Terms and Conditions for our web shop

General terms and conditions for a web shop

1. scope
2. contractor
3. conclusion of contract
4. right of withdrawal
5. prices and shipping costs
6. delivery
7. payment
8. retention of title
9. dispute resolution
10. Newsletter & contact

 

1. Scope
These General Terms and Conditions (GTC) apply to all deliveries from Betterguards Technology GmbH (hereinafter Beterguards) to consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

 

2. Contracting Party
The purchase contract is concluded with Betterguards Technology GmbH, Eiswerderstr. 20A, 13585 Berlin, commercial register: HRB 160382, District Court of Charlottenburg.

 

3. Conclusion of contract

1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.
2. By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.

 

4. Right of Withdrawal

1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
2. If you, as a consumer, make use of your right of withdrawal according to Section 4.1, you have to bear the regular costs of the return.
3. For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal
   
   
   Right of withdrawal
   
   right of withdrawal
   
   You have the right to withdraw from this contract within fourteen days without giving any reason.
   
   The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
   
   In order to exercise your right of withdrawal, you must send us [Betterguards Technology GmbH, Eiswerderstraße 20a, 03302 2309216 and support@betterguards.com] a clear statement (e.g. a letter sent by post or an email) about your decision to withdraw from this contract revoke inform You can use the attached sample revocation form for this, but this is not mandatory. You can electronically fill out and submit the model revocation form or any other clear statement on our website (insert Internet address). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
   
   To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
   
   Consequences of revocation
   
   If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
   
   You must return or hand over the goods to Betterguards Technology GmbH, Neuendorfstraße 17b, 16761 Hennigsdorf immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
   
   Betterguards will cover the cost of returning the goods. There are no additional costs for you.
   
   You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
   
   - End of revocation -
   
   
   

5. Prices and shipping costs

1. The prices stated on the product pages include statutory VAT and other price components.
2. In addition to the stated prices, we charge a flat rate of €3.50 per order for delivery to countries outside of Germany. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

 

6. Delivery

1. Delivery is only within the EU with DHL.
2. The delivery time is up to 3 days . We indicate any deviating delivery times with the order confirmation or on the product page. 

 

7. Payment
Payment can be made either by credit card, Paypal, ApplePay or GooglePay.

 

8. Retention of Title
The goods remain our property until full payment has been made.

 

9. Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr .  We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

10. Newsletter & contact

Newsletter dispatch via Klaviyo

Our e-mail newsletter is sent via the technical service provider »Klaviyo«, 225 Franklin St, Boston, MA 02110, USA ( http://www.klaviyo.com/ ), to whom we pass on the data you provided when registering for the newsletter . This transfer takes place in accordance with Article 6 (1) (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a Klaviyo server in the USA and stored there.

Klaviyo uses this information to send the newsletter on our behalf. Klaviyo does not use the data of our newsletter recipients to write to them themselves or to pass them on to third parties.
To protect your data in the USA, we have a data processing agreement with Klaviyo (“Data Processing Agreement”), in which Klaviyo undertakes to protect the data of our users, to process it on our behalf in accordance with their data protection regulations and, in particular, not to pass it on to third parties admit.

Klaviyo's privacy policy can be viewed here: https://www.klaviyo.com/privacy

 

contact

In order to continuously improve our product and our service, we reserve the right to contact customers on a random basis.

As a manufacturer and marketer of medical devices, we must fulfill our obligation under the European Medical Devices Regulation to actively monitor our medical devices after they have been placed on the market and to receive feedback from our customers and product users on safety, performance and usability over the entire product life cycle.

If you do not wish to be contacted by us, please indicate this in the comment field when ordering.

 

 

 

Source: Online trade, guide to the legal framework of e-commerce, taking into account the new consumer law, by lawyer Dr. Carsten Föhlisch/Trusted Shops GmbH and attorney Dr. Christian Groß/DIHK German Chamber of Industry and Commerce, DIHK Verlag, 2nd edition 2018 ( www.dihk-verlag.de )

Note: The pattern is published with the kind permission of the authors. 

The cancellation policy has been updated and corresponds to the current status as of May 28, 2022 in accordance with Annex 1 to Art. 246 a § 1 paragraph 2 sentence 2 EGBGB. (Appendix 1 newly created mWv 13.6.2014 by law of 20.9.2013 (Federal Law Gazette I p. 3642); amended mWv 21.3.2016 by law of 11.3.2016 (BGBl. IS 396); amended mWv May 28, 2022 by law of August 10, 2021 (Federal Law Gazette I p. 3483)).