TERMS & CONDITIONS

In English

§ 1 General

  1. The deliveries, services, and offers of Movewell® are made solely on the basis of these General Terms and Conditions. They are a component of all contracts that we conclude with our Contractual Partners (also called „Customer(s)“ in the following) for the goods or services we offer. They also apply to all future goods, services, or offers to the Customer, even if they are not agreed to again separately.

  2. We do not recognise opposing or deviating terms and conditions of the Contractual Partners unless we have expressly agreed to their validity in writing.

  3. These General Terms and Conditions are also applicable in the event that we carry out a delivery without reservation with the knowledge of these opposing or deviating terms and conditions of the Customer.

  4. If a costumer gets transferred while making orders to a website of a third party, the terms and conditions as well as the contract itself coming from the third party apply solely in this case.

 

§ 2 Offer, Order, Offer Documents

  1. All of our offers are subject to change and are non-binding insofar as they are not expressly labelled as binding in writing or include a certain deadline for acceptance. The order of the Customer is an offer to us to conclude a contract for purchase. With our receipt of the Customer’s order we will send a written or electronic order confirmation first that confirms our receipt of the order insofar as the subject of the order is not a software download. This order confirmation is not an acceptance of the Customer’s offer yet; rather, it merely confirms that we have received the order. Therefore, the contents of the order confirmation are not binding for us. This applies in particular insofar as the order confirmation contains incorrect information on account of automated processing (for example errors in prices or calculations). A binding contract only arises when we ship the ordered product to the Customer and the shipment to the Customer has been confirmed by means of a written or electronic shipping confirmation. In the event of a software download, a binding contract only arises with the receipt of the goods or the invoice, depending on which occurs first. Our written or electronic confirmation of shipment or, in the case of downloads, invoice, is solely authoritative for the scope of delivery. Ancillary agreements or changes require our written or electronic confirmation for their validity.

  2. Changes to the subject of delivery, in particular those of a technical nature, remain reserved insofar as (i) the subject of delivery is not significantly changed and the changes are not unreasonable for the Customer or (ii) we have not expressly agreed in writing with the Customer that the information about the subject of the delivery or service is binding.

  3. Insofar as nothing else is expressly agreed in writing, information about the subject of the delivery or service as well as the related representations are not guaranteed by us.

  4. The presentation of services of Movewell® on social media, magazines and on the internet do not represent a binding offer. 

  5. Insofar as we have made an offer to the Customer that has been expressly designated as binding, we are bound to it for 2 (two) weeks insofar as nothing else has been expressly communicated in writing.

  6. We retain all rights, in particular copyrights, to any and all documents, illustrations, etc. provided to the Customer. The Customer may only use them in the scope of the contractually intended purpose.

  7. Insofar as the Customer is not legally competent, we assume that the agreement of his legal representative is at hand for the order he makes or that the Customer brought about the ordered service with money that his legal representative made available to him or which was provided with the legal representative’s approval by a third party for this purpose or for free disposal.

 

§ 3 Prices, Conditions of Payment

  1. The prices agreed between us and the Customer apply only for the scope of delivery and service in our respective shipping confirmation. Any additional or special performances will be charged separately.

  2. If no prepayment is arranged, all invoiced amounts are, unless nothing else is expressly agreed in writing, due without any deduction whatsoever within 30 (thirty) days after the invoice date. Our receipt of the payment is authoritative for payment that have been made in a timely manner. Payments are always credited against the oldest still-open invoice. The deduction of a trade discount requires a separate written agreement. If the Customer is a consumer within the meaning of § 13 BGB, applicable in deviation is that payment obligations – insofar as no other agreement is made expressly in writing – are always to be fulfilled by means of advance payment.

  3. The Customer is only entitled to set off with counterclaims if the counterclaims are established by court of law, undisputed, or recognised by us. Furthermore, it is only allowed to exercise a right of retention insofar as its counterclaim is due and based on the same contractual relationship.

  4. Insofar as we have not already agreed to advance payment with the Customer, we are entitled to demand pre-payment or payment of a security by the Customer before we carry out outstanding deliveries if circumstances become known that in our diligent judgment are suited to substantially reduce the creditworthiness of the Customer and which would endanger payment of our open, due claims by the Customer from the respective contractual relationship includes those from other individual orders insofar as they are on the basis of the same legal relationship.

  5. Insofar as nothing else was expressly agreed in writing with the Customer, all payments are to be made solely to us in € (Euros).

 

§ 4 Right of Withdrawal

If you are a consumer, you have a right of withdrawal in the event of distance contracts within the meaning of § 312b BGB pursuant to the following conditions:

Right of withdrawal

You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. 

The withdrawal period will expire after 14 (fourteen) days from the day

  • a) of the conclusion of the contract. [cases of a contract of digital content which is not supplied on a tangible medium]; or

  • b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. [cases of a sales contract]; or

  • c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. [cases of a contract relating to multiple goods ordered by the consumer in one order and delivered separately]

To exercise the right of withdrawal, you must inform us 

Movewell® (Owner: Martin Strietzel)

Lehderstraße 46a

13086 Berlin ,Germany

info(at)movewell.training

Tel.: +49 (0) 15754477060

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to 

Movewell® (Martin Strietzel)

Lehderstraße 46a

13086 Berlin, Germany 

without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.

We will bear the 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.

Special Notices:

  • 1. We ask you to return the product with its original packing and materials, if any.

  • 2. a) The right of withdrawal is not in effect for distance contracts for the delivery of audio or video recordings or software insofar as the seals of the delivered data media have been opened by you as well as in the event of distance contracts of digital content which is not supplied on a tangible medium after your express permission that the contract should take effect before the withdrawal period expires whereas you are aware that the right of withdrawal expires when the contract takes effect.

  • b) The right of withdrawal is not in effect for distance service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us, or the counseling, or initial check-up has been taken place.

  • 3. We don’t provide service in terms of goods shipments and similar services outside the EU.

 

§ 5 Delivery and Delivery Period

  1. The beginning of the delivery period assumes the final clarification of all technical questions with the Customer as well as the provision by the Customer of any documents, permits, and authorisations to be obtained by the Customer as well as the receipt of any agreed pre-payment or security, and by payment of the purchase price of the goods by means of advance payment in the case of consumers within the meaning of § 13 BGB. Our shipping confirmation is authoritative for delivery periods. The periods or dates for deliveries and services contained therein are only binding to the extent that a fixed period or fixed deadline is expressly promised or agreed there or if we have expressly confirmed a period or deadline as binding separately in writing or via email. Other periods and deadlines mentioned by us are non-binding.

  2. Depending on the kind of subject of the delivery and the manner of sales deliveries occur either by means of physical shipment or by means of download by the Customer.

  3. Insofar as we are in arrears with a delivery or service or a delivery or service is impossible, the Customer is entitled to withdraw from the contract pursuant to the statutory provisions. We are only liable for damages in the event of arrears or impossibility pursuant to the provisions in § 9 of these General Terms and Conditions.

  4. A force majeure event entitles us to delay the delivery or service for the period of the hindrance and a reasonable start-up period or to withdraw in part or whole from the part of the contract not fulfilled yet. Natural catastrophes, strikes, lock-outs, political unrest, or other unforeseeable circumstances that make timely delivery or performance impossible despite reasonable efforts are considered a force majeure event. This also applies if the hindrances named above arise at a subcontractor of ours or arise while we are in arrears. We will inform the Customer without delay in the event that a force majeure within the meaning of this § 6 arises. The Customer can demand that we declare within 6 (six) weeks whether we will withdraw from the contract in whole or in part or deliver within a reasonable grace period with regard to the as yet unfilled part of the contract. If we do not make a declaration within the period named by the Customer, the Customer can withdraw from the part of the contract that has not been fulfilled yet.

 

§ 6 Packing, Shipping, Transfer of Risk and Acceptance of the Goods by the Customer

  1. Insofar as not expressly otherwise agreed in writing, we are free to choose the kind of packaging according to our discretion.

  2. If the Customer is a business person within the meaning of § 14 BGB, the risk of accidental loss and accidental deterioration is transferred to the Customer at the latest with the dispatch of the goods to the shipper, freighter, or person named for shipment by the Customer or at the time of download by the Customer. This also applies in the event of partial deliveries. If the Customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration is transferred to the Customer at the latest with receipt of the goods by the Customer – regardless of whether in physical form or by means of download.

  3. Furthermore, if the Customer is a business person within the meaning of § 14 BGB, it is in acceptance arrears if we have announced readiness to ship and the Customer refuses to take over the goods on the named date or it does not pick the goods up or have them picked up by a transporting party on the named date.

  4. If the Customer is unable to accept delivery or breaches any of Customer’s other obligations under these Terms and Conditions, we are entitled to request reimbursement of the damage we have incurred from such event, including all potentially incurred extra charges. In this case the risk of accidental loss or accidental deterioration of the subject of purchase is transferred to the Customer. After the setting and fruitless elapsing of a reasonable period, we are also entitled to dispose of the subject of delivery in another manner and make a delivery to the Customer with a reasonably prolonged period.

  5. The subject of the delivery will only be insured against theft, breakage, shipping damages, fire damages, water damages, and other insurable risks upon express request of the Customer at its expense.

 

§ 7 Warranty

For consumers the legal warranty applies.

  1. Insofar as there is a defect in the subject of the delivery, we are entitled according to our own choice – in the event that the Customer is a consumer within the meaning of § 13 BGB: According to the choice of the Customer – to rectification of defects or replacement delivery. In doing so, we are to bear the expenditures necessary for remedy of fulfilment pursuant to the legal regulations.

  2. A replacement delivery by us assumes that the buyer returns the defective subject of delivery concurrently.

  3. If we are not willing to rectify defects or make a replacement delivery or are unable to do so, or when it would take an unreasonable period of time due to reasons outside our control, or if rectification of defects fails in a final manner for any other reasons, the Customer is entitled to withdraw from the contract or demand reduction of the purchase price according to its choice. In the event of withdrawal, we are obligated to refund of the paid purchase price only concurrently against return of the defective subject of delivery and payment of reimbursement for the value of utilisation by the Customer.

  4. The right to withdraw of the Customer in the event of defects in the goods is excluded in cases in which the Customer is unable to return the received performance and this is not because the return is impossible on account of the nature of the received performance or a defect was only revealed after processing or transformation of the goods. In the event of the delivery of defective goods or in the event of partial deliveries, the Customer is entitled to withdrawal from the entire contract or reimbursement for damages instead of the entire performance pursuant to the regulations of the following § 9 only if it has no interest in the supplied performance from an objective point of view.

  5. For significant third-party products that are a component of the subject of delivery or the delivery, for example the software of other manufacturers, our liability is limited to the assignment of the claims to which we are entitled against the manufacturer of the third-party product. Should the claim made against the manufacturer of the third-party product fail for reasons for which the Customer is not responsible (for example the insolvency of the supplier), then the Customer is entitled to claims on account of defection pursuant to the regulations of this § 8.

  6. The Customer is then solely entitled to claims for damages pursuant to the regulations of the following § 9.

  7. The warranty lapses if the Customer modifies the goods or has a third party modify them without our prior agreement and this makes rectification of defects impossible or unreasonably difficult. In any case, the Customer is to bear the arising additional expenses for rectification of defects on account of the modification. In particular, no liability will be assumed for damages that arose on account of the following reasons:

    • Improper use, improper handling;

    • Unsuitable operating conditions;

    • Improper installation, start up, or use by the Customer or third parties to the extent that the owner’s manual or instructions provided by use are not incorrect;

    • Modifications on the subject of delivery by the Customer or a third party;

    • Improper or negligent handling.

 

§ 8 Damages

  1. We are solely liable for damages regardless of legal reason, in particular from impossibility, arrears, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, or for tortious acts pursuant to the regulations of this § 9. For the rest, any liability for damages is excluded.

  2. We are liable in the scope of the statutory provisions on account of intentional or grossly negligent actions of our legal representatives or managers, on account of injury to life, limb, or health, and for guaranteed characteristics and pursuant to the provisions of the German Product Liability Act (Produkthaftungsgesetz).

  3. Furthermore, we are liable

    • For damages from the slightly negligent breach of material contractual obligations by our legal representatives, managers, and other agents;

    • a) For damages that were caused by our simple agents grossly negligently or intentionally without breach of duties material to the contract.

    • b)For damages from the slightly negligent breach of material contractual obligations by our legal representatives, managers, and other agents;

  1. Material contractual duties are those for which fulfilment makes orderly fulfilment of the contract possible in the first place and adherence to which the Customer regularly counts on and may count on.

  2. Our liability for damages pursuant to § 9 above is limited to the amount of damages that are typical of the contract and foreseeable.

  3. Furthermore, in the scope of our liability pursuant to § 9 above, indirect damages and consequential damages that are a consequence of defects in the subject of delivery can only be reimbursed to the extent that such damages are typically to be expected during proper use of the subject of delivery.

  4. Claims for damages on account of lost profit are excluded in any case.

  5. Insofar as we give technical information or act as consultants and this information or advice does not belong to the scope of performance owed by us and contractually agreed, this occurs at no charge and to the exclusion of any liability whatsoever.

  6. In the scope of our liability pursuant to § 9 above, we are only liable for loss of data only, if, and insofar as the Customer has ensured with a backup copy or in another manner that the data can be restored with a reasonable amount of effort. In this case, our liability is limited to the effort for recovery. We are generally not liable for the loss of data if and insofar as the Customer is responsible for them.

  7. 10.Insofar as the Customer wishes to make a claim pursuant to the regulation above, it will inform us and consult with us in a comprehensive manner without delay. The Customer is to give us the opportunity to inspect the damage event.

  8. 11.The regulation on the exclusion of warranty in § 8 of these General Terms and Conditions applies in the corresponding manner.

 

§ 9 Retention of Title

  1. Upon fulfilling all claims that are part of the contract, Movewell® reserves the right of ownership in regard to delivered products. 

 

§ 10 License Rights

  1. The contents on the Movewell® website that are labelled as not for sale (in particular audio recordings, pictures, blog posts, videos), are protected by copyright and intended for demonstration purposes only. They may not be downloaded and/or used in any other way without the agreement of Movewell®.

  2. Prerequisite for use of the software (E-Books, Videos and PDF-Manuals) manufactured by Movewell® itself is the agreement to the regulations of the end user license agreement (EULA) of Movewell® as well as any additional license agreements (including those of third parties as the case may be).

 

§ 11 Data Protection

The order processing is done with the help of automatic data processing. We collect, process, and use personal data of the Customer in the scope of order processing as well as during activation and registration of the software (including audio and video material). Furthermore, we save, process, and use the personal data of the Customer in an anonymised or pseudonymised manner in order to continuously improve our offerings for our Customers. Further information about the kind, scope, and purpose of the collection, processing, and use of the personal data of our Customers is contained in our data protection declaration. 

§ 12 Applicable Law

All contracts with us are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG), whereas consumers regularly residing abroad may as well rely on mandatory applicable laws of the state where they are a resident. The contractual language is German insofar as nothing else is agreed upon in writing.

§ 13 Final Provisions

Insofar as these General Terms and Conditions determine that declarations of intent or announcements are to occur in writing, the written form is also fulfilled by the use of the text form or email.