Terms of service for partner
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 with regard to the goods and services offered by the seller in his web store.
2. Conclusion of contract
You can order from us by phone or via our homepage (Internet). For telephone orders without specifying the payment method, 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 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 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. For any orders with your password and resulting claims you are responsible.
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. No right of withdrawal
The Partner is advised that he is an entrepreneur within the meaning of § 14 BGB. According to § 312 para. 1 BGB, there is therefore no right of withdrawal for his orders.
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 in each case.
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
All claims from orders are due immediately. The following means of payment can be used: Paypal, instant bank transfer, credit card, cash in advance or cash on delivery as long as 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 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.
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 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.
b) Credit card payment
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.
c) Payment in advance
After your order we will send you an email with our bank details and your personal reason for payment. Please make the transfer only after you have received our e-mail. After the full purchase price including VAT and shipping costs has been credited to our account, your order will be shipped.
d) Cash on delivery payment
Payment shall be 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.
f) Processing costs for return debit notes
In the event of insufficient account coverage, we 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 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 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 ownership of the purchased item 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
12.1. 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 is liable for the slightly negligent breach of essential obligations, the breach of which endangers 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 specified 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 in the event of fraudulently concealed defects. Liability under the Product Liability Act remains 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 match 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
AGB 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.