General Terms and Conditions of Business

  1. scope of application

The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2 Contractual partner, conclusion of contract

The sales contract is concluded with www.backrelease.com

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.

  1. contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

4 Delivery conditions

In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.

  1. payment

The following payment methods are available in our shop:

Payment in advance

If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit Card

When you place your order, you also provide us with your credit card details.

Once you have been identified as a legal cardholder, we will immediately ask your credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and your card is debited.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.

The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

6 Retention of title

The goods remain our property until full payment has been received.

The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.

  1. transport damage

For consumers:

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. Warranty and guarantees

Upon receipt, the customer must immediately inspect the goods for defects and condition. In the event of obvious defects, these must be notified in writing by e-mail within 14 days of discovery. At our discretion, we shall initially provide a warranty by remedying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).

Otherwise, the warranty for these defects shall lapse. The warranty does not cover normal wear and tear. The warranty expires if the customer changes the delivered goods.

Only our own information and the manufacturer’s product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

in the event of injury to life, limb or health

in the event of intentional or grossly negligent breach of duty or fraudulent intent

breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)

within the scope of a guarantee promise, if agreed

insofar as the scope of application of the Product Liability Act has been opened up.

Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.

  1. liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

in the event of injury to life, limb or health,

in case of intentional or grossly negligent breach of duty,

in the case of guarantee promises, if agreed, or

insofar as the scope of application of the Product Liability Act has been opened up.

In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

 

  1. place of jurisdiction

Place of jurisdiction is Lucerne, Switzerland.

The contracting parties agree on the application of Swiss law. For disputes arising from the contractual relationship, the competent court at the registered office of our company shall be agreed as the place of jurisdiction.

  1. protection of minors

From the age of 16

  1. legal notice:

The content of this homepage https://backrelease.com/shop/ is protected by copyright, unless otherwise indicated. The content may not be distributed, published, modified, copied or used for public or commercial purposes without written permission. Backrelease cannot assume any guarantee or liability for the correctness or completeness of this homepage and excludes any liability for incomplete or incorrect contents.

AGB provides with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke attorneys at law.

 

Disclaimer

The Backrelease is not a medical device

The Backrelease is a fascia training device in the field of wellness & fitness and serves to dissolve tensions and adhesions in the myofascial network.

The use of the Backrelease massager does not replace a medical diagnosis and treatment by a doctor or therapist and does not represent a healing treatment and therapy. Pain is a symptom whose causes can be varied and individual in nature. A doctor or therapist should be consulted in advance to define the cause.  The exercises may not be suitable for everyone. Pregnant women in particular should consult their doctor in advance.

The topic of “fascia and myofascial trigger points as a cause of pain” is one of many possible causes that can lead to pain.

The device and exercises shown here are only a suggestion. The device should be used carefully. Use and execution according to the instructions is at your own risk and responsibility. Each user waives the assertion of claims for damages of any kind against the author, their legal representatives or vicarious agents.

Manufacturers and publishers make no claim to the completeness of the application/treatment. There is no guarantee for a successful relief and/or elimination of the symptoms due to the application.

The manufacturer and publisher makes no promise of cure. Liability of the manufacturer and publisher or his representatives for personal injury, property damage or financial loss in connection with the use of the device and the instructions is generally excluded.

If the application according to the instructions does not lead to a positive development of the symptoms (muscle pain), this may be due to the exercises not being carried out correctly. In this case it makes sense to consult a therapist.

The device with the corresponding exercises represents a possibility of self-massage and treatment of fascia and trigger points.

  • Application from 16 years
  • Keep away from children
  • Do not place in the microwave to warm up
  • Do not refrigerate in the freezer
  • Do not use at the wheel of a vehicle or when operating a machine.
  • Keep away from water
  • No misuse
  • Do not use for diseases of muscles, nerves, joints or inflammations of the musculoskeletal system.
  • The use of the Backrelease does not represent a healing treatment and therapy.
  • Do not put pressure on the passive musculoskeletal system – spine, bones, joints, sensitive body regions
  • Backrelease is a wellness product and does not replace professional medical/therapeutic treatment or diagnosis.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.