1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Fitnessmagnet GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Fitnessmagnet GmbH is a service aimed at the end consumer. It is expressly not aimed at wholesale customers who wish to resell the goods in processed or unprocessed form. Fitnessmagnet GmbH therefore rejects assemblies and deliveries if the customer is a wholesale customer, e.g. if the customer has ordered non-standard household quantities.

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. 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 that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 The contract is concluded with: Fitnessmagnet GmbH, Zeughausgasse 15, 6300 Zug.

2.5 The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format.

2.6 If a payment method offered by PayPal is selected, 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/de/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/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.

2.7 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.8 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 commissioned by the seller to process the order can be delivered.

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 withdrawal policy.

3.3 Plans and e-books already received are excluded from the right of withdrawal. 

3.4 Bikini Bundle:
If you wish to withdraw from the purchase of the Bikini Bundle products after receiving them, you will still be charged 40.00 Euro/Swiss Francs for the plan, which is non-refundable. 

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax / VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online store.

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

4.4 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.5 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with Stripe, which the seller authorizes to collect receivables on his behalf. Stripe collects the invoice amount from the customer's specified credit card account. The credit card is debited immediately after the customer's order has been placed in the online store. The seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even if the payment method credit card payment via Stripe is selected.

4.6 With PowerPay - Monthly Invoice you can easily pay your online purchase by invoice with installment facility. MF Group / PowerPay offers the payment method "Payment by invoice" as an external payment service provider. When the purchase contract is concluded, PowerPay takes over the invoice receivable that has arisen and handles the corresponding payment modalities. With purchase on account you accept in addition to our terms and conditions, the T&C (Terms and Conditions) from PowerPay. (powerpay.ch/en/agb).

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.4 Self-collection is not possible for logistical reasons.

5.5 Vouchers are given to the customer as follows:

- by e-mail

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8.1 The Seller's liability for damages on any legal grounds whatsoever, such as impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, shall in each case be based on fault and limited as follows:

8.2 The Seller shall be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in the event of intent and gross negligence.

In the event of slight negligence, the Seller shall only be liable, subject to a milder statutory standard of liability (e.g. care in its own affairs), for

a) for damages resulting from injury to life, body or health,

b) for damages caused by a significant breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the liability of the seller is limited to compensation for the foreseeable, typically occurring damage.

8.3 The limitations of liability described in paragraph 2 shall also apply to breaches of duty by or for the benefit of persons for whose fault the Seller is liable in accordance with statutory provisions.

8.4 The limitations of liability set out in paragraph 2 shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the product, or in the event of claims by the customer under the Product Liability Act.

9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store 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 completing the order process. Subsequent offsetting 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 can be selected to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it bear 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 within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

Fitnessmagnet / FitnFemale has no influence on the information and the design of linked websites. A liability of Fitnessmagnet GmbH for false information or illegal actions is excluded.

The place of jurisdiction is the registered office of Fitnessmagnet GmbH in 6300 Zug, Switzerland.