duty to ensure that for playing back the music, the necessary fees for the public playback are paid with GEMA.
Section 3 Contract conclusion/prices
All products contained/shown on our website and in our current catalogues are only offered without engagement and without commitment. They only serve information purposes and do not constitute a binding offer in the legal sense.
By placing an order (by letter, fax, e-mail, phone or online cart in our online shop), customer makes a binding and irrevocable offer to purchase the product concerned. We may accept the offer until expiry of the second working day following the day of receipt of the offer.
Immediately after receipt of the offer, we will send customer a confirmation regarding receipt of the offer, which does not constitute an acceptance of the offer. The offer shall only be regarded as having been accepted when we declare acceptance vis-à-vis customer (by e-mail) or dispatch the goods. The purchase contract shall only come about with our acceptance.
If any product is not available at the time of the order, the orderer shall be informed accordingly. In this case, the contract offer declared by the order shall be regarded as not having been accepted.
Within a reasonable period after contract conclusion, upon delivery of the goods or before rendering of the service is started, however, at the latest, we shall provide customer with a confirmation of the contract which contains the contract content on a permanent data carrier (e.g. e-mail). This confirmation shall also contain the information specified in art. 246 a EGBGB (Introductory Act to the German Civil Code) unless we have already provided the customer with this information before contract conclusion satisfying our information duties according to section 312 d subsection 1 BGB on a permanent data carrier.
After the contract conclusion, we will not save the contract text so that after the contract conclusion, it will not be available to the customer in the customer account.
The contract language is German.
Every customer who is a consumer shall be entitled to revoke the offer according to the special cancellation policy (see section 11) which is also made available within the scope of the order on our website.
All prices on our website and in our current catalogues are quoted including the relevant value added tax, plus the shipping costs specified in the „Shipping costs“ category. Possible customs or similar dues shall be borne by the customer themselves.
Section 4 Delivery and performance time / dispatch / passing of risk
Delivery is effected by dispatch ex warehouse to the address specified by the customer. We owe the timely, orderly handover of the goods to the commissioned transport company. We shall not be responsible for any delay in the delivery for which the transport company is responsible.
With goods in stock, delivery shall be effected within five working days (Monday to Friday, holidays excluded) or less after order acceptance. Different delivery periods for goods not in stock are specified with the relevant product in the online shop within the scope of the order process. The timely handover of the goods to the transport company shall be decisive for compliance with the delivery date.
If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the supplied goods shall pass to the customer at the time at which the goods are delivered or at which customer defaults of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
If a consignment ordered by the customer is returned to MOVE YA! (e.g. as it is not collected or acceptance is denied), MOVE YA! will charge the incurring dispatch and cash on delivery costs of this delivery and return delivery (e.g. the DHL return lump-sum of currently EUR 4.00) plus a processing lump-sum of EUR 5.00. The amount will be invoiced together with the re-delivery. If customer asserts their right of revocation, the provisions of section 11 shall apply.
MOVE YA! is not obliged to insure the consignment against transport damage or to have it insured unless a corresponding obligation has been accepted by MOVA YA! in writing.
Section 5 Liability for defects
To all goods from our online shop, the legal warranty rights for consumers shall apply. For contractors there are the legal warranty rights unless regulated otherwise in the following.
If the supplied goods are deficient, customer may first of all request remedy of the defect or delivery of unobjectionable goods from MOVE YA! If, however, the customer is a contractor, we may choose between the remedy of defects or delivery of an unobjectionable object whereas this choice may only be made by notification in text form (also by fax or e-mail) vis-à-vis the customer within three working days after receipt of the notification of the defect. We may deny the type of subsequent performance selected by the customer if it is only possible with disproportionate costs.
If the subsequent performance fails or is unreasonable for the customer or if we deny the subsequent performance, customer shall - depending on the applicable law - be entitled to rescind the purchase contract, to reduce the purchase price or to request damages or compensation of their vain expenses.
The warranty period is two years from delivery if the customer is a consumer; otherwise, twelve months from delivery.
If the customer is a contractor, the following applies: The customer shall carefully inspect the goods immediately after transmission. The supplied goods shall be regarded as having been approved by the customer if (i) in case of apparent defects, we are not notified the defect within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.
Section 6 Liability for other violations of duty by MOVA YA!
Irrespective of the provisions regarding the warranty as well as other special regulations agreed upon in these provision, the following shall apply in cases of violations of duty on the part of MOVE YA!
The customer shall only be entitled to claim damages in case of grossly negligent or deliberate breaches of duty on the part of MOVE YA!. This shall not apply to damage arising from injury to life, limb or health of a person and to any breaches of major contractual duties. Major contractual duties are any such that are indispensable for achieving the purpose of the contract and fulfilment of which the contractual partner can regularly rely on. In case of a violation of major contractual duties due to ordinary negligence, MOVE YA! shall only be responsible for the damage typically occurring under this form of contract. The above limitation of liability shall not apply in case of fraudulent concealment of a defect or if a guarantee has been given.
Section 7 Payment conditions
Unless explicitly otherwise agreed upon, we supply against bank debit, credit card payment or DHL cash on delivery against corresponding invoice.
All invoices shall be due for payment within the agreed payment targets, for the rest immediately, net. Any discount deduction requires previous written agreement.
The day of the unreserved crediting on the account of the company MOVE YA! shall be decisive for compliance with the payment targets.
If any amount rightly collected from the customer by MOVE YA! is charged back by the credit institute, MOVE YA! shall charge the customer the costs that incurred in that connection together with the repeated debit, at least, however, a cost lump-sum of EUR 10.00. Any retention of payment or set-off based on any counterclaims of the customer is excluded, with the exception of claims that were acknowledged in writing or legally determined.
Section 8 Reservation of title
Until complete payment of the purchase price (including value added tax and shipping costs), all goods supplied by us shall remain the property of MOVE YA!. Without our prior written consent, customer shall not be entitled to resell the goods delivered by us that are still under reservation of title.
Section 9 Right of rescission on the part of MOVE YA!
If the customer is not at home upon delivery of the parcel and customer does not collect the parcel from the relevant logistic partner within 7 working days or if customer denies acceptance of the parcel, we shall be entitled to rescind the contract and cancel the order.
We explicitly reserve more far-reaching claims for example due to non-performance.
Section 10 Discounted sales prices
Products labelled with discounted sales prices are only sold in commercial quantities. It is not possible to order more than 5 reduced products.
It is explicitly agreed that to authorised MOVE YA! dealers, only the agreed contract prices shall apply. Authorised MOVE YA! dealers shall not be entitled to the sale of an increased quantity of reduced goods.
Section 11 Right of revocation
According to the following cancellation policy, consumers are entitled to a right of revocation. The conditions, the time limits and the procedure for asserting the right of revocation differs depending on the content of the contract concerned. Thus, a separate cancellation policy is given for the contracts specified in more detail in the following:
• To the delivery of one or more goods (e.g. CDs), the following "Cancellation policy for deliveries of goods" shall apply.
• It shall also apply in case of a contract on several goods which consumer ordered within the scope of a uniform order and which are delivered separately as well as in case of a contract on the delivery of a good in several partial deliveries or parts.
Under "Exclusion or premature expiry of the right of revocation", the consumer is provided with information about cases in which the consumer cannot revoke his declaration of intent and under which circumstances the consumer loses an originally applicable right of revocation. The following link leads to the so-called "Sample revocation form" for permanent saving, which, according to the cancellation policy, the consumer may, but does not have to use for exercising his right of revocation.
Sample revocation form
Cancellation policy for goods deliveries
Cancellation policy for the regular delivery of goods
Exclusion or premature expiry of the right of revocation
You cannot revoke your declaration of intent regarding contracts on the delivery of goods which are not pre-fabricated and for the production of which an individual selection or determination by you is decisive or which is clearly adjusted to your personal requirements.
You will forfeit an originally applicable right of revocation for contracts on the delivery of sound or video recordings or computer software in a sealed packaging if the sealing was removed after delivery.
Sample revocation form
Section 12 Subscription
MOVE YA! offers different subscriptions for different articles in the online shop. These articles are published in three or four editions per year; the concrete publication dates as well as prices are listed at www.move-ya.de under the menu item „Subscriptions“.
MOVE YA! CD subscription:
If customer acquires a product marked as „Subscription CD“ and/or listed in the „Subscription CDs“ category as subscription, a so-called MOVE YA! CD subscription will be concluded. Customer is obliged to buy at least three subsequent editions of this product (in each case one CD) and will then receive these editions as well as other products at a reduced price. The minimum contract period thus comprises three subsequent editions whereas one edition comprises one CD from the selected product series. In this connection, customer may choose whether they will acquire the - upon contract conclusion - current edition of the product series and the two subsequent editions or - from contract conclusion - the three subsequent editions. After expiry of the minimum period, the contract shall be continued for an indefinite period and can be terminated at any time by means of declaration in text form to the contact data specified in the imprint. If termination has been declared after a new edition has already been dispatched, the termination shall take effect before publication of the next edition.
If the customer acquires a product marked as „GEMA-free“ as subscription, a so-called GEMA-free subscription is concluded. Customer is obliged to buy at least three subsequent editions of „GEMA-free“ products (in each case two CDs) and will then receive these editions as well as other products at a reduced price. The minimum contract period thus comprises three subsequent editions whereas each edition comprises two „GEMA-free“ products. In this connection, customer may choose whether they will acquire the - upon contract conclusion - current edition of the product series and the two subsequent editions or - from contract conclusion - the three subsequent editions. In due time before every publication date of a new edition, customer shall be informed by e-mail which new publications will be dispatched with the next edition. If together with the next edition, customer does not want to receive the announced new publications but other „GEMA-free“ products, they can inform MOVE YA! about this fact up to seven days before dispatch of the edition concerned by phone or by e-mail. After expiry of the minimum period, the contract shall be continued for an indefinite period and can be terminated at any time by means of declaration in text form to the contact data specified in the imprint. If termination has been declared after a new edition has already been dispatched, the termination shall take effect before publication of the next edition.
Section 13 Place of performance and place of jurisdiction
If the customer is a company, a legal person under public law or a public separate estate, the place of business of MOVE YA! shall be the exclusive place of jurisdiction for any and all disputes arising directly or indirectly from the contractual relationship. Any and all obligations under the contractual relationship shall be fulfilled at the place of business of MOVE YA!.
Hamburg, on 09/11/2016