§ 1 scope
1.1 The deliveries, services and offers of sober care GmbH (hereinafter sober or seller) are made exclusively on the basis of these general terms and conditions in the version valid at the time of the conclusion of the contract. The seller does not recognize conflicting or deviating terms and conditions and hereby expressly contradicts them. Conflicting terms and conditions of the customer are only used as a basis for the contract if the seller expressly agrees to them in writing.
1.2 These general terms and conditions also contain information in accordance with Art. 246 EGBGB, which the provider is legally obliged to provide when selling products via an online shop.
1.3We reserve the right to change these terms and conditions with effect for the future using the following procedure: We will notify you of the planned changes beforehand and inform you of your right to object. The changes are deemed to have been accepted if you do not object within four weeks of being notified of the change. If you object to the change, we reserve the right to terminate the offer with an indefinite term or number of deliveries.
§ 2 Conclusion of a contract
2.1 All offers of goods presented by the seller on the Internet are non-binding and non-binding, including with regard to the price information. All prices mentioned include the statutory value added tax and other price components plus postage.o.
2.2 The seller reserves the right to make possible errors, misprints, technical or color changes in spite of the greatest possible care.
2.3 The seller also assumes no liability for the correctness of the manufacturer's information.
2.4 By ordering the goods, the buyer makes a binding declaration that he wishes to purchase the goods ordered.
2.5 The contract is concluded when a confirmation of receipt of the order is sent.
2.6 Since some of the goods are natural, exclusive goods with limited availability, the seller reserves the right to limit the delivery quantities for bulk orders or to deliver them in several tranches or, if there is excess demand for a good, one Distribution.
2.7As a rule, we have all of the products we offer in stock. However, there may be delivery bottlenecks due to rare raw materials and / or long transport routes. In these circumstances you will be notified immediately. If the seller recognizes this, he will inform the customer immediately and reimburse any payments already made.
2.8 Shipments of goods outside Germany can be delayed by customs formalities in the respective importing country. The purchaser of the goods is responsible for the customs clearance of the goods.
2.9 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
§ 3 Cancellation policy and cost bearing agreement
If you are a consumer as a buyer, the following cancellation policy applies. The cancellation policy also only applies to products that have been purchased via soberberlin.com and not, for example, in a shop or from an online retailer.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or one of to you named third party who is not the carrier who has taken possession of the last goods.
Around you have to exercise your right of withdrawal us (sober care GmbH, Pappelallee 78/79, 10437 Berlin, firstname.lastname@example.org, phone: 030-22334470) by means of a clear declaration (e.g. a letter sent by post, fax or email) about your Inform the decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
if you this Revoke the contract, we have you all payments we get from you received, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your Revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used us in the original transaction, unless with something else was expressly agreed upon with you; in no case we will you charge fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the day on which you inform us about the revocation of this contract, send it back to us or hand it over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You you only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To sober care GmbH, Pappelallee 78/79, 10437 Berlin, email@example.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 the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is notified on paper)
(*) Delete where inapplicable.
if you finance this contract through a loan and later revoke it, You are also no longer bound by the loan contract, provided that both contracts form an economic unit. This is especially true when we are at the same time your lender are or if yourself your Served lenders in terms of funding our involvement. If we have already received the loan when the revocation takes effect, occurs your Lender in proportion to to you with regard to the legal consequences of the cancellation or return in our rights and obligations from the financed contract. The latter does not apply if the subject of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
Do you want Avoid a contractual commitment as much as possible, make of Exercise your right of withdrawal and also withdraw from the loan agreement, if you also have a right of withdrawal for this.
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, in the case of delivery of sealed goods that are for reasons of health protection or hygiene reasons are not suitable for return if their seal has been removed after delivery or, in the case of delivery of goods, if they have been inseparably mixed with other goods after delivery due to their nature.
§ 4 data protection
4.1 All data protection regulations can be found in the separate data protection declaration.
§ 5 Payment and Remuneration
5.1 Depending on technical availability, the customer has the right to choose between the following payment methods:
5.2 If the customer is in default of payment, we are entitled to charge default interest at a rate of 5% above the current base rate announced by the European Central Bank. However, the customer reserves the right to prove that no or less damage has occurred.
5.3 If there is a non-payment (e.g. return debit, insufficient funds or unpaid invoice), the customer has to pay for all costs that sober as a result. In this case, we will involve a debt collection service provider or lawyer and reserve the right to file criminal charges in serious cases or in the event of intent.
5.4 sober reserves the right to restrict the customer's payment with payment methods of our choice or not to offer the customer payment with all of the payment methods offered.
5.5 Payment by invoice and financing
In Cooperation withKlarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account and purchase in installments as payment options. Please note that purchase on account and hire purchase are only available to consumers and that payment must be made to Klarna in each case.
When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on accounthere.
• Hire purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95) or under the conditions otherwise specified in the cash register. For more information on hire purchase, including terms and conditions and standard European consumer credit information, please see here.
Data protection notice
§ 6 Reservation of Title
6.1 The delivered goods remain the property of sober until they have been paid for in full.
6.2 The customer must notify the provider of any access by third parties to the reserved goods immediately after they become known. The customer is liable for all costs incurred for the cancellation of such access, in particular by filing a third party objection action, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
§ 7 Delivery, dispatch and transfer of risk
7.1 If the goods are available, the seller will dispatch them as soon as possible. If an item is not in stock at the seller, it will deliver as soon as possible, subject to availability. Every delivery is made with the reservation that the seller himself is supplied on time and properly.
7.2 If delivery dates or deadlines that are bindingly agreed must be in the form of a letter.
7.3 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like lead to a reasonable extension of the delivery time. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
7.4 If not all of the items ordered are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the buyer.
7.5 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over, even if the goods are sold by mail.
7.6 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, or when the goods are shipped to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
7.7 When goods are imported into countries outside Germany, import duties and taxes may be incurred due to export restrictions, which the customer must bear. The customer is responsible for the proper settlement of any applicable duties, taxes and fees.
7.8In the event of delays in delivery, the customer will be informed by the provider immediately after the provider becomes aware of them. The provider is entitled to partial deliveries and partial invoices at any time, provided these are reasonable for the customer. If partial deliveries are made by the provider, the latter has to bear the additional shipping costs.
7.9 Unless otherwise agreed, the goods will be sent to the delivery address specified by the customer. The customer is obliged to keep the delivery address data entered by him in his customer account up to date and to record every change to ensure delivery in his customer account.
§ 8 Warranty
The guarantee is based on the statutory provisions.
§ 9 Limitations of Liability and Indemnification
9.1 In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
9.2 The above limitations of liability do not affect customer claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of physical injury or damage to health attributable to us or in the event of the customer's life being lost.
9.3 Insofar as we enable access to other websites by means of links, we are not responsible for the third-party content contained there. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
9.4 The customer sober us against all disadvantages that may arise from third parties due to harmful actions by the customer - regardless of whether they are intentional or negligent.
9.5 The customer is obliged to carefully read and observe the product and warning notices relating to the products supplied before use.
§ 10 data protection
All personal data are treated confidentially in accordance with the provisions on data protection. More detailed information can be called up and viewed by the buyer on the seller's website (www.soberberlin.com).
§ 11 place of jurisdiction
If the buyer is a merchant within the meaning of commercial law, a legal person under public law or a special fund under public law, then the seat of the seller is the agreed place of jurisdiction. The same applies if the buyer does not have a general place of jurisdiction or domicile in Germany or the usual place of residence is not known at the time the action is brought.
§ 12 final provisions
12.1 The law of the Federal Republic of Germany applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply.
12.2 Complaints can be submitted to the address given in our legal notice.
12.3 Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.