General Terms and Conditions (GTC)

Our webshop, as well as the associated services, are an offer of BerlinGreen.tech UG, c/o MotionLab.Berlin, Bouchéstraße 12 | Hall 20
12435 Berlin.

Under the website https://www.berlingreen.com the webshop is offered on which consumers can purchase the offered goods.

1. validity; scope of application

a. The subject of these General Terms and Conditions are all contractual relationships between BerlinGreen and its contractual partners, consequently also referred to as "Customer". Our online shop is aimed exclusively at consumers.

b. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2 Subject matter and conclusion of the contract

a. The subject of the contract is the sale of goods which are offered in our shop. Further details and information, in particular the essential characteristics of the goods or services, can be found in the item description and the supplementary information on our website.

b. The purchase contract is concluded with BerlinGreen.tech UG.

c. By placing the products in our shop, we make a binding offer to conclude a contract. You can correct your binding order at any time after you have placed the item in the shopping basket by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language

a. The languages available for the conclusion of the contract are German and English.

b. We save the text of the contract and send you the order data and our GTC in text form in the respective order confirmation.

4. registration/ buyer account

a. Viewing and visiting the shop, as well as all offer pages, is basically free of charge and possible without registration.

b. Every customer is obliged to inform BerlinGreen immediately if there are indications that his access has been misused. Each customer is fundamentally liable for all activities carried out using his access and indemnifies the provider against any claims for damages from third parties, unless the user is not responsible for the misuse.

5. use with the Berlin Green App

a. In order to be able to use our products to the full extent, it is necessary to download and use our Berlin Green App.
b. The use of the app is free of charge.
c. In order to be able to use the app to its full extent, it is necessary to set up a user account.

6 Prices, payment and shipping

a. The prices in the offers as well as the shipping costs represent final prices. All price components including all applicable taxes are included.
b. For orders from customers outside the EU, the customer shall bear any fees (customs) that may be incurred.
c. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
d. We offer the following payment options:

(1) Credit card
When placing your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

(2) PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

(3) Sofort by klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

e. In the event of revocation, the customer shall bear the direct costs for the return of the goods.

f. If the order is sent as parcel post, the customer will receive a consignment number with which he can track the consignment.

g. Shipping costs are added to the indicated product prices. We offer free delivery within Germany for orders over 30 euros. You can find out more about the shipping costs in the offers.

h. We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

i. We also deliver to packing stations.

7. money-back guarantee
In addition to the statutory 14-day right of withdrawal for distance selling transactions, we offer consumers a 30-day money-back guarantee (for distance selling transactions for the subsequent 16 days). The customer can return goods received from us without giving reasons within 30 days if he or she revokes the contract within this period. The period begins after receipt of the goods. The extended return can be made by returning the goods.

8. retention of title
The goods shall remain the property of BerlinGreen.tech UG until payment has been made in full.

9. transport damage

If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

10 Warranty for defects and liability
a. The statutory warranty for defects shall apply. Assumption of liability or the statutory warranty for defects is excluded for cases of incorrect/ improper use by the customer.

b. For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health; in the event of intentional or grossly negligent breach of duty; in the event of guarantee promises, insofar as agreed, or insofar as the Product Liability Act is relevant.

c. In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, due to slight negligence by us, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

d. Otherwise, claims for damages are excluded.

11 Data protection
Data processing (collection, processing and storage of personal data) is carried out exclusively in accordance with the relevant data protection regulations. Detailed information on the collection, processing and use of personal data of the customer in connection with the registration and use of the services can be found in the data protection declaration.

12. final provisions
a. Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

b. These GTC are subject to German law.

c. German law shall apply to disputes arising from these GTC. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Berlin.

13 Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
BerlinGreen is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14 Right of withdrawal
Consumers have a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:
Consumers have the right to withdraw from this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, BerlinGreen.tech UG, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you can fill in and transmit the model withdrawal form or another clear declaration electronically. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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.

Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to:
BerlinGreen.tech UG, c/o MotionLab.Berlin, Bouchéstraße 12 | Hall 20.
12435 Berlin, contact@berlingreen.com.

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 consumer(s): ___________________________________________
- Address of consumer(s): ____________________________________________

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Signature of the consumer(s) (only for paper communication)
________________________
Date
(*) - please delete where not applicable
(- end of the model withdrawal form -)