Terms

General Terms and Conditions (GTC)

 

  1. Scope

The following general terms and conditions 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 cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal rights that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. 

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this. 

 

  1. Contractual partners, conclusion of contract

The purchase agreement is concluded with Born for Life GmbH.

By entering the products in the online shop, we make a binding offer for the conclusion of the contract for these items. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided for this purpose and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail.

 

  1. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

 

  1. Delivery

In addition to the stated product prices, shipping costs are added. You can find out more about the amount of the shipping costs in the offers.

We only deliver by shipping route. A self-collection of the goods is unfortunately not possible. 

 

  1. Payment

In our shop, the following payment methods are available to you:

Credit card

When you place your order, you send us your credit card details at the same time. Upon your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after ordering. The payment transaction is automatically processed 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 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. 

Bill

You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

more online payments

• Adjust

 

  1. Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the revocation notice. Entrepreneurs are not granted a voluntary right of withdrawal.

 

  1. Ownership

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

For entrepreneurs, we reserve the title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance, regardless of any 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 claims ourselves if you do not meet your payment obligations. 

 

  1. Damage

The following applies to consumers: If goods with obvious transport damage are delivered, please complain to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

 

For entrepreneurs, the risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. The obligation to investigate and complain to merchants is subject to the obligation to investigate and complain as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to notify the goods, the goods shall be deemed to have been approved, unless the defect was not apparent during the investigation. This does not apply if we have fraudulently concealed a defect. 

 

  1. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. 

When purchasing used goods by consumers, the following applies: if the defect occurs after one year after delivery of the goods, the claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. 

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place without any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

To contractors, only our own information and the product descriptions of the manufacturer, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. 

If the delivered item is defective, we shall first provide contractors with warranty at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). 

The above limitations and shortening of the deadline do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• to the extent that the scope of the Product Liability Act has been opened.
Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.

 

  1. Liability

We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• to the extent that the scope of the Product Liability Act has been opened.

In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents are limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. 

In addition, claims for damages are excluded.

 

  1. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) that you can HereTo find. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

 

  1. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office. 

 

GtC creates legal copywriter with the Trusted Shops in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

 

x