GENERAL TERMS AND CONDITIONS
General Terms and Conditions (GTC)
Our webshop and the associated services are offered by BerlinGreen.tech UG, Niemetzstrasse 47-49, 12055 Berlin.
The website https://www.berlingreen.com is the webshop on which consumers can purchase the goods offered.
1. Validity and 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 "customers". Our online shop is aimed exclusively at consumers.
b. A consumer is any person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity. 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 of the contract and conclusion ofthe contract
a. The subject matter 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 store 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 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/her access and indemnifies the provider against any claims for damages from third parties, unless the user is not responsible for the misuse.
5. Use Berlin Green App
a. In order to be able to fully use our products, it is necessary to download and use our Berlin Green App.
b. Usage 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 are final prices. All price components including all applicable taxes are included.
b. For orders from customers outside the EU, the customer must pay 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
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
(2) PayPal
In 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, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
(3) Sofort by klarna
After placing the 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 order 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 tracking number with which he can track the shipment.
g. Shipping costs will be added to the indicated product prices. From an order value of over 50 euros we offer free delivery within Germany. You can find out more about the shipping costs in the offers.
h. We deliver only by mail order. A self-collection of the goods is unfortunately not possible.
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 issueing the receipt for 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 an obvious transport damage, please issue a complaint 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, body and 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 compliance with which the contractual partner may regularly rely on, 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 the 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. Disputes arising from these GTC shall be governed by German law. 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 revocation
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 that can predominantly be attributed neither to their commercial nor their independent professional activity:
Consumers have the right to revoke this contract within thirty days without giving reasons.
The withdrawal period is thirty days from the date of 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 an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can fill in and send the model withdrawal form or another clear declaration electronically. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive 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 any fees for this repayment.
Sample withdrawal form
If you wish to withdraw from the contract, please fill out this form and send it back to:
BerlinGreen.tech UG, Niemetzstr. 47-49, 12055 Berlin, [email protected].
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): ____________________________________________
___________________________________________
Signature of consumer(s) (only in case of paper communication)
________________________
Date
(*) - please delete where not applicable
(- end of the model withdrawal form -)