1 Applicability to entrepreneurs and definitions of terms
The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
“Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
2 Conclusion of a contract, storage of the contract text
The following provisions on the conclusion of a contract apply to orders via our internet shop www.bestelements.de.
53604 Bad Honnef, Germany
VAT ID no .: DE17554849
The presentation of the goods in our online shop does not constitute a legally binding contract 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 purchase contract.
The order signed by the customer is a binding offer; this also applies to orders that qualify as an offer within the meaning of Section 145 of the German Civil Code (BGB). We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.
Goods and services that are offered by third parties by means of links are carried out in accordance with the applicable terms and conditions of the respective provider.
When an order is received in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order takes place in the following steps:
Selection of the desired goods
Confirm by clicking the button “add to shopping cart”
Checking the information in the shopping cart
Press the button “to checkout”
Registration in the internet shop after registering and entering the applicant details.
Another check or correction of the respective entered data.
Binding dispatch of the order by clicking the button “Buy now”.
Before the binding submission of the order, the consumer can return to the website on which the customer’s information is recorded and correct or correct input errors by pressing the “Back” button contained in the Internet browser used by him after checking his details Cancel the order process by closing the internet browser. We immediately confirm receipt of the order by an automatically generated email (“order confirmation”). With this we accept your offer.
Storage of the contract text for orders via our internet shop: We save the contract text and send you the order data. You can also view the terms and conditions at any time at https://bestelements.de/de/allgemeine-geschaeftsbedingungen.
BestElements is entitled to refuse to accept orders without giving reasons.
In the case of digital products for download, the order is accepted by providing the download link as a clickable button in the online shop or by sending a link to the customer by email.
3 Copyright and Copyright
All intellectual property rights (including but not limited to copyright) on the materials that are distributed by us are the property of the shop operator BestElements and its suppliers.
No duplication, modification, reorganization, adaptation or use of either part or all of the material appearing in the publications may take place without the written consent of the author. No parts of the content may be copied, reproduced, displayed, adapted or otherwise circulated in any form or in any way. Modifying these documents or using them for other purposes is against the property rights of the author. Any unauthorized use of the materials or publications is a criminal offense and can be legally challenged.
Before passing them on to third parties, the customer requires our express written consent. For permission to reproduce materials or publications, please contact Thomas Schmidt.
4 Prices – Terms of Payment
Payment can generally be made by bank transfer or PayPal Plus with invoice, direct debit or credit card. We reserve the right to offer you only certain payment methods for the requested delivery. Payment methods Invoice, credit card and direct debit are processed using the PayPal Plus service.
Payment of the purchase price must be made exclusively to the account specified on the invoice or in the order confirmation. Deduction of discount requires special written agreement.
The statutory value added tax is shown separately on the invoice. Unless otherwise stated in the order confirmation, payment is due immediately. The goods are dispatched after receipt of payment. The legal rules regarding the consequences of default in payment apply. Interest on arrears will be charged at the rate of 5% or 8% above the respective base rate p.a. The assertion of a higher damage caused by default remains reserved. In this case, the customer has the opportunity to prove that the asserted damage caused by default did not occur at all or at a significantly lower level.
The processing fees for any return debits are borne by the customer in any case.
If you give us a SEPA mandate, payment will be made by direct debit from your bank account. The purchase price will be debited from your account 1 bank working day after we have placed the order. The pre-notification period is shortened to 1 day. The buyer guarantees to provide sufficient funds for the account. Costs that arise due to non-cashing or chargeback of the direct debit shall be borne by the buyer as long as the non-cashing or chargeback was not caused by us.
The authorization to collect debts by means of SEPA direct debit is deemed to be legally binding as soon as the customer has clicked the confirmation button provided during the payment process.
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. He is also authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
6 delivery time
The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer’s obligation. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. The customer reserves the right to prove that the damage claimed did not occur at all or that the amount was significantly lower.
If the requirements of Paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
Further legal claims and rights of the customer remain unaffected.
If a product is not available, BestElements will inform the customer immediately and reimburse the payments already made. Delays in delivery due to force majeure and on the part of third parties are permissible within reason.
In the case of download products, the contract is fulfilled by BestElements if the executable download link has been made available to the customer once.
7 Shipping costs Transfer of risk, packaging costs
Any shipping costs incurred are shown separately in the shopping cart before the binding order is placed.
Unless otherwise stated in the order confirmation, delivery “ex works” is agreed, provided the customer is an entrepreneur.
If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect are borne by the customer.
When shipping abroad, the customer bears all transfer costs, in particular the shipping costs, customs duties and other fees.
8 Rights of use for download products
The customer receives a simple right of use for personal, non-commercial use of the digital product purchased. Any public reproduction, including the lecture, demonstration, performance, broadcast and making available on the Internet is prohibited.
9 Liability for Defects
Obvious defects must be reported to us in writing by the buyer within 2 weeks of delivery of the subject matter of the contract. Entrepreneurs have to meet their obligations under Section 377 of the German Commercial Code (HGB).
The customer initially has the choice of whether the supplementary performance should be carried out by means of subsequent improvement or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer. In the event of the removal of the defect, we are obliged to bear all expenses necessary for the purpose of the removal of the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item was moved to a location other than the place of performance. During the supplementary performance, the customer cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed if the second attempt is unsuccessful beaten, unless something else results in particular from the nature of the thing or the defect or the other circumstances
If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can, at his option, request a reduction in the purchase price (reduction) or withdraw from the contract.
Drinking water filter devices are to be connected to the mains immediately after delivery. Later defects – especially of the membranes – which can be attributed to too long storage are not included in the warranty and guarantee.
The customer can only assert claims for damages under the following conditions due to the defect if the supplementary performance has failed or we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents
Decibel values are averaged values from several series of measurements with the non-calibrated app sound measurement, decibel meter and decibel X as well as technical information from suppliers and are to be regarded as a guide value.
The warranty period for new items is based on the statutory provisions. This period also applies to claims for compensation for consequential damage caused by a defect, provided that no claims are asserted from tortious acts.
10 joint liability
Any further liability for damages than the above is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
The limitation according to Paragraph (1) also applies if the customer requests reimbursement of useless expenses instead of a claim for compensation for the damage.
Insofar as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.
11 Warranty and Guarantee
If the goods have defects which not only negatively affect the use in accordance with the contract, the customer is initially only entitled to subsequent performance. BestElements can remedy the defect by delivering a defect-free item or by repairing items that have already been delivered. The improvement is deemed to have failed after the second unsuccessful attempt at the earliest. Thereafter, the customer can reduce the price or withdraw from the contract.
12 Securing retention of title
We reserve ownership of the purchased item until all payments from the delivery contract have been received, provided that it is an entrepreneur until all payments from the business relationship with the customer have been received. If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. If we take back the purchased item, we withdraw from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be offset against the customer’s liabilities – less reasonable disposal costs.
The customer is obliged to treat the purchased item with care. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incur.
The external treatment and processing or transformation of the purchased item by the customer is always done in our name and on our behalf. In this case, the customer’s entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us and keep the resulting sole or co-ownership for us.
13 Place of jurisdiction – place of performance – miscellaneous
Unless the customer is a businessman, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at his local court. If the customer moves his domicile or usual place of residence outside the scope of the Federal Republic of Germany after the conclusion of the contract, our place of business is the place of jurisdiction. This also applies if the place of residence or usual place of abode is not known at the time the action is brought.
The law of the Federal Republic of Germany; the validity of the UN sales law is excluded.
Unless otherwise stated in the order confirmation, our place of business is the place of performance.
Should individual provisions of this contract be or become ineffective or contain a loophole, this shall not affect the remaining provisions.
The customer’s terms and conditions do not apply, even if the provider has not expressly contradicted them.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.