TERM AND CONDITIONS

Terms and Conditions with Customer Information

1. Table of Contents
2. Scope
3. Conclusion of the Contract
4. Right of Withdrawal
5. Prices and Payment Conditions
6. Delivery and Shipping Conditions
7. Granting of Usage Rights for Digital Content
8. Retention of Title
9. Liability for Defects (Warranty)
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of MFT Bodyteamwork GmbH (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the supply of goods with digital elements, these GTC apply accordingly, unless otherwise regulated. In such cases, the Seller owes not only the supply of the goods but also the provision of digital content or services (hereinafter "digital products") that are embedded in or connected with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These GTC also apply to contracts for the provision of gift vouchers, provided no deviating agreements are stipulated.

1.4 For contracts regarding the provision of digital content, these GTC apply accordingly, provided no other agreements are stipulated. Digital content within the meaning of these GTC are data created and provided in digital form.

1.5 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither related to their commercial nor independent professional activity.

1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit their offer via the Seller's online order form. After placing the selected goods in the

virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by:

• Sending the Customer an order confirmation in writing or in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
• Delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• Requesting payment from the Customer after their order is placed.

If multiple of these alternatives are present, the contract is concluded at the time one of these alternatives occurs first. The period for accepting the offer begins on the day after the Customer submits the offer and ends on the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their offer.

2.4 When selecting a payment method offered by PayPal, payment processing occurs through PayPal (Europe) S.à r.l. et Cie, S.C.A., with applicable terms as outlined at PayPal User Agreement or, if the Customer does not have a PayPal account, the terms for payments without a PayPal account. When the Customer selects a payment option offered by PayPal, the Seller accepts the Customer's offer at the time they click the button concluding the order process.

2.5 When submitting an offer through the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been placed. Beyond this, the Seller does not make the contract text accessible. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account.

2.6 Before placing a binding order via the Seller's online order form, the Customer can recognize potential input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their input during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller’s online shop.

2.8 Order processing and contact typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails from the Seller can be received at this address. The Customer should particularly ensure that any SPAM filters do not block emails from the Seller or third parties appointed by the Seller for order processing.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal is available in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise specified in the Seller’s product description, the stated prices are total prices that include statutory VAT. Additional delivery and shipping costs, if applicable, will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise that the Seller does not cover and must be borne by the Customer, such as fees for money transfers by credit institutions (e.g., bank transfer fees, exchange fees) or import duties or taxes (e.g., customs duties). Such costs may also apply to money transfers even if delivery is not 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 methods are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed upon, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 If the "SOFORT" payment method is selected, payment processing is carried out through SOFORT GmbH. To pay the invoice amount via SOFORT, the Customer must have an online banking account that is activated for participation in SOFORT, identify themselves accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction is executed immediately afterward, and the Customer’s bank account is debited. More information about the SOFORT payment method can be found at Klarna’s website.

4.6 When selecting a payment method offered through "Stripe," payment processing is conducted via Stripe Payments Europe Ltd. Further information about Stripe and its services can be accessed at Stripe's website.

4.7 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is conducted through Stripe, which may perform a credit check and may reject this payment method in the case of a negative credit result.

4.8 For payment methods offered via "Klarna," payment processing is conducted via Klarna Bank AB (publ). Additional information and Klarna’s terms can be found at the Seller’s payment and shipping information page.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In such cases, the provisions of the Seller’s withdrawal policy apply.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and deterioration of the sold goods passes to the Customer as soon as the Seller hands over the item to the carrier, freight forwarder, or other person or institution designated to execute the shipment. If the Customer is a consumer, the risk of accidental loss and deterioration of the goods generally transfers only upon delivery of the goods to the Customer or an authorized recipient. However, if the Customer has independently commissioned the carrier or other third party to execute the shipment, without any prior designation by the Seller, then the risk passes upon delivery to this person or institution.

5.4 The Seller reserves the right to withdraw from the contract in the case of incorrect or improper self-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier. In such cases, the Customer will be informed immediately, and any payments will be refunded without delay.

5.5 Self-collection is not possible due to logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

• By download
• By email

5.7 Digital content will be provided to the Customer as follows:

• By direct access through the Seller’s website
• By download
• By email

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise specified in the Seller’s online shop content description, the Seller grants the Customer a non-exclusive, unlimited, and unrestricted right to use the provided content for private and commercial purposes.

6.2 Transfer of content to third parties or creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the contractual license to the third party.

6.3 If the contract involves a one-time provision of digital content, the right to use is granted only once the Customer has fully paid the owed fee. The Seller may provisionally permit usage of the contractual content before payment, but such provisional permission does not result in a transfer of rights.

7) Retention of Title

If the Seller provides goods in advance of payment, they retain ownership of the delivered goods until full payment of the purchase price.

8) Liability for Defects (Warranty)

Unless otherwise specified below, the statutory regulations on liability for defects apply. For contracts involving the delivery of goods, the following applies:

8.1 If the Customer is an entrepreneur:

• The Seller has the choice of how to fulfill warranty claims.
• For new goods, the limitation period for defect claims is one year from delivery.
• For used goods, rights and claims for defects are excluded.
• The limitation period does not start anew if a replacement is provided under warranty.

8.2 The above-stated limitations and shortened periods do not apply:

• To claims for damages or reimbursement of expenses by the Customer,
• If the Seller has fraudulently concealed a defect,
• For goods that are normally used for construction purposes and have caused a defect in that structure,
• For any obligation of the Seller to provide updates for digital products, under contracts for the supply of goods with digital elements.

8.3 Additionally, for entrepreneurs, statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer is a consumer, they are asked to check delivered goods for any visible transport damage and to report such issues to the carrier and the Seller. Failure to do so will not affect their statutory or contractual claims for defects.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller during promotions for a specific validity period (hereinafter "Promotional Vouchers") cannot be purchased by the Customer and can only be redeemed in the Seller's online shop during the specified period.

9.2 Certain products may be excluded from the voucher promotion if a restriction is indicated on the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the order is completed. Retrospective 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 value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, the remaining amount can be paid using one of the other payment methods offered by the Seller.

9.7 The balance of a Promotional Voucher will not be paid in cash or earn interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods purchased in full or in part with the Promotional Voucher under their statutory right of withdrawal.

9.9 Promotional Vouchers are transferable. The Seller can provide performance to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased in the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise indicated on the Gift Voucher.

10.2 Gift Vouchers and remaining balances from Gift Vouchers can be redeemed up to the end of the third year after the year in which the Gift Voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completing the order. Retrospective redemption is not possible.

10.4 Multiple Gift Vouchers may be redeemed in a single order.

10.5 Gift Vouchers can only be used to purchase goods, not other Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, the remaining amount can be paid using one of the other payment methods offered by the Seller.

10.7 The balance of a Gift Voucher will not be paid in cash or accrue interest.

10.8 Gift Vouchers are transferable. The Seller can provide performance to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.

11) Applicable Law

The laws of the Republic of Austria apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law only applies if it does not deprive the consumer of the protection granted by mandatory legal provisions of the state where the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Republic of Austria, the Seller’s business location is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has their seat outside the Republic of Austria, the Seller’s business location is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the professional or commercial activities of the Customer. In such cases, however, the Seller is always entitled to bring an action at the Customer's place of business.

13) Code of Conduct

The Seller has committed to the Trusted Shops Quality Criteria, which can be viewed online at Trusted Shops QualityCriteria.

14) Alternative Dispute Resolution

14.1 The EU Commission provides an online platform for dispute resolution available at EU ODR Platform. This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

14.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.