Terms and Conditions

General terms and conditions of business

Terms and Conditions (GTC)

between

SIZE FOR YOU© owner Moritz Franke, Zwischendörfer 6, 79238 Ehrenkirchen – hereinafter referred to as “provider” –

and

the customer named in § 2 of the contract – hereinafter referred to as “customer”.

§ 1 Scope, definitions
(1) The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between the web shop provider (hereinafter “provider”) and the customer (hereinafter “customer”). Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who is acting in the exercise of his commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract
(1) The customer can select a penis enlargement course from the approx. 32 videos and PDF instructions for download and collect them in a so-called shopping cart using the “add to shopping cart” button. By clicking on the “order with payment” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the “Accept terms and conditions” button and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation) and also offers the option of downloading the course. In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, it is one working day for download products.

(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany

§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.

§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax.

(2) All orders are shipped free of shipping costs.

(3) The goods are shipped as a download.

§ 6 Payment methods
(1) The customer can pay by credit card, direct debit, advance payment or Giropay via CCBill.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest for the year amounting to 5 percentage points above the base interest rate.

(4) The customer’s obligation to pay default interest does not exclude the provider from asserting further damages for default.

§ 7 Warranty for material defects, guarantee, copyrights
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

(2) An additional guarantee only exists for the goods delivered by the provider if these are expressly stated in the Order confirmation was given for the respective article.

(3) It is expressly pointed out that no guarantee of effectiveness of the penis enlargement course is given.

(4) The penis enlargement course is protected by copyright. Reproduction, duplication, exploitation and communication of the content by the customer are not permitted. Violations result in compensation. All rights are reserved.

§ 8 Liability
(1) The customer’s claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

(5) The use of the exercises, techniques, training plans, etc. shown in the course is at the customer’s own risk. During the course, the customer is informed about possible dangers (bruises, penis injuries, possible impotence, etc.) that may occur and is therefore aware of these dangers when applying the course content.

§ 9 Cancellation policy
(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, which the provider will inform them of below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

§ 10 Schlussbestimmungen
(1) Auf Verträge zwischen dem Anbieter und den Kunden findet das Recht der Bundesrepublik Deutschland unter Ausschluss des UN-Kaufrechts Anwendung. Die gesetzlichen Vorschriften zur Beschränkung der Rechtswahl und zur Anwendbarkeit zwingender Vorschriften insbes. des Staates, in dem der Kunde als Verbraucher seinen gewöhnlichen Aufenthalt hat, bleiben unberührt.

(2) Sofern es sich beim Kunden um einen Kaufmann, eine juristische Person des öffentlichen Rechts oder um ein öffentlich-rechtliches Sondervermögen handelt, ist Gerichtsstand für alle Streitigkeiten aus Vertragsverhältnissen zwischen dem Kunden und dem Anbieter der Sitz des Anbieters.

(3) Der Vertrag bleibt auch bei rechtlicher Unwirksamkeit einzelner Punkte in seinen übrigen Teilen verbindlich. Anstelle der unwirksamen Punkte treten, soweit vorhanden, die gesetzlichen Vorschriften. Soweit dies für eine Vertragspartei eine unzumutbare Härte darstellen würde, wird der Vertrag jedoch im Ganzen unwirksam.