Terms & Conditions
Terms & Conditions for herbodyplan.com
Welcome to herbodyplan.com! Our website, located at https://www.herbodyplan.com/, is dedicated to providing women with workout plans in digital format (PDF). These Terms and Conditions govern your access to and use of our website, as well as the purchase of our workout plans.
1. Acceptance of Terms
By accessing our website and purchasing our workout plans, you agree to be bound by these Terms and Conditions, our Privacy Policy (https://www.herbodyplan.com/privacy-policy/), and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using our services.
2. Digital Content
Our workout plans are provided as digital content in PDF format for one-time purchase only. Upon purchase, you are granted a non-exclusive, non-transferable license to use the workout plan for personal, non-commercial use only. Sharing, selling, copying, or any form of unauthorized distribution of the workout plans is strictly prohibited. Violation of this provision will result in immediate termination of the license granted to you, without prejudice to any other rights we may have. Furthermore, any unauthorized distribution will be subject to a penalty of €5,000 per instance, which does not preclude us from seeking further damages for breach of contract.
3. Right of Withdrawal
Right to Cancel
Under the law, you are entitled to a 14-day right of withdrawal. You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period will expire fourteen days from the day of the conclusion of the contract. To exercise your right to cancel, you must inform us (herbodyplan.com, LKS Advertising, Bismarckstraße 82, 10627 Berlin, Germany, info@herbodyplan.com) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). You may use the provided model cancellation form, but it is not obligatory. You can download Cancellation Form here.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will 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 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.
Exclusion of the right of withdrawal
Please note the exception regarding digital goods. Our products are digital goods. Both digital and virtual goods are exempt from the right of withdrawal, due to their unsuitability for return stemming from their inherent qualities. This exemption is aligned with the General Data Protection Regulation (GDPR). You expressly agree that the execution of the contract will begin before the expiration of the withdrawal period. You acknowledge that with the commencement of execution, your right of withdrawal expires.
End of Revocation
4. Intellectual Property
All content provided on herbodyplan.com, including workout plans, is owned by herbodyplan.com represented by Lukasz Zdunek, Bismarckstraße 82, 10627 Berlin, Germany. The copyright and all other intellectual property rights in all materials on our website are owned by or licensed to us and must not be reproduced without our prior consent.
5. Liability and Health Disclaimer
Liability
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) caused by slight negligence by us, our legal representatives, or our agents, the liability is limited to the damage foreseeable at the time of contract conclusion, which must typically be expected to occur.
Any further liability for damages is excluded.
Health Disclaimer
herbodyplan.com is not liable for any injury or health issues that may occur from using our workout plans. It is your responsibility to ensure that you are physically and medically fit to follow the workout plans. We recommend consulting with a healthcare professional before starting any new workout regimen.
6. Warranty Rights
For goods purchased from our site, you are entitled to statutory warranty rights. If the digital content we provide is defective, you are entitled, within the framework of statutory provisions, to demand rectification (repair or replacement). If rectification fails, is unreasonable, is refused, or is unreasonably delayed, you may withdraw from the contract or reduce the purchase price appropriately.
7. Prices
All prices include 19% VAT (MwSt.)
8. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website and we will notify you of any significant changes via email.
9. Governing Law
These Terms and Conditions are governed by the laws of Germany. Any disputes will be subject to the exclusive jurisdiction of the Amtsgericht Charlottenburg, Berlin.
10. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at info@herbodyplan.com or mail us at:
herbodyplan.com
LKS advertising
Bismarckstraße 82
10627 Berlin
Germany
