General Terms and Conditions (GTC) for Slimyourbodyfit LLC

1 Basic provisions

(1) Definition of consumers and traders

(1.1) For the purposes of these General Terms and Conditions (GTC), consumers are natural persons who conclude contracts for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

(1.2) Entrepreneurs are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(2) Conclusion of the contract

(2.1) The following provisions govern the conclusion of contracts between Slimyourbodyfit LLC (hereinafter “Provider”) and customers (consumers or entrepreneurs) for the use of services or the purchase of goods from the Provider.

(2.2) The presentation of goods and services on the provider’s website does not constitute a legally binding offer, but a non-binding invitation to the customer to order goods or services.

(2.3) By sending an order via the provider’s website, the customer submits a binding offer to conclude a contract. The provider can accept this offer within 7 days.

(2.4) The contract is only concluded when the provider accepts the customer’s offer. Acceptance takes place by sending an order confirmation by e-mail or by dispatching the ordered goods.

(2.5) The languages German/English are available for the conclusion of the contract.

(2.6) The customer is obliged to ensure that the e-mail address provided by him is correct in order to enable communication and the conclusion of the contract. The customer is responsible for the technical functionality of their e-mail inbox.

(2.7) The customer’s order data is stored by the provider. The customer can print out his order data after completing the order process. A detailed overview of the ordering process and the option to check and correct the order data is made available to the customer during the ordering process.

(3.1) Protection of digital content protected by copyright

(3.1.1) All digital content offered via our platform is protected by copyright. This includes, but is not limited to, texts, images, graphics, software and other digital files.

(3.1.2) Any infringement of copyright, whether by reproduction, distribution, public communication or other use, without the express permission of the copyright holder, is strictly prohibited and may result in legal action.

(3.2) Explanation of the license of use and its restrictions

(3.2.1) With the purchase of digital content from us, the customer is granted a limited, non-exclusive license of use. This license allows the customer to use the purchased digital content for personal, non-commercial purposes.

(3.2.2) The usage license allows the customer to save and/or listen to a copy of the digital content on his/her computer or other electronic device, provided that this is done exclusively for personal use.

(3.2.3) The customer is expressly not entitled to rent out, sublicense for a fee or free of charge, publicly reproduce or otherwise make available to third parties the contractual digital content or parts thereof or to make it available to third parties in any other way. (4.4.1) If specified in the respective offer, we will send the customer a correction template, which the customer must check immediately. Upon receipt of the correction template, the customer has the opportunity to report any errors or discrepancies.

  • 4 Use of submitted recipes and photos for the website

(4.1) General regulations

(4.1.1) Customers have the option of sending recipes and photos to the provider in order to publish them on the provider’s website.

(4.1.2) By submitting recipes and photos, the customer declares that he has the necessary rights and authorizations to use these materials and to transfer them to the provider.

(4.2) Use of the submitted materials

(4.2.1) The provider reserves the right to publish the submitted recipes and photos on its website.

(4.2.2) The customer allows the provider to use the content based on the submitted materials for advertising purposes on its website. No personal data of the customer will be published or passed on.

(4.2.3) The provider may publish the content on its website without the need for an express written agreement with the customer.

(4.3) Copyrights and intellectual property

(4.3.1) All rights to the submitted recipes and photos, including copyrights and intellectual property, remain with the customer.

(4.3.2) However, the customer grants the provider a non-exclusive, worldwide license to use the submitted materials solely for publication on the provider’s website and for the above-mentioned advertising purposes.

(4.3.3) The customer confirms that the use of the submitted materials by the provider does not infringe any third-party rights.

  • 5 Special agreements on payment methods offered

(5.1) Payment by instant bank transfer and payment service provider Sofort GmbH

(5.1.1) If the payment method “Sofortüberweisung” is selected, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “Sofort”).

(5.1.2) Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden).

(5.1.3) In order to make the payment via Sofortüberweisung, it is necessary that the customer has an online banking account activated for this purpose. During the payment process as part of the order, the customer must legitimize himself accordingly and confirm the payment instruction to Sofort GmbH.

(5.1.4) The customer’s bank account is debited immediately after the order is placed.

(5.1.5) Further information on the “Sofortüberweisung” payment method and Sofort GmbH can be found at https://www.klarna.com/sofort/.

(5.2) Payment via Stripe

(5.2.1) If the payment method “Stripe” is selected, payment is processed via the payment service provider Stripe, Inc. (510 Townsend Street, San Francisco, CA 94103, USA; “Stripe”).

(5.2.2) Stripe enables customers to process payments securely and conveniently online.

(5.2.3) When using the “Stripe” payment method, Stripe’s terms and conditions and privacy policy apply, which can be viewed at https://stripe.com/.

(5.2.4) Stripe processes the payment transactions and the provider has no access to sensitive payment information such as credit card numbers or bank details.

  • 6 Right of retention, retention of title

(6.1) Conditions for the right of retention

(6.1.1) The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.

(6.1.2) If the customer has a justified right of retention, the parties are obliged to offset the respective claims in proportion to each other.

(6.2) Retention of title and conditions for entrepreneurs

(6.2.1) The delivered goods remain the property of the supplier until full payment has been made.

(6.2.2) In the case of entrepreneurs, the following shall also apply: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.

7 Warranty

(7.1) Statutory liability for defects

(7.1.1) The statutory warranty rights apply.

(7.1.2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

(7.1.3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

  • 8 Choice of law, place of performance, place of jurisdiction

(8.1) Choice of law and place of jurisdiction

(8.1.1) For contracts between us

SLIMYOURBODYFIT LLC

Daniela Doll

444 Brickell Avenue Suite 700

Miami, FL 33131

and German customers shall be governed by German law. This shall apply irrespective of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

(8.1.2) The place of performance for all services arising from the business relationships existing with us is our registered office in the USA.

(8.1.3) The place of jurisdiction for all disputes arising from or in connection with these contracts shall be our registered office in the USA, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany or the EU.

(8.1.4) The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  1. Customer information
  2. Identity of the seller

The seller of these products and services is:

SLIMYOURBODYFIT LLC

Daniela Doll

444 Brickell Avenue Suite 700

Miami, FL 33131

Phone: + 49 177 871 32 74

www.slimyourbodyfit.com

info@slimyourbodyfit.com

  1. Information on the conclusion of the contract

Depending on the type of offer, the contract is concluded in the following steps:

(2.1) Purchase of goods

  • Product selection: You can select the desired products from our range, e.g. books or metabolism cure.
  • Add to shopping cart: Click on the “Add to shopping cart” button or a similar name to add the selected products to your shopping cart.
  • Submitting the order: After you have put together your shopping cart, you can submit your order by continuing the order process and entering the required information.
  • Order confirmation: After submitting your order, you will receive an automatic e-mail confirmation from us confirming that we have received your order. However, this e-mail does not yet contain any acceptance of the contract.
  • Acceptance of the order: The contract for the purchase of goods is only concluded when we expressly accept your order. Acceptance takes place by means of a separate e-mail in which we confirm the details of your order and confirm the dispatch or collection of the goods.

(2.2) Subscription offer

  • Subscription selection: You can select the services you want from our range of subscriptions for podcasts, books, nutrition courses, coaching and nutritional advice, including the duration of the subscription and the services included.
  • Sending the subscription order: By clicking on the “Buy subscription” button or a comparable designation, you are placing a binding order for the selected subscription. Your order is a binding offer to us to conclude a subscription contract.
  • Confirmation of the subscription order: After you have sent your subscription order, you will receive an automatic e-mail confirmation from us confirming that we have received your order. This e-mail does not constitute acceptance of your offer, but merely informs you that we have received your order.
  • Acceptance of the subscription offer: The contract for your subscription is concluded when we expressly accept your order. Acceptance takes place by means of a separate e-mail in which we confirm the details of your subscription, including the terms of payment and the start date of the subscription.
  1. Customer information
  2. Appointment bookings for coaching and nutritional advice
  • Making appointments: We offer the option of making appointments for coaching and nutritional advice. Appointments can be made by telephone or online via our website.
  • Binding appointment: When you make an appointment for coaching or nutritional advice, this is a binding agreement. The appointment will be reserved for you and our specialist staff will be available for you.
  • Cancellation Policy: We understand that appointments occasionally need to be rescheduled or canceled. If you need to cancel or reschedule a scheduled appointment, please let us know at least 24 hours in advance. This gives us the opportunity to reschedule the appointment and give other clients the chance of an appointment.
  • Cancellation within 24 hours: Cancellations of coaching or nutrition counseling appointments made within 24 hours of the scheduled appointment will be charged the full cost of the appointment.
  • Delayed acceptance of the call: We ask that you arrive on time for your telephone or Zoom appointments. If you arrive late, the duration of your appointment may be shortened so as not to affect subsequent appointments. We recommend that you prepare well in advance of your appointment and ensure that you meet all necessary technical requirements to ensure smooth communication during the appointment. If you have any questions or concerns about attending your appointments, please do not hesitate to contact us. You can reach us using the contact details provided in section 1 “Identity of the seller”.

Contract language: The contract language is German and English.

Contract text storage: 3.1 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function

3.2. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

  1. Essential characteristics of the goods or services:

(4.1) We offer various products and services, including books and metabolic cures.

(4.2) Books: Our books are carefully written and designed to provide our customers with a high-quality reading experience. They contain valuable information and are available in printed form.

(4.3) Metabolic cure with book and globules: Our metabolic cure offers include a book containing detailed instructions and information on the cure. Globulis are also included as part of the package.

(4.4) Please refer to the individual product descriptions and information on our website for further details on the respective offers.

  1. Essential characteristics of the goods or services:

The essential characteristics of the goods and/or services we offer are described in detail in the corresponding offers on our website. Each product or service has specific and detailed information on its features and characteristics. We invite you to consult the product descriptions and offers on our website to gain a comprehensive insight into the respective products and services.

  1. Prices and payment methods:

6.1 Prices and shipping costs: The prices shown on our website may be displayed in US dollars for customers in the USA and in euros for customers in Germany. These prices may include local taxes and duties. In addition to the prices, shipping costs may apply, which will be shown separately during the ordering process. The exact shipping costs depend on your location and the shipping option selected.

6.2 Note on additional costs for international deliveries: Please note that additional customs duties, taxes and fees may be incurred for international deliveries to the USA or from the USA to Germany. These costs are the responsibility of the customer and are determined by the respective customs authorities or other relevant bodies. We have no influence on these additional costs and cannot provide any precise information on them. Please check with local customs authorities or other relevant authorities for further information.

6.3 Accepted payment methods and payment deadlines: We accept various payment methods, which are displayed during the order process. Payment is made in accordance with the specified payment terms, which may vary depending on the payment method selected. Please note that we will only dispatch or provide the ordered goods or services after receipt of payment.

  1. Terms of delivery, provision:

7.1 Information on delivery terms and dates: The ordered goods will be delivered within the USA and to Germany. The delivery time may vary depending on the product, location and shipping option and will be displayed during the ordering process. Please note that delivery times are indicative and may be affected by unforeseen circumstances. We will inform you of any delays.

7.2 Regulations on the transfer of risk: The following applies to consumers in the USA and Germany:

  1. a) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods have been handed over to the consumer or a person designated by the consumer as authorized to receive them.
  2. b) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the entrepreneur upon handover to the forwarding agent, carrier or other person or institution designated to carry out the shipment. This applies regardless of whether the shipment is made within or outside the USA or Germany.

As a rule, digital content is made available immediately after receipt of payment, either by download or access to our platform. In the case of physical goods, delivery shall take place in accordance with the specified delivery times.

We endeavor to guarantee you a smooth and timely delivery. Please note, however, that unforeseen circumstances may lead to delays over which we have no control. We will inform you of any delays in good time.

These regulations apply equally to consumers and entrepreneurs and are part of our General Terms and Conditions.

If you require further information on our delivery conditions, please do not hesitate to contact us.

  1. Statutory liability for defects:

Our products and services are subject to statutory liability for defects, as explained in more detail in our General Terms and Conditions (GTC). Information on the regulation of liability for defects and your rights as a customer or entrepreneur can be found in detail in our General Terms and Conditions. Please read these carefully to understand your rights and obligations in the event of defects in our products and services.

  1. Severability clause:

Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

The validity of the GTC as a whole shall not be affected by the invalidity of individual clauses. We always endeavor to avoid any ineffectiveness and to design the GTC in accordance with applicable law.

The satisfaction of our customers and the quality of our products and services are very important to us. If you have any questions about liability for defects or our general terms and conditions, please do not hesitate to contact us. We are at your disposal to help you with your concerns.

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