Terms and conditions

Table of contents

1. Scope of application
2. Contract conclusion
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Resale
8. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. LevlUp Club
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1. Scope of application

1.1 These General Terms (below referred to as “GT”) of Body and Fit Sportsnutrition B.V. (hereinafter referred to as “Seller” or “LevlUp”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as ““Customer””) with the Seller with regard to the goods presented by the Seller in his/her online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these General Terms is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his/her commercial or self-employed professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely an invitation to the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button ““Place Order and Pay”” which concludes the ordering process. The Seller already declares acceptance of an offer made in this way, so that a purchase contract is concluded immediately when the order is sent.

2.3 When an offer is made via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his/her order. The Seller shall not make the text of the contract publicly available in any form beyond this. If the customer has set up a user account in the Seller’s online shop before sending his/her order, the order data will be archived on the Seller’s website and can be accessed free of charge by the customer via his/her password-protected user account by providing the relevant login data.

2.4 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his/her entries during the electronic ordering process until he/she clicks on the button ““Place Order and Pay”” which concludes the ordering process. In doing so, the customer can also switch back and forth between the individual order steps via the correspondingly designated buttons.

2.5 The contract is concluded exclusively in the German language.

2.6 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties authorised by the seller to process the order can be delivered.

2.7 Goods are sold for private use. The validity of contracts for larger quantities than those typical for household use requires express confirmation on the part of the Seller. This applies both to the number of goods ordered as part of one order and to the placement of several orders for the same goods where the individual orders consist of a quantity typical for a household.

3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.

4. Prices and terms of payment

4.1 The prices quoted are total prices which include the statutory Value Added Tax and all other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which must be assumed by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transmission of funds if delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment option(s) will be communicated to the customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 In the event of payment by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full.

4.6 If the payment method SOFORT transfer, credit card, Giropay, iDeal, Bancontact, bank transfer, Austrian Electronic Payment Standard transfer [German: EPS-Überweisung] or Apple Pay is selected, the payment will be processed via the Mollie Payments B.V. payment service provider, Keizersgracht 126, 1015CW Amsterdam, The Netherlands. (Hereinafter “Mollie”).

4.7 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. In each case, payment is made to Klarna:

Billing: The payment period is [14] days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The entire invoice terms and conditions for the countries in which this payment method is available can be found here: Germany, Finland, Netherlands Austria.

Payment by instalments: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly instalments under the terms and conditions specified at the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on payment by instalments, including terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany, Finland, Austria.

The use of billing and instalment purchase payment methods requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of initiating the purchase and processing the purchase contract. We kindly request your understanding that we can only offer you those payment methods that are permissible on the basis of the results of the credit check. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as specified in Klarna’s privacy policy.

5. Delivery and shipping terms

5.1 Unless otherwise agreed, goods will be shipped to the delivery address provided by the Customer. The delivery address specified in the Seller’s order processing shall be binding for processing the transaction. Insofar as no other period is specified in the respective product description or in the order transaction, the domestic delivery of goods (Germany) shall take place within 2-10 working days, after conclusion of the contract (in the case of agreed advance payment, 2-8 days after the time of the correct instruction of payment). Delivery to other countries may take an additional 10-15 working days after conclusion of the contract and payment. If you have ordered items with different delivery times, we will send the goods in one shipment unless we have made different arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

5.2 If the carrier returns the dispatched goods to the Seller because delivery to the customer was not possible, the Customer shall bear the costs for failed delivery. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the service offered, unless the Seller had given the Customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for returning the goods if the Customer effectively exercises his/her right of withdrawal. If the Customer validly exercises the right of withdrawal, the costs of returning the goods shall be governed by the provisions set out in the Seller’s instructions on withdrawal.

5.3 Collection by the Customer is not possible for logistical reasons.

6. Retention of title

Should the Seller provide advance delivery, s/he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7. Resale

The resale of the Customer’s account by the Buyer is prohibited.

8. Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 The Customer is requested to report delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his/her statutory or contractual claims to defects.

9. Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the order process is completed. Later redemption is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it earn interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher in accordance with his/her statutory right of withdrawal. In this case, the value of the Promotional Voucher shall be forfeited.

9.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10. LevlUp Club

10.1 This loyalty points programme is a voluntary service of LevlUp and is only available to registered users of our online shop.

10.2 Loyalty points can only be redeemed for orders placed in the online shop.

10.3 If the order is cancelled, or the goods are returned (even partially), or if payment is not made, the loyalty points shall be forfeited.

10.4 Individual loyalty points are valid for 12 months after they have been credited. After this period they expire. You can view the remaining period of validity of the loyalty points at any time via your customer account under the heading “Club”.

10.5 The loyalty points programme started on 01/10/2019. Orders already placed in advance are not eligible.

10.6 Loyalty points cannot be paid out in cash or in any other way other than as stated above.

10.7 We reserve the right to discontinue or terminate this programme with four weeks’ notice to the user. The user will be informed accordingly by e-mail. Within the four-week period, any remaining loyalty points can be redeemed, after which they will expire. We also reserve the right to change the conditions of the loyalty points programme. The user will be informed of this by e-mail. The change to the terms and conditions shall be deemed to have been approved unless the customer objects within 4 weeks of being notified of the change.

10.9 Individual voucher codes and links may not be distributed on third platforms under any circumstances. LevlUp reserves the right to terminate customer accounts.

11. Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence.

12. Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special estate under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer’s place of business.

13. Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution online at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board pursuant to the VSBG [German Consumer Dispute Resolution Act (German: Verbraucherstreitbeilegungsgesetz)].

Sign up to receive the latest news and offers