General Terms and Conditions

The General Terms and Conditions of Movepro GmbH are drawn up in accordance with the Consumer Protection Act, the Electronic Commerce Market Act, the Obligations Code, and international e-commerce codes of practice. The Data Protection and Privacy document is aligned with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

The online store laprimafit.com (hereinafter also referred to as the “store”) is operated by Movepro GmbH, Hauptstraße 16, 9431 St. Stefan im Lavanttal, Austria, which is also the provider of e-commerce services (hereinafter also referred to as the “seller” or Movepro GmbH). These General Terms and Conditions determine the operation of the online store laprimafit.com, the rights and obligations of the user and the store, and govern the business relationship between Movepro GmbH and the customer.

The rights expressly or implicitly attributed in these Terms to consumers apply exclusively to consumers. Legal entities or individuals acting for business purposes are not entitled to invoke these consumer rights.

Security of Business Operations

The operator of this online store (Movepro GmbH) uses appropriate technological and software tools to protect the transmission and storage of personal data and payment information.

The online shop is protected with an SSL certificate. Secure Sockets Layer (SSL) is a cryptographic protocol that enables secure communication over the internet, for example when browsing websites or sending emails, where confidential data (such as personal information or credit card numbers) must be transmitted.

Availability of Information

Movepro GmbH undertakes to provide the customer with the following information before the customer is bound by a contract or offer:

• Company details of Movepro GmbH (company name and registered address, VAT number)

• Contact details enabling the user to communicate quickly and effectively (email, telephone)

• Essential characteristics of the products and the validity period of this information

• Availability of the products (each product offered on the website should be available within a reasonable time frame)

• Delivery conditions for the products (method, place and delivery time)

• Clearly and unambiguously stated prices, indicating whether prices include taxes, shipping costs and any additional fees

• Method of payment and delivery or fulfilment

• Validity period of the offer, where applicable (e.g., sales, promotions, limited-time offers)

• The period during which the customer may withdraw from the contract and the conditions for withdrawal

• A description of the complaint handling process, including all contact information for the relevant customer support service or responsible person

Order and Conclusion of Contract

The sales contract between Movepro GmbH and the customer in the online store laprimafit.com is concluded at the moment when Movepro GmbH sends the customer the first email regarding the status of their order (titled: Order Receipt Confirmation). From that moment onwards, all prices and other conditions are fixed and apply to both Movepro GmbH and the customer. The customer is deemed to be the person whose details are provided at the time the order is placed. Subsequent changes to customer details are not possible. The sales contract (i.e., the first email concerning the order status) is stored in electronic form on Movepro GmbH’s server. The text of the contract is not accessible to the customer. The contract may be concluded in German, Slovenian, Croatian, and English.

Notwithstanding paragraph 1 above, Movepro GmbH may withdraw from a concluded contract without any liability, provided that it informs the customer of this by email no later than 72 hours after confirming receipt of the order. Movepro GmbH may exercise this right only in justified cases, including but not limited to an incorrectly stated price for the ordered item, the impossibility of supplying the ordered item, and similar situations.

Identification and Correction of Errors Before Placing an Order

Before placing an order (which creates an obligation to pay), Movepro GmbH enables the customer to review all selected items, their quantities and prices. The customer can easily correct any errors—e.g., remove a specific item from the shopping cart or change the desired quantity of ordered items. The number of corrections is not limited; the customer may make changes until fully satisfied with the order contents. Where feasible and appropriate, Movepro GmbH prevents data-entry errors (for example, an email address must be entered in a specific format, otherwise the system will not accept it, etc.).

Payment Methods

Movepro GmbH offers the following payment methods:

1. Bank transfer to the transaction account on the basis of an offer/pro forma invoice;
2. Payment card / credit card (Activa, MasterCard®, Visa, American Express, BA Maestro);
3. PayPal;

For online credit card payments, in the event of order cancellation or a change of payment method, please notify us at info@laprimafit.com.

Upon receipt of payment on the basis of the offer/pro forma invoice, the order proceeds to processing.

Deferred payment applies to legal entities and to public and local administration organisations that meet the appropriate creditworthiness criteria. Deferred payment is possible only by prior agreement at b2b@laprimafit.com.

Right of Withdrawal from the Contract

In accordance with the Consumer Protection Act, a customer who is a consumer has the right to withdraw from the contract within 14 days of receiving the goods, without having to state any reason for their decision. The withdrawal period begins on the day following receipt of the goods. Companies, sole traders and other legal entities do not have the right to withdraw from the contract.

The consumer has no right of withdrawal for goods which are not suitable for return for health protection or hygiene reasons, if the consumer has opened the packaging after delivery (e.g., food, dietary supplements, beverages, etc.).

The customer (the natural person consumer) must communicate their decision to withdraw from the contract to Movepro GmbH by email at info@laprimafit.com. The intention to withdraw must be expressed explicitly, clearly and unambiguously.

Once the customer has clearly and explicitly communicated the withdrawal, in accordance with the previous paragraph, they must return the goods to the warehouse address of Movepro GmbH: Partizanska cesta 64, 2317 Oplotnica, Slovenia. The customer must do so no later than 14 days after notifying Movepro GmbH of the withdrawal.

The customer must return the goods in the same quantity and undamaged. Exceptions apply only where the goods have been destroyed, spoiled, lost, or the condition (including quantity) has changed without the fault of the customer, and such circumstances can be proven.

Movepro GmbH will refund the payment received from the customer using the same means of payment as used by the customer. The refund will be made no later than 14 days after receiving the notice of withdrawal, however Movepro GmbH may withhold the refund until it has received the returned goods. The cost of returning the goods is borne by the customer.

The consumer is liable for any decrease in the value of the goods if the decrease is the result of handling that was not necessary to determine the nature, characteristics, and functioning of the goods. In such a case, before refunding the purchase amount, Movepro GmbH will deduct the amount corresponding to the reduction in value and refund the difference.

Issuing of Invoice

Movepro GmbH sends the invoice for the purchase in printed form as part of the delivered package. The invoice itemises the price and all costs associated with the purchase. The customer must verify the accuracy of their information before placing the order. Complaints related to incorrectly issued invoices submitted later are not accepted.

Promotional Code

A promotional code provides various purchase benefits and is time-limited. An active promotional code is available in promotional messages or through other media. If the customer uses a promotional code and subsequently cancels the order of their own choice, they are no longer entitled to reuse the same promotional code.

Procedure for using a promotional code:

1. Select the products you wish to purchase and add them to the cart. When finished, click Checkout. Select the delivery method, enter the delivery address, and choose the payment method.
2. In the step where payment details are entered, type the promotional code into the Promotional Code field and click Apply. Only one promotional code can be used per order (e.g., for 2 items in one order, a maximum of one promotional code may be applied). The value of the order must be at least €1 higher than the value of the promotional discount.
3. Once entered, the code is automatically deducted in the Order Summary step. The remaining amount is the amount to be paid.

Combining different discount types (discount code, promotional code, bonus) within the same order is not possible. Promotional codes also cannot be used on already discounted products or product bundles. Promotional codes cannot be used for products that are already on promotion or for B2B online store users.

Prize Draw Rules

Definition of Terms

The organiser of the prize draw is the seller – Movepro GmbH, Hauptstraße 16, 9431 St. Stefan im Lavanttal, Austria. A participant in the prize draw is a natural person who takes part in the announced prize promotions. Legal persons cannot participate in the prize draw. Winners of prizes are selected randomly by computer or determined by a commission appointed by the organiser.

Right to Participate in the Prize Draw (or prize product / voucher giveaways):

• Participants in the prize draw may be natural persons who are citizens of any EU Member State.

• Persons employed by the organiser and their close family members, as well as persons employed by other legal entities involved in the implementation of the prize draw, may not participate.

• Legal persons cannot be participants.

• Persons who do not accept the rules of the prize draw cannot participate.

By participating in the prize draw, the participant is considered to have accepted the prize draw rules.

Rules of Participation in the Prize Draw

No purchase of services or products from the organiser is required to participate in the prize draw, and no payment of any kind is required.

Electronic Prize Draw

All participants who meet the conditions of participation may be included in the draw. Each participant may enter the prize draw only once. The outcome of the draw is final. No appeals are possible. The winner will be notified of receiving the prize and the procedure for claiming it via email.

Obligations of the Prize Winner

The prize cannot be paid in cash, nor can it be exchanged for another item. The winner must provide the organiser with the following personal data in writing (by email):

• full name, address, email address, telephone number, and tax identification number,

• no later than two (2) days after receiving the notification that they have won.

The organiser is responsible for paying all taxes on prizes (including VAT). The organiser will issue a certificate in accordance with applicable income tax legislation. The prize winner is required to declare the value of the prize in their tax return. Upon receiving the prize, the winner must sign a statement confirming receipt of the prize. The organiser is not responsible for any taxes related to other prizes that may arise outside of this specific prize draw.

If the winner does not fulfil all obligations, it is considered that the winner does not wish to accept the prize, and the organiser becomes released from all obligations towards the winner and is entitled to dispose of the prize in any other manner. Prizes are not transferable.

If the organiser does not receive all required data and a confirmation that the winner wishes to receive the prize within three (3) business days from the time the winner was notified (e.g., due to refusal of the prize, incomplete address, incorrect email address, etc.), it is considered that the winner does not wish to accept the prize. In such a case, the organiser is released from all obligations towards the winner and may dispose of the prize in any manner.

Protection of Personal Data

The organiser of the prize draw protects all personal data obtained from participants during the conduct of the prize draw in accordance with the regulations governing the protection of personal data. The organiser may use the personal data obtained from participants exclusively for the purposes for which they were collected.

The participant, or their guardian or legal representative, may withdraw their consent for the use of personal data obtained in the prize draw for the purposes of direct marketing at any time. The organiser reserves the right to organise the prize award as a public event.

By participating in the prize draw, the participant grants permission for their name and address to be used in audio, photographic, and video material created by the organiser.

The winner grants the organiser permission to publish their personal data in public media and on the internet for the purpose of informing the public about the draw results and/or the receipt of the prize.

Publication of Prize Draw Rules

By submitting their data through the entry form, participants confirm that they are familiar with the rules of the prize draw and undertake to comply with them. In the event of any dispute or ambiguity, these rules shall prevail over any other publications, whether printed, electronic, or in any other form.

Legal Notice Regarding Copyright and Other Intellectual Property Rights

The Laprimafit.com online shop and all material on it, including text, product images, graphic and video elements, are protected and may not be reproduced or used without prior written permission from Movepro GmbH.

It is prohibited to reproduce, distribute, or otherwise use:

• the entire contents of the Laprimafit.com online shop database,

• any qualitatively or quantitatively significant part of the database,

• any non-significant part of the database where repeated and systematic use is contrary to the normal use of the database or unreasonably prejudices the lawful interests of Movepro GmbH.

Disclaimer Regarding Nutritional and Health Claims in Product Descriptions

All information on the website of Movepro GmbH (www.laprimafit.com) is for informational purposes only and is not intended to replace advice from a medical doctor or another healthcare professional. It is also not a substitute for appropriate medical care, as the information is not recognised by healthcare authorities.

The products and claims regarding individual products in the online shop have not been evaluated by governmental institutions and are not intended to diagnose, treat, cure, or prevent any disease.

The text descriptions of individual products are purely informational and have not been approved by the European Food Safety Authority (EFSA).

If you are taking any medication or other dietary supplements, consult your doctor before combining them.

Liability for Conformity of the Ordered Item

Movepro GmbH is liable for any lack of conformity of the ordered item that exists at the time of delivery of the item and that becomes apparent within two years from delivery of the item.

Exercising Rights in the Event of Non-Conformity

The consumer may exercise their rights arising from non-conformity if they notify Movepro GmbH of the non-conformity within two months from the day on which the non-conformity was established, at the address info@laprimatif.com. In the notice of non-conformity, the consumer shall describe the non-conformity precisely. The consumer must enable Movepro GmbH to examine the item which the consumer claims is non-conforming. If Movepro GmbH so requests, the consumer must, at the expense of Movepro GmbH, send the item by post to the address designated by Movepro GmbH.

If the existence of the non-conformity of the item is disputed, Movepro GmbH shall notify the consumer thereof in writing within 8 days of receipt of the consumer’s warranty claim or of receipt of the item.

In the event of non-conformity of the item, the consumer who has properly notified Movepro GmbH of the non-conformity is entitled to:

• require the seller to bring the item into conformity free of charge or to replace the non-conforming item;

• require a reduction of the purchase price proportionate to the non-conformity, or to withdraw from the sales contract and request a refund of the amount paid.

In any case, the consumer also has the right to require Movepro GmbH to compensate for damage, in particular reimbursement of the costs of materials, replacement parts, labour, transfer and transport of goods incurred due to the assertion of the warranty claim.

The consumer may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:

• Movepro GmbH has not repaired or replaced the item or has rejected the consumer’s warranty claim to bring the item into conformity;

• the non-conformity persists despite Movepro GmbH having attempted to bring the item into conformity;

• the nature of the non-conformity is so serious as to justify an immediate proportionate reduction of the purchase price or withdrawal from the sales contract; or

• Movepro GmbH has stated, or it is apparent from the circumstances, that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

Notwithstanding the preceding paragraph, the consumer may withdraw from the sales contract and request a refund of the amount paid if the non-conformity appears within less than 30 days from delivery of the item.

If the consumer requests a proportionate reduction of the purchase price, the reduction shall be proportionate to the decrease in the value of the item received by the consumer compared with the value the item would have had if it had been conforming.

The consumer shall exercise withdrawal from the sales contract by means of a statement by which they inform Movepro GmbH of the decision to withdraw from the sales contract.

Where the consumer withdraws from the sales contract, Movepro GmbH shall refund the amount paid without delay and no later than 8 days after receiving the item or proof that the consumer has sent the item back. If the consumer requests a proportionate reduction of the purchase price, Movepro GmbH shall refund the part of the purchase price within eight days of receipt of the request for a proportionate reduction of the purchase price.

Disclaimer of Liability

Movepro GmbH is not liable for complications or issues arising from improper use of goods/services. Employees of the online store Laprimafit.com are not authorised to provide personal assistance or resolve potential issues related to the use of goods/services. The provider is not responsible for the consequences of using food supplements and other products purchased through the website if such consequences arise from use that is not in accordance with the instructions for use of these products.

All information on the provider’s website is intended solely as a source of general information and does not constitute a substitute for consultation with a physician or dermatologist. In relation to your medical condition or illness, you must consult your personal physician or pharmacist. The customer/user must read and follow the instructions provided with the specific product before use. Read the instructions carefully before use. Consult your doctor or pharmacist/dermatologist regarding any risks or possible side effects. Movepro GmbH excludes all liability in full in cases where the rules stated in this paragraph are violated.

Protection of Personal Data

Movepro GmbH collects, stores and otherwise processes personal data in accordance with the information specified in the document Data Protection and Privacy.

The user is obliged to provide Movepro GmbH with personal data that is correct and truthful, and must also inform Movepro GmbH of any changes to their data. By accepting these terms and conditions, the user confirms that the personal data provided is correct.

Complaints and Disputes

Movepro GmbH respects the applicable consumer protection legislation. Movepro GmbH makes every effort to fulfil its duty to provide an effective system for handling complaints. In the event of difficulties, the customer may contact the seller Movepro GmbH via email at info@laprimafit.com. A complaint is submitted via the email address info@laprimafit.com. The complaint handling process is confidential.

Movepro GmbH is aware that a key characteristic of consumer disputes is the imbalance between the economic value of the claim and the time and costs required to resolve the dispute, which is often the main reason why the consumer does not initiate court proceedings. Therefore, Movepro GmbH strives to resolve any disputes amicably to the greatest extent possible.

Disclaimer of Liability

The provider assumes no liability for any potential consequences arising from the use of the online store and its content, including any material or non-material damage. The user is solely responsible for using the content of the online store reasonably and in their own best interest.

Although the online store is protected with an SSL protocol, there remains the possibility of misuse of the online store, over which the provider has no control. For this reason, the provider excludes liability for any transmission of malicious software that may be installed on the device used to access the online store. The provider advises users to familiarise themselves with cyber security risks and to protect their devices adequately against the potential transmission of malicious software.

Despite the provider’s efforts to ensure the accuracy and timeliness of the data and information in the online store with the utmost care, there is a possibility that due to the large number of products and rapid changes, the actual information regarding items, delivery times, prices, or other details may differ from what is stated in the online store or may be incomplete. The user is solely responsible for verifying information if there is a suspicion of errors or incompleteness.

We reserve the right to modify product information, including images and all related details, without prior notice.

The provider is not liable for occasional unavailability of the online store, any inaccuracies in information contained within the online store, nor for any damage arising from the inability to access, use, or rely on the information in the online store.

If the user orders an item that contains incorrect or incomplete information, the provider shall notify the user and enable cancellation of the order. If the user discovers incorrect information after placing an order but before receiving the item, the user must report the error to the provider, who will allow the cancellation or modification of the order.

The provider actively updates the product photographs in the online store; therefore, all images should be considered symbolic. Certain characteristics depicted in images may not reflect the actual condition of the product (e.g., product size displayed in images). The provider is not responsible for the content of comments submitted by other users in the online store. The provider may refuse comments that contain obvious falsehoods, misleading statements, or content that is offensive to other users or to the provider.

The provider reserves the right to make content and other changes to the General Terms and Conditions at any time and in any manner, regardless of the reason and without prior notice. The provider also reserves the right to modify the product offering in the online store without prior notice. The provider makes every effort to ensure that the information published on the website is up to date and accurate.

However, in certain cases, the provider may not be able to deliver a product because it is sold out and no longer in stock. Furthermore, characteristics of products, delivery times, or prices may change so quickly that the provider is unable to update the information posted online in time. In such cases, the provider will inform the customer of the changes and offer the option to cancel the order or to replace the ordered product.

If the exclusion of liability of Movepro GmbH under this section ("Disclaimer of Liability") is invalid for any reason, the provider’s liability for damages shall be limited to the lowest legally permissible amount; in case of doubt, this amount shall be deemed equal to the total net payments (excluding VAT and handling or delivery costs) made by the consumer to Movepro GmbH for the products actually purchased in the 12 months preceding the event giving rise to the claim for damages.

Out-of-Court Consumer Dispute Resolution

In accordance with statutory requirements, Movepro GmbH does not recognise any out-of-court consumer dispute resolution entity as competent to resolve a consumer dispute that a consumer may initiate pursuant to the Act on Out-of-Court Settlement of Consumer Disputes.

Additional Purchase Clarifications

Under the Obligations Code, the buyer is obliged to accept the ordered parcel and pay the cash-on-delivery amount. If the buyer fails to accept goods sent with cash on delivery and, after the postal holding period of fifteen (15) days, the shipment is returned to the company’s address, such behaviour does not constitute a withdrawal from the contract, as the contract remains valid; it constitutes an unilateral, unannounced failure by the buyer to perform the contract.

If the buyer does not accept the parcel, this action causes financial loss to the company. In the event of non-acceptance, the buyer is therefore liable to pay the shipping costs and the costs of dispatch/return of the products to the company. The seller will issue an invoice for these costs, which the buyer is obliged to settle, as no withdrawal from the contract has occurred. In the event of non-payment of the invoice by the buyer, Movepro GmbH will pursue the claim through an external collection agency. The costs of non-acceptance amount to EUR 19.90 and include administrative, packaging, shipping and return shipping costs.

The buyer is bound by the General Terms and Conditions in force at the time of purchase (submission of the online order). When placing an order, the user is each time expressly notified of the General Terms and Conditions and, by submitting the order, confirms their awareness and acceptance thereof. In the case of fraudulent orders, we will forward the IP address for further processing as an abuse.

Additional Purchase Clarifications – B2B

Additional discounts (discount codes, vouchers, coupons, etc.) cannot be applied.

For information regarding the application of product labels/declarations, please contact: b2b@laprimafit.com.