TERMS & CONDITIONS
§1 Scope and definitions
(1) These General Terms and Conditions shall apply to all business relations between us and the Customer in the version valid at the time of the order.
(2) "Consumer" in the sense of these General Terms and Conditions is any natural person who maintains business relations with us for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).(
3) "Entrepreneurs" within the meaning of these General Terms and Conditions are all natural or legal persons or partnerships with legal capacity who enter into business relations with us and who act in the exercise of their commercial or self-employed activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or independent activity, he also benefits from the rights intended for consumers. He shall be deemed to be a consumer within the meaning of these Terms and Conditions.
(4) "Customers" within the meaning of these General Terms and Conditions shall be understood to include both consumers and entrepreneurs.
(5) General Terms and Conditions of Business of entrepreneurs that conflict with, deviate from or supplement our General Terms and Conditions of Business shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
§2 Formation of the contract
(1) The following regulations concerning the conclusion of the contract apply to orders placed in our Internet store www.dontbehave.io
(2) If a contract comes into being, it is concluded with
A company of Jonas Kirsch
represented by Jonas Kirsch
Neue Grünstrasse 32 10179 Berlin
(3) The placement of goods in our Internet store does not constitute a legally binding contract offer by us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thereby submits an offer to conclude a purchase contract that is binding for him for a period of 2 weeks.
(4) When an order is received in our Internet store, the following regulations apply:
If a customer goes through the ordering process described below, he thereby submits a binding offer to enter into a contract. The ordering process takes place in these steps:
a) Selecting the desired goods
b) Confirming by clicking the "add to shopping cart" / “I need it” / “I want it” button
c) Checking all information in the shopping cart
d) Clicking the "Continue" button
e) Logging in to the web store after registering and entering the login data (e-mail address and password) or ordering as a guest.
f) Checking and correcting the entered data.
g) Binding sending of the order by pressing the button "order with costs". Before sending the binding order, the customer can click on the "Back" button of his Internet browser and, after checking his data, return to the page on which the data entered by the customer during the ordering process were recorded. There he can correct any errors or end the ordering process by closing the Internet browser.
(5) After receipt of the order, we confirm it by an automatically generated e-mail. However, this e-mail does not constitute an acceptance of the offer on our part. An acceptance of the offer by us is made in writing, in text form or by sending the goods. We reserve the right to check the offer of a customer and not to accept every offer. For example, we reserve the right to reject a customer's offer if we have indications or reason to believe that technical aids (e.g. bots) were used in the submission of the offer. In the event of non-acceptance of an offer, we do not owe a separate explanation or reason for the rejection.
(6) We store the text of the contract and send you the data of your order as well as our General Terms and Conditions by e-mail.
§3 Regulations on prices, shipping costs, payment and due date
(1) All prices that we indicate in our online store include the statutory sales tax and other price components. Not included are any shipping costs, which may be charged separately.
(2) Payment is generally made by PayPal, by credit card (Mastercard, Visa). We reserve the right not to offer all payment methods for certain order/delivery requests and to require advance payment for the order placed in order to hedge the credit risk in accordance with the customer's creditworthiness.
(3) Depending on the payment method chosen by the customer, the payment and debiting of the customer's account shall be carried out in accordance with the regulations agreed with the respective payment provider (including their GTC).
(4) The Customer shall receive an invoice with the delivery of the goods. In the case of partial deliveries, the Customer shall be issued an invoice for the partial amount.
(5) During the period of default, an entrepreneur shall pay interest on monetary debts at a rate of 8 percentage points above the base interest rate. However, we reserve the right to claim higher damages for default from an entrepreneur.
(6) An entrepreneur shall only have a right of set-off if his counterclaims with which he wishes to set off are undisputed or have been finally determined by a court of law.
§4 Regulations on delivery and transfer of risk
(1) If the customer chooses payment via PayPal or prepayment, the goods will only be shipped after receipt of payment.
(2) If the customer is a consumer, a transfer of risk of accidental loss and accidental deterioration of the item takes place only with the handover of the item to the customer.(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the item shall pass to the customer when we hand over the goods to the logistics company commissioned by us.
(4) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately about the non-observance of the delivery time. If we are still unable to deliver the ordered item within the newly determined period, we shall be entitled to withdraw from the contract in the case of entrepreneurs. If the customer has already made counter-performances, we will refund these immediately.
§5 Retention of title
(1) If the customer is a consumer, we retain title to the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we retain title to the goods until full payment of all claims arising from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we shall be obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he may resell the goods in the ordinary course of business. In this case, he already now assigns to us all claims in the amount of the invoice amount which accrue to the customer from a resale to third parties. We already now accept the assignment. The entrepreneur shall be authorized by us to collect the claim after the assignment. We reserve the right, however, in the event. However, we reserve the right to collect the claim ourselves in the event that the entrepreneur does not properly meet his payment obligations and defaults on payment. Any processing of the delivered goods by an entrepreneur shall be carried out in our name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This co-ownership shall be measured in proportion to the value of the goods delivered by us. The same shall apply if an entrepreneur processes or mixes the goods with items that do not belong to us.
(1) The statutory warranty provisions shall apply to consumers.
(2) In the case of used goods, warranty claims for consumers shall become statute-barred after one year from delivery of the goods.However, such a reduction of the limitation period shall not apply to warranty claims which result in damages and which are based on intent or gross negligence or a breach of essential contractual obligations. Material contractual obligations are those obligations the fulfillment of which makes the proper execution and performance of the contract possible in the first place and on the fulfillment of which a buyer may normally rely.
(3) Claims for damages by consumers due to injury to life, body or health or due to provisions of the Product Liability Act (ProdHaftG) shall also remain unaffected.The same provisions shall apply to breaches of duty by our vicarious agents.
(4) Warranty claims which are not directed at compensation for damages shall become statute-barred for entrepreneurs after one year from delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the entrepreneur pursuant to § 478 BGB.
(5) Entrepreneurs within the meaning of these General Terms and Conditions of Business shall be obliged to inspect the goods received without delay for deviations in quantity and quality. Recognizable defects must be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us in writing of hidden defects within a period of one week. The period begins with the discovery of the corresponding defect. In order to comply with the time limit, it shall be sufficient if the notice of defect is sent in due time. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timeliness of the notice of defect shall be borne by the entrepreneur.
7 Limitation of liability
Liability for damages caused by simple negligence is excluded, unless these result from the violation of essential contractual obligations, concern a guarantee for the quality of the object of purchase, damages from injury to life, body or health or claims under the Product Liability Act (ProdHaftG) are affected. Material contractual obligations are those obligations the fulfillment of which makes the proper execution and performance of the contract possible in the first place and on the fulfillment of which a buyer may normally rely.The same regulations apply to breaches of duty by our vicarious agents.A liability for the breach of essential contractual obligations is limited in cases of ordinary negligence to such damages that are typically associated with the contract and are foreseeable.
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, have taken or has taken possession of the goods.To exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by mail, fax or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.In order to comply with the withdrawal period, it is sufficient that you send the notification of the 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 most 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 us without undue 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.