General Terms and Conditions of BESTZEIT from Offenburg
On the basis of these General Terms and Conditions (GTC) a contract is concluded between the customer and
Represented by Markus Nußbaum
Address: Hildastraße 79, 77654 Offenburg, Germany
Tel: 0781 / 284 285-000
E-mail address: email@example.com
Sales tax identification number: DE319553497
hereinafter referred to as the provider, the contract is concluded.
Subject matter of the contract
This contract regulates the sale of new goods and services through the online store of the provider. Because of the details of each offer is referred to the product description of the offer page.
Conclusion of the contract
The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the store system:
Selection of the offer in the desired specification (size, color, quantity)
Placing the offer in the shopping cart
Pressing the 'order' button
Entering the billing and delivery address
Selection of the payment method
Checking and processing of the order and all entries
Pressing the button 'order with costs
Confirmation e-mail that the order has been received
In addition to the store system, orders can also be placed by means of remote communication (telephone/e-mail), whereby the ordering process for the conclusion of the contract includes the following steps:
Calling Bestzeit / sending the order e-mail
Confirmation e-mail that the order has been received
With the sending of the order confirmation the contract is concluded.
Retention of title
Until full payment, the delivered goods remain the property of the provider.
Prices, shipping costs, return costs
All prices are final prices and include the statutory sales tax. In addition to the final prices, depending on the shipping method, additional costs are incurred, which are displayed before the order is sent. If a right of withdrawal exists and is used, the customer bears the costs of return.
Terms of payment
The customer has only the following options for payment:
Advance bank transfer,
payment service provider (PayPal)
Cash payment upon collection.
Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account indicated there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If a payment service provider is used, it enables the provider and customer to process the payment among themselves. In doing so, the payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective payment service provider. The invoice amount can also be paid in cash, deducting the shipping costs charged, at the Provider's offices during normal office hours. The customer is obliged within 7 days after receipt of the invoice to pay or transfer the stated amount to the account indicated on the invoice. The payment is due from the date of the invoice without any deduction. After the expiration of the payment period, which is thus determined by calendar, the customer is in default even without a reminder.
Terms of delivery
The goods will be shipped immediately after receipt of the order. On average, the goods are shipped after 3 days at the latest. The standard delivery time is 3 days, unless otherwise stated in the item description. The supplier ships the order from his own warehouse as soon as the entire order is in stock there. The customer will be informed about delays immediately. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by own suppliers, although a corresponding covering transaction was made in time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, especially payments, will be refunded.
Formation of contract
If the Customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the Customer upon handover, in the case of shipment upon delivery of the goods to the selected service provider for this purpose. The contract text is stored by the provider. The customer has no possibility to access the stored contract text directly.
The customer can correct errors in the input during the ordering process. For this he can proceed as follows: Information within 24h by mail.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day,
on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (BESTZEIT, Markus Nußbaum, Hildsstraße 79, 77654 Offenburg, 0781 / 284285-007, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.
Model withdrawal form in accordance with Art. 246a § 1 para. 2 No. 1 and § 2 para. 2 No. 2 EGBGB
Model withdrawal form
Hilda Street 79
Herewith I/we revoke
(*) the contract concluded by me/us
(*) the contract for the purchase of the following goods
(*)/the provision of the following service
(*) - Ordered on (*)/received on
(*) - Name of the consumer(s) -
Signature of the consumer(s) (only in case of paper communication) - Date
(*) Delete where inapplicable.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to BESTZEIT, Markus Nußbaum, Gerberstraße 13, 77652 Offenburg us without delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of liability
Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the provider, if the customer makes claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
In connection with the initiation, conclusion, processing and reversal of a purchase contract based on these terms and conditions, data is collected, stored and processed by the provider. This is done in accordance with the statutory provisions. The provider does not disclose any personal data of the customer to third parties, unless he would be required to do so by law or the customer has previously given his express consent. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with. The data provided by the customer in the course of placing an order will be processed exclusively for the purpose of contacting the customer within the scope of contract processing and only for the purpose for which the customer has provided the data. The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution entrusted with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years. During the visit to the Internet store of the provider, anonymous data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked in accordance with the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: BESTZEIT, Markus Nußbaum, Hildastraße 79, 77654 Offenburg.
The invalidity of any provision of these GTC shall not affect the validity of the other provisions.