General Terms and Conditions of the Company Simon Bauer, Maximilian Modrich and Thomas Abentung GbR

§1 Validity vis-à-vis entrepreneurs and definitions of terms

(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB). 

§2 Conclusion of a contract, storage of the text of the contract

(1) The following provisions on the conclusion of a contract apply to orders placed via our Internet shop https://bebetter-official.com .

(2) In the event of a contract being concluded, the contract shall be concluded with

Simon Bauer, Maximilian Modrich und Thomas Abentung GbR
Deutingerstraße 29
D-82487 Oberammergau
register court Oberammergau



(3) The presentation of the goods in our Internet shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a sales contract.
(4) Upon receipt of an order in our Internet shop, the following provisions shall apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided for in our Internet shop.

The order takes place in the following steps:

1) Selection of the desired goods
2) Confirm by clicking the button "Add to shopping cart"
3) Check the details in the shopping cart
4) Press the button "proceed to checkout"
5) Login to the Internet shop after registration and entering the login details (e-mail address and password). 
6) Re-examination or correction of the respective data entered.
7) Binding dispatch of the order by clicking on the button "order subject to payment" or "buy".

Before the binding dispatch of the order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer. 

(5) Storage of the contract text with orders over our Internet shop: We store the contract text and send you the order data by E-Mail. You can view the general terms and conditions at any time under https://bebetter-official.com/AGB. You can view your past orders in our customer area under My Account -> Orders.

§3 Prices, shipping costs, payment, due date

(1) Shipping costs are added to the indicated product prices. You can find out more about the shipping costs during the order process. We only deliver by mail. It is not possible to collect the goods yourself.

2. The consumer shall have the option of payment by:

Klarna:

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna:

  • Invoice: The payment period is [14] days from dispatch of the goods / ticket / or, in the case of other services, provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany Austria
  • Installment purchase: With Klarna's financing service you can pay for your purchase in fixed or flexible monthly installments according to the conditions indicated in the cash register. Payment in instalments is due at the end of each month after Klarna sends you a monthly invoice. For more information on instalment purchasing, including the General Terms and Conditions and the European standard consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany Austria
  • Sofort: Available in Germany and Austria. Your account will be debited immediately after placing the order.
  • Direct debit: Available in Germany and Austria. The debit is made after dispatch of the goods. You will be informed of the time by e-mail.

PayPal:

During the ordering process you will be redirected to the website of the online provider PayPal. To be able 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.

Credit card (Visa, Mastercard): 

After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.

§4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all articles offered by us are ready for dispatch. The delivery takes place here within 4 working days. In the case of payment in advance, the delivery period begins on the day following the payment order to the bank commissioned with the transfer and, in the case of all other payment methods, on the day following the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day. 

(2) The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods are handed over to the buyer (§ 447 BGB), even in the case of sale to destination.

(3) Transport damage:

If goods with obvious transport damages are delivered, please complain such errors immediately to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

§5 Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. § 437 ff. BGB.
For used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the limitation period do not apply to claims due to damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health,
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
  • in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed or
  • to the extent that the scope of application of the Product Liability Act has been opened up.

For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

Customer service: You can reach our customer service at service@bebetter-official.com.

§6 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
  • to the extent that the scope of application of the Product Liability Act has been opened up.

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

§7 Description of article

  • The available product photographs and information texts represent the product as accurately as possible.
  • The Simon Bauer, Maximilian Modrich and Thomas Abentung GbR is not liable for any errors on the site and can not guarantee that all images accurately reflect the actual appearance of the product.
  • Photographs may vary depending on your computer's (color) settings. All pictures are non-binding illustrations and therefore do not guarantee a correct representation of the characteristics. Please note the written description. 

§8 Retention of title

We reserve title to the goods until the purchase price has been paid in full. 

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§6 Right of withdrawal of the customer as a consumer:

Right of withdrawal for consumers

According to § 355 BGB (German Civil Code), consumers are entitled to a right of revocation in accordance with the following provisions, whereby consumers according to § 13 BGB are any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity: 

Return Policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. 

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of revocation, you must

Simon Bauer, Maximilian Modrich und Thomas Abentung GbR
Simon Bauer, Maximilian Modrich und Thomas Abentung
Deutingerstraße 29
D-82487 Oberammergau
E-Mail info@bebetter-official.com

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory. 

Withdrawal sequences § 357 BGB

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. 

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. 

You shall bear the direct costs of returning the goods.

End of the revocation instruction 

§8 Warranty

The statutory warranty regulations apply. 

§9 Contract language

The contract language is exclusively German and English.

§10 Salvatoric clause

Should individual provisions of the contract including these provisions be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.

 

Status of Terms & Conditions Jun.2019

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