General terms and conditions of business
I. General Terms and Conditions and Customer Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Ident UG & Co. Kg, hereinafter referred to as “ BEIT. ”) via the mybeit.life website. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item description. If there are any errors in the price of goods, we reserve the right to contest and withdraw from the contract. In the event of a contest due to error, we will immediately notify you of the contest by email.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" on the "One Step Checkout" page and make changes there at any time using the corresponding button in the navigation bar.
After calling up the "Checkout / One Step Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again.
Before submitting your order, you have the opportunity to check all the information again, change it (also via the "back" function of your Internet browser) or cancel the purchase.
By submitting the order via the "Buy now" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
If you use an instant payment system (e.g. PayPal, Sofort) as your payment method, you will be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(5) Please note that we only sell all products in household quantities. This applies both to the number of products ordered in one order and to placing multiple orders for the same product, where each order contains a household quantity.
(6) If the goods cannot be delivered due to force majeure or product discontinuation or if we are unable to obtain the ordered products under reasonable conditions and if these circumstances only occurred after the contract was concluded and are not our responsibility, BEIT. will be released from the obligation to deliver. If events occur that make delivery significantly more difficult or impossible for us - for example strikes, lockouts, official orders or similar - we are not responsible for delays, even if binding deadlines and dates have been agreed.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract at your discretion. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by us due to injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 5 Cancellation policy
Right of withdrawal
Right of Withdrawal
(Consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.)
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day
- on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered as a single item;
- on which you or a third party other than the carrier designated by you took possession of the first goods, provided that goods are delivered for regular delivery over a specified period of time within the scope of an order.
To exercise your right of withdrawal, you must
Ident UG & Co. Kg
Schwedensteinstrasse 24
D-81827 Munich
Email: vip@mybeit.life
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
If you make use of this option, we will try to send you a confirmation of receipt of your cancellation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you for the goods purchased, but we will not refund the return shipping costs. This refund will be made promptly and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will we charge you any fees for the refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
To do so, you must return the goods promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will have to bear the regular costs of return if the goods delivered correspond to those ordered.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal expires prematurely for contracts
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
END OF REVOCATION
§ 6 General information on returns
Please avoid damaging or contaminating the goods before returning them. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that the goods are adequately protected against transport damage by using proper packaging. In this case, proper packaging means that the packaging must comply with the terms and conditions of the shipping service provider.
If the delivered goods do not correspond to the goods ordered, please contact us before returning the goods at: vip@mybeit.life with the reason for your return request.
Never send the goods back to us freight collect, otherwise the parcel service provider will charge high fees which we will have to pass on to you.
Your right of withdrawal remains unaffected by this regulation.
§ 7 Liability
BEIT. is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by BEIT. or a legal representative or vicarious agent of BEIT.
Furthermore, BEIT. is liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and whose compliance you regularly rely on. In this case, however , BEIT. is only liable for foreseeable, contract-typical damage. BEIT. is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
To the extent that BEIT. ’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 8 Choice of law, place of performance, place of jurisdiction, final provisions
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) We reserve the right to make changes to our website, rules and conditions, including these Terms and Conditions, at any time. Your order will be subject to the Terms and Conditions in force at the time you place your order, unless a change to these Terms and Conditions is required by law or by official order (in which case they will also apply to orders you have previously placed).
(5) If individual provisions in this contract, including this clause, are invalid in whole or in part, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
_______________________________________________________________________________________
II. Customer information
1. Identity of the seller
Ident UG & Co. Kg
Schwedensteinstrasse 24
81827 Munich
Germany
Email: vip@mybeit.life
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (credit institution transfer or exchange rate fees), which you must bear. You must also bear the costs of money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
6.3. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The delivery address may differ from the billing address.
6.4. On the website itself you will find information on the availability of products sold by BEIT. (e.g. on the respective product detail page). As a precaution, we would like to point out that all information on the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. If BEIT. determines during the processing of your order that products you have ordered are not available, you will be informed of this separately. The purchaser's legal claims remain unaffected by this.
6.5. If delivery to the customer is not possible because the customer or a person authorized to receive the goods cannot be found at the delivery address provided by him, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery or return and redelivery.
6.6. For organizational reasons, it is unfortunately not possible to collect the goods yourself. There is no entitlement to this. However, if in an individual case there are such exceptional reasons that standard shipping is not an option, please contact us with such a request. BEIT. will then try to accommodate the self-collection as best as possible and to a reasonable extent.
6.7. Unless we have agreed otherwise with you, several items with different delivery times will be sent in one shipment. In this case, the delivery time for the ordered item with the longest delivery time will apply to the entire shipment.
6.8. Our packages are sent from our warehouse using various shipping service providers in Germany. Delivery within Germany usually takes place within 4-7 working days, unless other estimated delivery times are specified under the following link.
The delivery period begins on the day after the contract is concluded. In the case of advance payment via online transfer, this is on the business day after receipt of the payment order by the transferring bank, and in the case of advance payment via a paper-based transfer, this is two business days after receipt of the payment order by the transferring bank.
The delivery period ends on the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day will take the place of such a day.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).