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GTC

§ 1 General

  1. FFB GmbH is providing its services exclusively on the basis of these General Terms and Conditions (GTC).
    These General Terms and Conditions are particularly valid for each contract conclusion with FFB GmbH, any and all services of this website as well as for all orders at the online shop of the vendor FFB GmbH via the website www.energybody.shop.
    All agreements made in connection with the use of services, conclusion of contracts, or your order at the online shop are conclusively regulated by the mutually concluded contract and the GTC. By your order you declare your agreement with the validity of the GTC in effect in each case at the time of ordering.
    Unless expressly agreed otherwise we expressly protest and reject the implication or use of any own conditions perhaps possibly used by you.

  2. Consumer in terms of the following provisions is any natural person concluding a legal transaction for purposes that cannot predominantly be attributed neither to their commercial nor to their independent professional activity. Entrepreneur is any natural person or legal entity, or joint partnership having legal capacity acting in exercising its independent professional or commercial activity at the conclusion of a legal transaction.

  3. Prevailing language of this contract is German.


§ 2 Offer, contract conclusion

  1. Our Internet offers do not constitute any binding offerings for the conclusion of a purchase contract. illustrations at the online shop merely serve the purpose of product presentation. Any and all offers are noncommittal.
    In order to be able to place an order at our online shop you need to log on via your customer account (LOGIN area) or to create an account for the online shop, or to transact a guest order respectively.

  2. You are completing a binding offer to buy via our website in the ordering process in the area “Shopping cart” by clicking the button “Order with costs” as the last step. Prior to this all ordering data will be again displayed to you at a summary page. Up to the point of clicking the button “Order with costs” the buying process can be cancelled at any time and/or changes can be made. The acceptance of an order and therefore the contract conclusion takes place by transmission of a corresponding order confirmation to and its receipt by you, alternatively by a request for payment from us after placing the order, or by delivery of the goods ordered or, depending on the payment method chosen by you, as follows:
    – In case of credit card payment by the moment of credit card debit
    – In case of payment via PayPal, giropay, or paydirekt at the moment of your confirmation of the payment instruction to PayPal, giropay, or paydirekt.

  3. The processing of your order and the transmission of all information required in connection with the contract conclusion takes place per e-mail, to some extent automatically. Therefor you have to ensure that the e-mail address you have registered at our system is correct, receiving of e-mails is technically ensured, and in particular is not inhibited by spam filters.


§ 3 Delivery charges, prices of goods, and payment terms

  1. All prices indicated are understood including legal value added tax and plus delivery charges. About the amount of deliver charges you are being informed in the course of the ordering process, prior to conclusion of the purchase contract.

  2. For buying at our online shop we are offering the following payment alternatives:

    Credit card payment
    paydirekt
    giropay
    PayPal.

  3. The purchase price is immediately due for payment by contract conclusion and payable without any deduction.

  4. For payment by means of PayPal the terms of use of PayPal (Europe) S.à.r.l. Cie, S.C.A. are effective, which you have to accept towards PayPal. These terms of use can be obtained at www.paypal.com.
    For payment by means of paydirekt the terms of use of paydirekt GmbH are effective, which you have to accept towards paydirekt. These terms of use can be obtained at www.paydirekt.de.
    For payment by means of giropay the terms of use of giropay GmbH are effective, which you have to accept towards giropay. These terms of use can be obtained at www.giropay.de.


§ 4 Right to retention, offsetting, reservation of title

  1. A right to retention you can exercise only insofar as it concerns claims resulting from the same contractual relationship.

  2. To offsetting you shall only be entitled, if the counterclaims against which you wish to offset are concerning counterclaims resulting from the same purchase contract, are established as final and absolute, are acknowledged by us, or are undisputed.

  3. The goods remain our property until full payment of the purchase price is received.


§ 5 Delivery

  1. Delivery dates mentioned by us are without obligation.

  2. When ordering several products at the same time differing delivery periods may result. Partial deliveries are permissible.

  3. We deliver our products only to delivery addresses in Germany and Austria.

  4. We shall be free in the choice of the way of dispatch and the actual means of dispatch / transportation.
    When the customer is not a consumer, transport is effected at the customer’s risk. In such case passage of risk takes place at the handing over of goods to the transporting person. This also applies if we undertake the transport ourselves with own staff.


§ 6 Liability

  1. We exclude our liability for claims for damages because of slightly negligent infringements of duty, irrespective of the legal basis.

    Our liability shall remain in effect in all cases of intent and gross negligence, for fraudulent concealment of a defect, in the event of providing express warranty for the consistency of the object of purchase, and in all other cases regulated by law.

  2. As far as fundamental contractual obligations are concerned, our liability for events of slight negligence shall be limited to the foreseeable damage typical for the contract. Fundamental contractual obligations are duties resulting from the nature of the contract and where the violation of which would jeopardize the achievement of the purpose of the contract as well as duties, which the contract imposes on us by its content for the attainment of the purpose of the contract, where their performance just enables the proper execution of the contract at all, and on the observance of which you may regularly rely.

  3. Our liability for infringement of unessential contractual duties is excluded in cases of slightly negligent infringements of duty.

  4. Data communication via the Internet cannot be guaranteed at the current state of the art to be error free and/or at any time available. Insofar we are neither liable for permanent nor uninterrupted availability of the website and the services offered at the same.


§ 7 Data privacy, data protection

  1. We have made data privacy statement, which you can view following the link: www.energybody.com/en/site-notice.html


§ 8 Dispute settlement

  1. The European Commission is providing a platform for online settlement of disputes (OS).
    You will find the same following the link: www.ec.europa.eu/consumers/odr/
    For the avoidance of doubt we point out that we are neither obligated nor willing to participate in any proceedings for dispute settlement before an arbitration board for consumers.


§ 9 Choice of law, place of performance, place of jurisdiction

  1. The laws of the Federal Republic of Germany are applicable. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.

  2. This choice of law applies in relation to consumers only as far as the protection granted  by mandatory regulation under the law of the state of the customer’s habitual residence is thereby not withdrawn (benefit-of-the-doubt principle).

  3. Place of performance for all goods and services resulting from the business relations with us as well as place of jurisdiction is our registered office as far as you are not a consumer but merchant, corporate body under public law, or special assets under public law.
    The same applies if do not have a general place of jurisdiction in Germany or in the European Union, or when your domicile or habitual residence is unknown at the time of institution of legal proceedings. The authority to appeal to a court also at any other legal place of jurisdiction shall remain thereof unaffected.

  4. Should a provision of these GTC be or become ineffective, the effectiveness of the rest of the provisions shall thereby not be affected. In place of the ineffective provision the statutory regulations shall apply. The same applies as far as these GTC should exhibit an unforeseen regulatory gap.
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