General Terms and Conditions (GTC)
As of March 21, 2022
1. Scope
1.1 These general terms and conditions (hereinafter: "GTC") apply to all contracts that a consumer or entrepreneur (hereinafter: "customer") with the company Be Infinite, Tino Müller, Pommernring 11, 38259 Salzgitter Bad (hereinafter: "Seller") https://www.beinfinite.eu, https://www.beinfinite.de or https://www.beinfinite.uk, about the sale and delivery of goods shown in the online shop.
1.2 By using the website or placing an order, the customer agrees to the terms and conditions.
1.3 The seller expressly objects to the inclusion of any conditions of the customer, unless the contracting parties agree in writing on a different regulation.
1.4 Only persons of legal age who have a delivery address in Europe can order.
1.5 The seller reserves the right to change the terms and conditions without notice. The version valid for the customer's order is the version published on the seller's homepage at the time of the order. The customer will receive a copy of this (including the cancellation policy and the sample cancellation form) together with the order confirmation. The seller does not save the general terms and conditions valid at the time of ordering.
2. Offer and conclusion of contract
2.1 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. The presentation at a certain time does not guarantee that these products are available at all times. The seller reserves the right to discontinue any product at any time. Furthermore, the presentation of the products on the website may differ slightly from the actual appearance due to the different colors in different browsers and different devices.
2.2 When purchasing via the online shop, a sales contract is concluded when the seller accepts the customer's order. The customer places the desired goods in the shopping cart by pressing the "Add to shopping cart" button. The customer can correct their entries in the shopping cart before pressing the "Checkout" button to enter the address and pressing the "Next" button to select the payment methods. After entering the payment data or selecting the payment methods PayPal or Sofortüberweisung, the customer can check his details again by pressing the "Check order" button before placing a binding order for the goods in the shopping cart. Before placing a binding order, the customer can correct all entries on an ongoing basis. In addition, all entries are displayed again before entering the payment modalities and before placing the order. The receipt and acceptance of the order will be confirmed to the customer by email. [NM1] If the customer opts for the payment method "PayPal" (see below), the contract is concluded at the time of the payment instruction to PayPal.
3. Prices and payment modalities
3.1 The agreed prices apply. These include the statutory sales tax and are understood for delivery within Germany including shipping and packaging costs.
3.2 Delivery is currently possible to the following countries: Germany, Austria, Greece, Netherlands, Switzerland, England, Norway, Denmark and Sweden. The customer can find the exact shipping costs in the information in the context of the order and under the shipping conditions of the seller.
3.3 The seller only delivers in the shipping route. Unfortunately, a self collection of the product is not possible.
3.4 The following payment options are available to the customer:
3.4.1 Instant bank transfer
3.4.2 Paypal
When paying using a payment method offered by PayPal Plus, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
3.5 If the customer is in arrears with his payment obligations, the seller can demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
3.6 The seller always issues an invoice to the customer, which is given to him when the goods are delivered or otherwise received in text form.
4. Delivery and transfer of risk
4.1 Unless otherwise agreed in the contract, the goods ordered are delivered to the address specified by the customer. Delivery will be made from the Seller's warehouse. It reserves the right to make a partial delivery if this appears to be advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
4.2 The availability of the individual goods is specified in the item descriptions. Unless otherwise stated in the item description, shipping is approximately 2 to 3 working days [NM2] from the conclusion of the contract. The delivery time depends on the usual delivery times of the usual shipping service providers (DHL, DPD, hermes).
4.3 The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is completely or partially omitted. This reservation of self-supply only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the absence of the service, provided that a so-called congruent covering transaction to fulfill the contractual obligations was concluded in good time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse an already paid purchase price and shipping costs.
4.4 The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when the goods are handed over. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, passes to the freight forwarder, the freight forwarder or the person otherwise responsible for carrying out the shipment when the goods are shipped.
5. Delay in payment and acceptance
5.1 The customer is liable for any negligence and for the accidental loss of the goods provided or already delivered by the seller during the delay in payment.
5.2 If the customer does not accept the properly delivered or provided goods - without exercising any right of withdrawal in the case of a consumer goods purchase - the customer is in default of acceptance. In the event of a delay in acceptance, the customer must reimburse the additional expenses resulting from this, for example the additional shipping costs incurred as a result of the multiple delivery attempts or any storage or administrative costs. The seller is no longer responsible for simple negligence from the moment of acceptance. If the customer seriously and definitively refuses to accept the goods without authorization, the seller can withdraw from the contract and in particular claim the lost business profit as compensation.
6. Retention of title, right of retention
6.1 The delivered goods remain the property of the seller until all claims from the contract have been fulfilled; in the event that the customer is a legal person under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also from the current business relationship until settlement of all claims that the seller has in connection with to be entitled to the contract.
6.2 The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. Liability for material and legal defects
7.1 If defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, then Sections 377 ff. HGB also apply.
7.2 There is no defect in the subject of the contract, insofar as the embroidery motif has insignificant dimensional deviations in the horizontal and / or vertical direction compared to the product display on the website and / or on Instagram, since each motif is placed on the products by hand. On the inside of the product there may be remnants of embroidery or tear fleece in the area of the embroidery motifs, this is production-related and also does not constitute a defect. The dimensions of a product are also only approximate information in order to give the customer a more precise idea of the fit of a piece of clothing to give. The actual dimensions of a product vary depending on the material used to manufacture it.
7.3 Damage caused by improper actions by the customer when storing the goods does not constitute a warranty claim against the seller.
7.4 If goods are delivered with obvious damage to the packaging or the content, the customer should complain to the freight forwarder / freight service, without prejudice to his existing warranty rights, and contact the seller by e-mail or by phone so that they have any rights vis-à-vis the freight forwarder / freight service can maintain.
7.5 Defects are to be reported by the customer to the seller within a warranty period of two years. If the customer is an entrepreneur, the warranty period is one year. The easiest way for the customer to do this is to fill in the return slip contained in the package or to include a machine-generated letter of the return, which contains the customer and invoice number, a reason and the date and place.
7.6 The above reductions do not apply insofar as the seller maliciously concealed a defect or assumed a guarantee for the quality of the goods, and not for claims for damages by the customer aimed at compensation for physical or health damage due to a defect for which the seller is responsible or which are based on willful or grossly negligent fault on the part of the seller or their vicarious agents.
7.7 If there are defects and these have been asserted in good time, the seller is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
8. Disclaimer of liability
8.1 Outside of liability for material and legal defects, the seller is liable without limitation if the breach of duty based on liability has been committed intentionally or through gross negligence. In the event of slight negligence, the seller is only liable in the event of a breach of essential contractual and cardinal obligations and limited to the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than the above.
8.2 The liability limitations of the preceding paragraph do not apply to injury to life, limb and health, for a defect after taking over a guarantee for the quality of the product and for maliciously concealed defects. 8.3 Liability according to the Product Liability Act remains unaffected.
If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
9. Vouchers and voucher codes
9.1 Vouchers and voucher codes (hereinafter: “voucher”) purchased through the seller or issued as part of campaigns can be redeemed in the seller's online shop.
9.2 The voucher and any remaining credit can be redeemed up to the end of the third year after the year the voucher was purchased. Free promotional vouchers can only be redeemed within the promotional period printed on the voucher and only for the range specified there.
9.3 The voucher can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one voucher can be redeemed per order.
9.5 The voucher can only be used for the purchase of goods and not for the purchase of further vouchers. 9.6 Voucher credits are neither paid out in cash nor interest.
9.7 The voucher is transferable. The seller can provide the respective owner with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner. [NM3]
10. Data protection
10.1 The customer is aware of and agrees that the seller will store the personal data required to process the order on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the seller. The customer's personal data are collected, processed and used in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer can find further information in the seller's data protection declaration.
10.2 The customer has the right to withdraw his consent at any time with future effect. In this case, the seller is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, deletion takes place after the order process has been completed.
11. Applicable law, place of jurisdiction, dispute settlement
11.1 The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. The validity of UN purchasing law is excluded.
11.2 The place of jurisdiction is Salzgitter Bad, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is brought.
11.3 Consumers have the option of using alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. There you will find information about online dispute resolution and it serves as a point of contact for out-of-court dispute resolution for disputes that result from online sales contracts or online service contracts.
11.4 In addition, the seller is ready to participate in an extrajudicial arbitration procedure before a consumer arbitration board. The General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Strasse 8, 77694 Kehl am Rhein, is responsible.
12. Right of cancellation and cancellation policy
12.1 If the customer is a natural person who concludes a contract with the seller for a purpose that can largely not be attributed to his commercial or independent activity (consumer), he is entitled to a right of withdrawal.
12.2 A right of withdrawal does not exist for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
12.3 Right of withdrawal
Right of withdrawal
You have the right to cancel 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 inform us (Be Infinite, Pommernring 11, 38259 Salzgitter Bad, beinfinite@gmx.de) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email) , inform. You can use the attached model withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received 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 expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract.
The deadline is met if you send off the goods before the period of fourteen days has expired. You 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 that is not necessary for checking the nature, properties and functioning of the goods.
Withdrawal form
(If you want to cancel the contract, you can use this template)
- To Be Infinite, Pommernring 11, 38259 Salzgitter Bad, beinfinite@gmx.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase
of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
_______________________
(*) Not applicable
