Terms of service
General Terms and Conditions (GTC) of BestEffect GmbH
We will execute your order in accordance with our General Terms and Conditions 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 regarding the goods and services offered by the seller in his web store.
2. conclusion of contract
You can order from us by telephone or via our homepage (Internet). In case of orders by phone 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 assortment in the desired quantity and collect them via the button "add to cart" in a so-called shopping cart. Before sending the order you can change and view the data at any time. By clicking 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 upon 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 mail or e-mail) or by sending you the ordered goods. Your order is only considered accepted when we have accepted it by order confirmation or 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 considered rejected. No sales contract is 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 case of a passing on you are also responsible for orders of 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 are accepted.
We dispatch goods marked as "available for immediate delivery" by standard shipping no later than 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 prepayment is 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 a delivery of the goods to addresses within the Federal Republic of Germany takes about 1 to 3 working days.
Should an article 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, provided that this seems advantageous for a quick processing and this is reasonable for you. If there is a partial delivery, we will of course pay the additional shipping costs. This will not result in any further costs for you.
If we are not able 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
Beginning of the cancellation policy
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that 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/have taken possession of the goods, if you have ordered one or more goods in the context of a uniform order and the goods or goods are delivered uniformly or
• has taken possession of the last goods or have taken possession of the last goods if you have ordered several goods in the context of a uniform order and the goods are delivered separately or
• has taken possession of the last partial shipment or the last piece, or have, if you have ordered goods that are delivered in several partial shipments or pieces.
If there are more than one of the above variants, the revocation period shall not begin 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.
To exercise the right of withdrawal, you must send us
Telefonnr.: +49 931 80 998 220
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form below, which is not mandatory.
To comply with the cancellation 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 will 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 cheapest standard delivery offered by us), without undue delay and at the latest 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 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 undue 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 must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
End of the cancellation policy
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form)
An: BestEffect GmbH, Nimrodstr. 10, Bau 3, 3. Stock. Raum 3.1.5, 90441 Nürnberg, Deutschland, Telefon: +49 931 80 998 220, E-Mail: email@example.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable.
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 withdrawal
The right of withdrawal 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 expiration date would be quickly exceeded;
• for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
Premature expiry of the right of withdrawal
The right of revocation expires prematurely in the case of 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 (§ 312 g para. 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 in euros and include the statutory value-added tax. Postage and shipping costs are added according to 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 are generally EUR 4.95. These are generally for each delivery!
In particular, the shipping costs for payment by cash on delivery EUR 10.95.
7. terms of payment
Basically, we accept payment by invoice (exclusively for existing customers), Paypal, instant bank transfer, credit card, cash in advance or cash on delivery as long as your 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 of Germany, payment is only possible by credit card, Paypal (information about the countries in which payment by Paypal is possible can be found at www.paypal.de.), Sofortüberweisung (information about the countries in which Sofortüberweisung is possible can be found at www.payment-network.de) or cash in advance.
a) Payment by invoice
We offer customers with residence within Germany to buy from us under the stated conditions on account (creditworthiness provided). The purchase price is due for payment on account on the day of receipt of the delivery. If the payment is not made within 14 days after the due date, you will be in default.
Note: For your first order, delivery to a different delivery address is unfortunately not possible.
Paypal is an online payment service from the company 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 each 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 more 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 amount of the invoice. *The card verification number (KPN) can be found on the back of the VISA and EURO/MASTERCARD credit cards. 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 agent upon delivery of the goods. For deliveries within the Federal Republic of Germany, there are no additional charges to the shipping costs, shown in paragraph 6.
If you are in default with your payments, we reserve the right to charge you the statutory default interest.
g) Processing costs for return debit notes
In the event of insufficient funds in your account, we will incur so-called "return debit costs". For each return debit note we incur costs of EUR 5.00. 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 shipment of the goods. You can find the invoice terms here.
Installment purchase: With Klarna's financing service you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information about the installment purchase, including the terms and conditions and the European standard information for consumer credit, click here.
Immediate transfer: Your account will be debited immediately after placing the order.
The warranty is governed by the statutory provisions. All offered products are shipped within the minimum shelf life. In case of complaints, we ask for proof of the date of purchase by means of invoice and sending the claimed item together with a copy of the invoice to:
Bau 3, 3. Stock. Raum 3.1.5
However, compliance with these formalities is not a prerequisite for the existence of any warranty claims.
Please follow the instructions that you will find 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 not a 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 retain title to 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 shall apply to the Seller's liability for damages, without prejudice to the other statutory 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 jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with 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 mentioned in the preceding 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 shall remain unaffected.
12.5 Insofar as the liability of the Seller 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 with the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after the manufacturer's product range has been renewed. 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 that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that 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
EU Commission platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr
We strive to settle any disagreements arising from our contract amicably.
Furthermore, we are not obligated to participate in any arbitration proceedings and unfortunately cannot offer participation in such proceedings.
16. provider information
Recipient name: BestEffect GmbH
IBAN: DE50 7906 9150 0005 7307 08
Bank name: Raiffeisenbank Main-Spessart eG
Bau 3, 3. OG, Raum 3.1.5
17. Version specification
GTC Version 1.0 valid from 01.08.2020
This letter has been machine translated from German. In case of any errors in the translation, the text of the original German version applies.