General Terms and Conditions for Consumers
General Terms and Conditions (GTC) of BestEffect GmbH
1. Scope of GTC
We execute your order according to our GTC valid at the time of the order. Our General Terms and Conditions in their current version are available to you on our website www.besteffect.com under the heading "General Terms and Conditions" as well as via a direct link at the bottom of each individual page. These General Terms and Conditions in the version valid at the time of the order apply to all business relations between BestEffect GmbH and its customers with regard to the goods and services offered by the seller in his web shop.
2. Conclusion of contract
You can order from us by telephone or via our homepage (Internet). In the case of orders placed by telephone without specifying the method of payment, we reserve the right to send the goods cash on delivery (see below).
Our offers on our homepage (Internet) are subject to change and non-binding. You can select products from our range in the desired quantity and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". You can change and view the data at any time before sending the order. By clicking on the button "order with obligation to pay", you make a binding offer to conclude a purchase contract for the purchase of the product in question. Immediately after receipt of an offer, we will send you a confirmation of receipt of the offer, which does not constitute acceptance. We are then entitled to accept your offer within 14 calendar days by sending you an order confirmation (by post or by e-mail) or by sending you the ordered goods. Your order shall only be deemed to have been accepted when we have accepted it by means of an order confirmation or when you have received the goods. We are not obliged to accept an offer. If your offer is not accepted by us within 14 calendar days, the offer is deemed to be rejected. No contract of sale shall be concluded for products that are not listed in the order confirmation.
A password required for ordering may not be passed on to third parties. In the event of disclosure, you shall also be liable for orders placed by the third party. You are responsible for any orders placed with your password and any resulting claims.
Our offer is aimed at end consumers. Therefore, only orders in household quantities will be accepted.
We dispatch goods marked as "immediately available" by standard dispatch at the latest on the 5th working day (the day on which the goods are handed over by us to the shipping company is decisive) after
a) The day of receipt of the full purchase price including VAT and shipping costs, if delivery against advance payment has been agreed, or
b) The day of the conclusion of the purchase contract if payment by cash on delivery, invoice or credit card has been agreed.
We generally assume that delivery of the goods to addresses within the Federal Republic of Germany will take approx. 1 to 3 working days.
Should an item exceptionally not be available or not be available as quickly, we will inform you as soon as possible of the delivery date or alternatively that the delivery cannot take place. We reserve the right to make a partial delivery if this appears to be advantageous for a quick processing and if this is reasonable for you. If a partial delivery is made, we will of course pay the additional shipping costs. This will not result in any further costs for you.
If we are unable to deliver the goods ordered by you through no fault of our own, we expressly reserve the right to withdraw from the contract.
4. Cancellation policy
Commencement of the cancellation policy
Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or the day on which you have received the goods,
- Have taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods are delivered as a whole, or
- Has or have taken possession of the last goods if you have ordered several goods as part of a single order and the goods are delivered separately, or
- Has/have taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces.
If there is more than one of the above, the withdrawal period will not start until you or a third party named by you, who is not the carrier, has taken possession of the last goods or the last partial shipment or the last item.
In order to exercise the right of revocation, you must send us
Telephone number: +49 931 80 998 220
By means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form below, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from 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 for 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 us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation 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 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.
End of the cancellation policy
We ask you to use the enclosed return forms and the original box for the return and to fill out the return slip completely, although this is not a prerequisite for the effective declaration of the revocation.
Exclusion of the right of revocation
The right of revocation does not apply to contracts
- For the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- For the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- For the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- For the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- Premature expiry of the right of withdrawal
- The right of withdrawal shall expire prematurely in the case of contracts
- For the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312 g (2) no. 3 BGB (new version));
- For the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- For the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
All prices stated are Euro amounts and include the statutory value added tax. Postage and shipping costs shall be added in accordance with the following list under item 6. The prices listed in the offer at the time of the order shall apply.
6. Shipping costs
Here you will find all information about the shipping costs for deliveries within the Federal Republic of Germany:
The shipping costs generally amount to EUR 4.95. These are generally charged for every delivery!
In particular, the shipping costs for payment by cash on delivery amount to EUR 10.95.
7. Terms of payment
In principle, we accept payment by invoice (exclusively for existing customers), Paypal, instant bank transfer, credit card, cash in advance or cash on delivery if your place of residence is within Germany.
However, we reserve the right not to offer certain means of payment for each order and to refer to other means of payment. If you live outside Germany, payment is only possible by credit card, Paypal (information on the countries in which payment by Paypal is possible can be found at www.paypal.de.), Sofortüberweisung (information on the countries in which Sofortüberweisung is possible can be found at www.payment-network.de) or cash in advance.
a) Payment by invoice, payment by instalments and SEPA direct debit
Additional General Terms and Conditions (GTC) for purchase on account or payment by instalments or SEPA direct debit from BestEffect GmbH can be found under the following link: https://payment.payolution.com/payolution-payment/infoport/termsandconditions?territory=DE&mId=QmVzdEVmZmVjdCBHbWJI
Paypal is an online payment service provided by PayPal (Europe) S.à r.l. & Cie, S.C.A., which offers a real-time payment solution. In order to use Paypal, you need a Paypal account where you can store your bank or credit card details so that they do not have to be entered for every purchase. With Paypal you can pay easily by entering your email address and password. Your Paypal account will be charged directly with the corresponding amount and you will receive an order confirmation by email. As soon as the goods are packed, you will receive a shipping confirmation in which the shipped items are listed again. For further information see www.paypal.de.
c) Payment by credit card
We accept VISA and EURO-/MASTERCARD credit cards. Tell us the card number, the card verification number (KPN)* and the validity date of the card. Your card account will be charged with the invoice amount when the invoice is issued. *You will find the card verification number (KPN) on the back of your VISA and EURO/MASTERCARD. It consists of a three-digit numerical code and follows the 16-digit card number.
d) Payment in advance
After your order we will send you an e-mail with our bank details and your personal reason for payment. Please make the transfer only after you have received our e-mail. After the complete purchase price including VAT and shipping costs has been credited to our account, your order will be shipped.
e) Payment by cash on delivery
Payment is made directly to the delivery company upon delivery of the goods. For deliveries within the Federal Republic of Germany, there are no additional charges to the shipping costs shown in section 6.
Should you be in arrears with your payments, we reserve the right to charge you the statutory interest on arrears.
g) Processing costs for return debit notes
In the event of insufficient funds in your account, we will incur so-called "return debit costs". We incur costs of EUR 5.00 per return debit note. This amount is to be paid to us by the customer as a lump sum for damages.
h) Klarna's payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of dispatch of the goods. You can find the invoice conditions here.
Instalment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. Further information on the instalment purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit can be found here.
Sofortüberweisung: Your account will be debited immediately after placing the order.
The warranty is governed by the statutory provisions. All products offered are shipped within the minimum shelf life. In the case of complaints, we ask for proof of the date of purchase by means of an invoice and sending the article complained about together with a copy of the invoice to:
Katzwanger Street 150
Building 1d EG
However, compliance with these formalities is not a prerequisite for the existence of any warranty claims.
9. Product care/use
Please observe the instructions on the labels of the articles/products or in the operating instructions.
Medicines must be stored carefully and out of reach of children. Package inserts and instructions for use must be observed.
Food supplements are no substitute for a varied and balanced diet and a healthy lifestyle.
We participate in a dual system for the sales packaging placed on the market by our company in Germany.
10. Retention of title; set-off; right of retention
a) We reserve the right of ownership of the purchased goods until the invoice amount has been paid in full.
b) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
11. Data protection /personal data
12. Exclusion of liability
12.1 The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to the other legal requirements for claims.
12.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
12.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
12.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
12.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
13. Claims for defects
The product illustrations do not always have to correspond to the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after the manufacturers have updated their product ranges. Claims for defects do not exist insofar as the changes are insignificant and reasonable for the customer.
14. Applicable law
German law shall apply to all disputes arising from or on the basis of this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply insofar as the protection granted is not thereby withdrawn by mandatory provisions of the state in which the consumer has his habitual residence.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Nuremberg.
15. Alternative dispute resolution
Platform of the EU Commission for online dispute resolution: https://www.ec.europa.eu/consumers/odr
We shall endeavour to settle any disputes arising from our contract amicably.
Beyond that, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure.
16. Provider information
Name of the recipient: BestEffect GmbH
IBAN: DE50 7906 9150 0005 7307 08
Name of the bank: Raiffeisenbank Main-Spessart eG
Katzwanger Street 150
Building 1d ground floor
17. version information
AGB Version 1.2 valid from 15.09.2021