Terms & Conditions
Yoga Junkies Fitness OG
Version of: November 2018
Welcome to Yoga Junkies!
Yoga Junkies provides a membership service for monthly surprises of yoga lifestyle products, delivered directly to your door.
- General terms, Scope of Application
- These General Terms and Conditions (hereinafter referred to as the “T&C“) apply to the use of our homepage (including our magazine) and all business relationships between Yoga Junkies Fitness OG (hereinafter “Yoga Junkies” or “us” or “we“) and Consumers (hereinafter “you“) about physical products (eg yoga equipment, jewelery, snacks) digital content (eg eBooks, streaming services), vouchers as well as our memberships.
- Our offer is aimed exclusively at consumers within the territory of the European Union. The ordered goods or the ordered voucher is not intended for resale. Therefore, only orders in household quantities will be accepted by us.
- Consumer is any natural person who enters into a legal transaction for purposes which can not be attributed to his commercial or independent professional activity.
- The T&C apply in their respective current version at the time of conclusion of the contract.
- Please review the T&C carefully.
- Membership and Shop
- You have three options to purchase Yoga Junkies products:
a) Via a monthly membership to the Yoga Junkies Box for an indefinite term.
b) Via a gift membership for a Yoga Junkies Box without automatic renewal.
c) Via single-purchase offers from the online shop
d) Via gift card
- Following your membership, we will send you our Yoga Junkies welcome box within 10 business days as a box for the calendar month of your initial membership. From the following calendar month on you will be synched to our regular cycle within which we send you our monthly compiled box on the 15th of each calendar month.
For example, if you purchase a membership on Monday, January 12th, we will send you our welcome box by January 26th at the latest. This will be your January box. From February on your box will be shipped on the 15th of each calendar month.
- We reserve the right to terminate existing memberships and block user accounts at any time without stating reasons.
- Accounts are limited to 1 per user.
- Conclusion of Contracts, Prices and Payment
- The presentation of our assortment in our online shop does not constitute a legally binding offer, but a non-binding online catalog. You can put physical products and downloads of digital content without commitment into the online shopping cart. You can make corrections at any time during the ordering process before submitting your order. You submit a binding order for the products and downloads contained in the shopping cart by clicking on the order button (“Buy Now”).
- All prices are indicated in EURO.
- All prices include the Austrian value-added tax in the current statutory amount.
- The shipping costs are included in the quoted prices, provided that the order is made to an address within Austria. For orders to addresses outside of Austria additional shipping costs, if any, are to be borne by the consumer.
- Immediately after submitting the order, you will receive an order confirmation with order details and a link to these T&C to the e-mail address provided by you. Please check the order confirmation for spelling and calculation errors as well as deviations between your order and the confirmation. You are obliged to inform us of any discrepancies immediately. You can review your order on your account on orders at any time.
- The time of the conclusion of a contract with us, depends on the chosen payment method:
a) Direct Debit (SEPA):
For physical products: With your click on the order button and shipping the goods or the order confirmation via e-mail by us.For downloads: with your click on the order button and provision of the download by us.
b) Credit card: with your click on the order button.
c) PayPal: with your click on the order button.
d) Sofort Überweisung: with your click on the order button.
e) EPS: with your click on the order button.
- In the case of a return debit note, Yoga Junkies charges a lump-sum reimbursement of EUR 3.00. The right of Yoga Junkies to claim any further damages due to the return debit remains unaffected thereby.
- For memberships, an initial payment for 1 month is due and collected immediately after the booking. Afterwards monthly recurring payments will be due on the 10th of each month (or the following working day, if the 10th should be a week or holiday) and collected by us, as long as you do not cancel your membership (notice of termination see point 4 below).
- Vouchercodes / discounts exclusively refer to the initial order, but not to recurring payments unless expressly stated otherwise in the offer / voucher. A cash payment of vouchers / discounts is not possible.
- In casewe cannot accept your order, you will be notified accordingly that the product is not available, instead of receiving an order confirmation. Your possibly already rendered payments to us will be refunded immediately.
- Contract Period, Contract Renewal and Termination
- Memberships will automatically renew for one month, until you terminate your membership. The termination must be made no later than the 5th of the month following the last delivery.
- Gift memberships end automatically after the expiry of the agreed term or delivery of the last shipment. A separate notice is not required.
For example:You subscribe to a membership in March. If you do not want to receive a box in April, you have to terminate your membership by April 5th at the latest. If you decide not to terminate your membership, your membership will automatically be prolongated and you will automatically receive our boxes for the following months (April, May, June etc.) and you are obliged to pay monthly accordingly.
- Please note that an effective cancellation can only be made by the owner of the respective user account.
- We deliver exclusively to parcel deliverable addresses within the EU. If the purchase contract refers to a voucher, the delivery will be made by email.
- Our delivery dates constitute exclusively non-binding information. Please note that delays in the delivery of our products by our suppliers may result in delays in the delivery process. Any deviations from delivery dates do not entitle to a refund of already rendered payments regarding to the respective order.
- We reserve the right to deliver only after full payment has been rendered. There is no entitlement whatsoever to prior delivery.
- Unless a different delivery address is explicitly stated in the context of an order, the delivery will be made to the delivery address you stated in the course of the registration of your user account.
- With respect todeliveries based on a membership, you must notify us of any change in the delivery address by the last day of each month at the latest (e.g. 31st January, 30th June) for deliveries of the following month, otherwise we are not liable for any delays or other damages whatsoever for delivering to the original address. Changes to the delivery address must be indicated under the tab adress of your user account or by email to firstname.lastname@example.org.
- After an unsuccessful delivery attempt to the delivery address submitted by you, no further delivery attempt will be carried out and you have to bear the costs of such unsuccessful delivery. Any further delivery must be requested under email@example.com or adress You have to bear the costs of such delivery.
- Right of Withdrawal
- Exercise of the rigth of withdrawal:
You have the right to withdraw from a contract within 14 days from the day on which you or a third party indicated by you who is not a carrier took possession of the goods or, in the case of digital content (eg e-books), which are not delivered on a physical medium (downloads) from the date of the conclusion of the contract, without giving any reason for your withdrawal.
Please note that your right of withdrawal for contracts for the delivery of digital content not stored on a physical data medium expires with the completion of the download.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from a contract. Please direct your withdrawal to
Yoga Junkies Fitness OG
1230 Vienna, Austria
To comply with the withdrawal deadline, it suffices that you send the message (letter or email) regarding the exercise of the right of withdrawal prior to the expiry of the withdrawal period and additionally return the goods within the deadline defined below.
Please find a form for the exercise of your right of withdrawal here: Yoga Junkies withdrawal form
- Consequences of withdrawal
If you withdraw from a contract concluded with us, we will refund all payments we received from you for the purchased goods, and will reimburse you for the costs of the cheapest standard delivery offered by us. Such repayment will be made without undue delay and no later than fourteen days, subject to the below-mentioned circumstances, from the date on which we receive the notice of cancellation of the contract. For such repayment we use the same means of payment that you used in the original transaction, unless otherwise agreed upon with you. We may withhold repayment until we receive back the goods or until you provide proof that you have returned the goods, whichever is the earlier.
You must return the goods to the address Yoga Junkies Fitness OG , Pülslgasse 10, 1230 Wien, Austria immediately and in any event no later than fourteen days from the date on which you have informed us of your withdrawal from a contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
The cost of the return shipment must be borne by you.
Please take care to ensure that the goods are not damaged before being returned for shipping to us.
You must pay for any loss of value of the goods, provided that such loss of value occured due to handling of the goods which was not necessary for the examination characteristics and functioning of the goods.
- Exceptions from the right of withdrawal
The right of withdrawal does not exist or expires in respect to the following contracts:
– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery or of goods which are, after delivery, according to their nature, inseparably mixed with other items;
-the supply of goods which are liable to deteriorate or expire rapidly;
– service contracts after the service has been fully performed by Yoga Junkies or if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by Yoga Junkies;
- Reservation of Ownership
- Physical goods remain the full property of Yoga Junkies until full payment has been rendered.
- In case of a qualified default of payment (persistent delay after reminder) we are entitled to assert our rights from the reservation of ownership. The assertion of the reservation of ownership does not constitute a withdrawal from the contract, unless we expressly declare such a withdrawal.
- Our warranty is limited to the statutory warranty provisions.
- Yoga Junkies is solely liable for damages caused by grossly negligent or intentional behavior. Yoga Junkies is not liable for damages occurred by slight negligenct behavior, except for injuries to a person´s body or health.
- Yoga Junkies is also not liable for damages caused by slightly negligent behavior of its vicarious agents,except for injuries to a person´s body or health.
- As far as the liability of Yoga Junkies is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents
- Our product usage and health tips constitute in any case non-binding information and are not eligible to substitute professional advice on sports, health or nutrition. Please always pay attention to the enclosed leaflets and instructions, if any.
- Data Protection
- Copyright of Digital Content
- All offered (digital) content (such as downloads, streams, e-books, training and nutrition plans) are protected by copyright. You are not granted ownership of this content, but receive the non-transferable right to use the (digital) content acquired by you, exclusively for personal use in the respective form offered.
- You are granted the right to download and copy digital content exclusively for personal use on any of your own devices. However, you are not permitted to change the contents of any digital content or to use modified versions, to make them publicly available or to forward them, to publish them on the internet or other networks against payment or free of charge, to copy them, to print them, to resell them or otherwise forward them for commercial purposes to third parties.
- You receive the right to download digital content once. As far as possible, we will provide you with further downloads after the first complete download; however, you are not granted an entitlement to further downloads. After a successful initial download, we are entitled to limit, suspend or discontinue the download option at any time in our sole discretion.
- Alternative Dispute Resolution
- The EU Commission provides a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached via the external link https://ec.europa.eu/consumers/odr/.
- We endeavor to settle any disputes arising from our contract by mutual agreement. However, we are not obliged to participate in a conciliation procedure of any kind and unfortunately cannot offer you participation in such a procedure in the mentioned in point 12.1.
- Applicable Law / Jurisdiction
- These T&C as well as any contract entered into with Yoga Junkies are subject to Austrian substantive law under exclusion of its conflict of laws rules and the Convention of the International Sales of Goods (CISG).
- All claims arising out of these T&C or a contract concluded with Yoga Junkies shall be exclusively referred to the competent Court of Vienna Innere Stadt (1010 Vienna).
- No Waiver in Case of Non-Assertion of Claims
Any (temporary) non-assertion of claims arising out of these T&C in no way constitutes as a waiver of our claims. We continue to be entitled to assert our rights on any occasion in which you violate these conditions, or pursue temporarily not asserted claims.
- Changes to the T&C
Yoga Junkies reserves the right to change the homepage and the T&C at any time. The T&C apply in their respective current version at the time of conclusion of the contract.
The invalidity or unenforceability of any provision or provisions of these T&C shall not affect the validity or enforceability of the remaining provisions hereof. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely reflects the economic purpose of the invalid and unenforceable provision.
Should you have any questions regarding these T&C please do not hesitate to contact us at firstname.lastname@example.org. We will gladly answer any questions you might have.
Have fun with your Yoga Junkies Box!