Terms of service

§ 1 Scope of application and provider

  1. These General Terms and Conditions apply to all orders that you place with the Belle Body online store.
  2. The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.
  3. Our deliveries, services and offers are provided exclusively on the basis of these terms and conditions. The terms and conditions apply to companies and for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's terms and conditions that contradict our terms and conditions is already being objected to.
  4. The exclusive contractual language is German.
  5. You can access and print out the currently valid General Terms and Conditions on the website.

§ 2 Conclusion of contract

  1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
  2. By clicking the “Pay now” button, you are making a binding purchase offer (§ 145 BGB).
  3. After we receive your offer to purchase, you will receive an automatically generated e-mail from us confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your offer to purchase. A contract is not yet concluded by the confirmation of receipt.
  4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the offer to purchase or when we ship the goods to you without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs.

§ 4 Payment terms; default

  1. Payment can be made by credit card, Apple or Google Pay or Paypal.
  2. When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (“authorization”). Your credit card account will be debited at the time we ship the goods to you.
  3. If you are in default of payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each written reminder sent to you after the occurrence of default, you will be charged a reminder fee of €2.50, unless in individual cases a lower or higher damage is proven.

§ 5 Offsetting/Right of retention

  1. You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or is recognized by us, or is in a close synallagmatic relationship with our claim.
  2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

  1. Unless otherwise agreed, the goods will be delivered by us to the address provided by you.
  2. The goods remain our property until full payment of the purchase price.
  3. The delivery time is 1-7 business days depending on the country.
  4. If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition: - We reserve ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise for you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly fulfill your payment obligations, we reserve the right to collect claims ourselves. In the event of combining or mixing the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. We are obliged to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
  5. If the transport service provider is unable to deliver the goods due to an incorrect address or an unmounted nameplate, or if the goods are not picked up, for example, at a packing station or post office, or if acceptance of the shipment is refused, we reserve the right to withhold a fee of €10. This covers the costs of return to us by the transport service provider, the inspection of the shipment, cleaning of the products and return to the inventory.

§ 7 Right of withdrawal

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us at Mos Online World, Saint-Petersburg Str., 1, Floor 4, Flat 48, Tbilisi, Georgia of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or via our contact page). The revocation should contain the following information in order to avoid misunderstandings: “I hereby revoke the order #{order number}. {first name surname}”

This does not apply to the conclusion of a subscription. This cannot be cancelled or terminated prematurely. You can pause or cancel your subscription at any time in the customer portal. Please note, however, that your subscription is active for at least the selected term and cannot be canceled prematurely. By taking out the subscription, you expressly agree that we should fulfill the order before the end of the revocation period.

To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the end of the revocation period. Consequences of revocation: If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the returned goods and inspected them. The inspection may take a maximum of five days from receipt of the goods. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  1. The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name or the name of your child or handwritten letters, cards or similar), to the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery, or in the case of the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery or if the goods are no longer in new and perfect condition.
  2. Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage resulting from defective packaging.
  3. Please note that the modalities mentioned in the above paragraphs 2 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

  1. If goods with obvious transport damage are delivered, please report such defects to the deliverer immediately and contact us as soon as possible.
  2. Failure to make a complaint or to contact us will have no consequences for your statutory warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.

§ 9 Warranty

  1. Unless otherwise expressly agreed, your warranty claims are governed by the statutory provisions of the law governing the sale of goods (§§ 433 ff. BGB).
  2. Further information about our manufacturer's warranty can be found here.
  3. If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims for other damages based on an intentional or grossly negligent breach of duty by the user or his agents.
  4. In all other respects, the statutory provisions shall apply to the warranty.
  5. If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
    • Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
    • You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of their discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
    • In the event of defects, we will, at our discretion, either rectify the defect or provide a replacement delivery (subsequent performance). In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the movement does not correspond to the intended use of the goods.
    • If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
    • The warranty period is one year from delivery of the goods.

§ 10 Liability

  1. Unlimited liability: We have unlimited liability for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, limb or health of persons.
  2. Otherwise, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damage that typically has to be expected when the contract is concluded. This limitation of liability also applies to our vicarious agents.

§ 11 Communication

  1. If the customer does not respond to inquiries within 2 weeks, Belle Body is no longer obligated to resolve the issue and it is automatically considered resolved.

§ 12 Final Clauses

  1. Should one or several provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
  2. German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
  3. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Stuttgart.