General terms and conditions of business

Terms and Conditions

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1. Scope and provider

1.1 These General Terms and Conditions apply to all orders that you place at the online shop of

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Good and better GmbH

Markelstr. 2

12163 Berlin

+49 30 65866203

Company headquarters: Berlin

Register court: District Court of Berlin-Charlottenburg, HRB 237605 B

Represented by Valérie Gott and Benjamin Binder

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make.

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1.2 The range of goods in our online shop is aimed exclusively at buyers who are at least 18 years old.

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1.3 Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of any customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby expressly rejected.

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1.4 The contract language is exclusively German.

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1.5 You can access and print the currently valid General Terms and Conditions on the website ( www.reoat.de/agbs) .

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2. Offers and service descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee.

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2.2. All offers are valid "while stocks last," unless otherwise stated for the products. Errors and omissions excepted.

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3. Ordering process and conclusion of contract

3.1 The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

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3.2 By clicking the button “Order with payment” in the final step of the ordering process, you submit a binding offer to purchase (§ 145 BGB).

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3.3 Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

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3.4 A contract for the purchase of the goods shall only be concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you without prior express declaration of acceptance.

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3.5 Orders are only possible in household quantities.

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3.6. The language available for the conclusion of the contract is German.

4. Prices and shipping costs

4.1. All prices stated on the Seller's website include the applicable statutory value-added tax.

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4.2. In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.

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5. Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods will be delivered from our warehouse or from the warehouse of an authorized shipping partner to the address you provided during the transaction. Shipping is usually carried out using the carriers DHL or DPD. The general terms and conditions of the carriers apply.

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5.2 If not all ordered products are in stock, we are entitled to make partial deliveries, provided this is reasonable for you. Any delivery periods begin only upon receipt of the last partial delivery.

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5.3 If the delivery of perishable goods is the subject of this contract, the following applies: The customer shall ensure the acceptance of perishable goods on the agreed delivery date by taking appropriate precautions, e.g., by accepting the goods personally or by appointing a person to accept them at the specified delivery address.

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5.4 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs (including damage to the goods due to spoilage) for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal or if they are not responsible for the circumstances that led to the impossibility of delivery.

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5.5 Delivery of ordered goods is subject to availability. If the goods are not available at the time of ordering, the customer will receive notification of the expected delivery date and the order will be reserved by us. As soon as the goods are in stock, they will be shipped to the customer without further notice. In the event of unavailability, the customer will be notified by us, and any payments already made will be refunded immediately.

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6. Payment terms

6.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.

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6.2. The available payment methods are credit card, PayPal, ApplePay, credit and debit cards, Giropay and Sofortüberweisung (Klarna).

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6.3 If third parties are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.

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6.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.

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6.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.

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6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.

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7. Retention of title

The delivered goods remain the property of the seller until full payment has been made.

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8. Warranty and guarantee for material defects

8.1. The warranty is determined in accordance with statutory provisions.

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8.2. A guarantee for goods delivered by the Seller only exists if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the order process.

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9. Transport damage

9.1 If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible.

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9.2 Failure to file a complaint or contact us will not affect your statutory warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.

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10. Warranty/claims for defects

10.1 The customer must inspect the goods to a reasonable extent immediately upon receipt and report any obvious defects immediately upon their discovery. The receipt of the notification by us shall be decisive for compliance with the deadline.

 

10.2 In the case of timely and justified complaints, the customer may demand subsequent performance. We are entitled to refuse subsequent performance in accordance with statutory provisions. Refusal of subsequent performance, its failure, or its unreasonableness for the customer entitles the customer to withdraw from the contract or to reduce the purchase price. Unless withdrawal is legally excluded, the customer is entitled to withdraw from the contract or to reduce the purchase price only after the unsuccessful expiration of a reasonable deadline set by the customer for subsequent performance, unless setting a deadline is dispensable due to statutory provisions. In the event of withdrawal, the customer is liable for deterioration, loss, and unused benefits not only within the scope of customary care, but also for any negligent and intentional fault.

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10.3 If we are not the manufacturer of the delivered goods, claims for defects can only be asserted against us to the extent that we can assert recourse claims against the sub-supplier.

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10.4 We assume no responsibility for public statements and advertising claims relating to our products that were not directly initiated by us.

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10.5 In all other respects, the statutory provisions shall apply to the warranty.

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10.6 If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

Only our own information and the manufacturer's product description are binding for the quality of the goods, not public praise, statements, or other advertising by the manufacturer. You are obligated to inspect the goods promptly and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later. In the event of a breach of the obligation to inspect and notify of defects, the assertion of warranty claims is excluded. In the event of defects, we provide warranty at our discretion through repair or replacement delivery (subsequent performance). In the event of repair, we are not required to bear the increased costs incurred by 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. If subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.

The warranty period is one year from delivery of the goods.

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11. Liability

11.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.

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11.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

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11.3. 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 whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

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11.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

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11.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

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12. Storage of the contract text

12.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.

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12.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, delivery, and payment terms. If you have registered with our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.

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13. Information on data processing

Gut und besser GmbH collects customer data as part of the contract processing. In doing so, it particularly complies with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, Gut und besser GmbH will only collect, process, or use customer inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia services. After this time, the data will be deleted.

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14. Final provisions

14.1 Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

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14.2 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

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14.3 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the registered office of the Seller.

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14.4. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

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14.5 The place of performance for all payments is Berlin. In relations with merchants, the exclusive place of jurisdiction is Berlin. Furthermore, this applies to claims asserted against a customer who, after conclusion of the contract, relocates their place of residence or habitual abode outside the scope of the German Code of Civil Procedure (ZPO), or whose place of residence or habitual abode is unknown at the time our claims are asserted in court.

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Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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.

To exercise your right of withdrawal, you must notify us, Gut und besser GmbH, Markelstr. 2, 12163 Berlin (e-mail: hello(at)reoat.de.de), of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest 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 you be charged any fees for this 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. You must return or hand over the goods to us 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 shall bear the direct costs of returning the goods.

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.

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Sample cancellation form

If you wish to withdraw from the contract, please fill out this form and return it.

To:

Good and better GmbH

Markelstr. 2

12163 Berlin

I hereby revoke the contract I concluded for the purchase of the following goods (name of goods, order number, price):

_________________________________________________________________________

Ordered on: ______________________________________

Received on: ______________________________________

Name: ______________________________________

Address: ______________________________________

Signature: Date:

______________________________________ _______________

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(1) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded, to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery, to the delivery of goods which, due to their nature, were inseparably mixed with other goods after delivery or to the delivery of alcoholic beverages the price of which was agreed upon conclusion of the contract but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

(2) Please avoid damage and contamination. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods against transport damage to avoid claims for damages resulting from inadequate packaging.

(3) Please email us at hello@reoat.de before returning the item to notify us of the return. This will allow us to allocate the products as quickly as possible.

(4) Please note that the modalities referred to in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

12. Data Protection Officer

If you have any questions or concerns about data protection, please contact: hello@reoat.de