§ 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 the contract was concludedThe seller does not recognize conflicting or deviating general terms and conditions and hereby expressly objects to themConflicting terms and conditions of the customer are only based on the contract if the seller expressly agrees to them in writing.
1.2 These general terms and conditions also contain information according to Art246 EGBGB, to which the provider is legally obliged to sell products via an online shop.
1.3 We reserve the right to change these General Terms and Conditions with effect for the future using the following procedure: We will inform you of the proposed changes beforehand and inform you of your right to objectThe changes are considered accepted if you do not object within four weeks of the notification of the changeIf you object to the change, we reserve offer variants with an indefinite term orNumber of deliveries prior to ordinary termination.
§ 2 conclusion of contract
2.1 All offers of goods displayed on the Internet by the seller are subject to change and non-binding, also with regard to the price informationAll prices mentioned include VAT and other price components plusPostage.
2.2 Possible errors, misprints, technical respThe seller reserves the right to change colors despite the greatest possible care.
2.3 Likewise, the seller assumes no liability for the accuracy of the manufacturer's information.
2.4 By ordering the goods, the buyer makes a binding declaration that he wants 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 and limited in availability, the seller reserves the right to change the delivery quantities for large ordersto restrict orto be delivered in several tranches orto carry out a distribution if there is an excess demand for a good.
2.7 As a rule, all of the products we offer are in stock with usHowever, due to rare raw materials and / or long transport routes, delivery bottlenecks can occurIn these circumstances, you will be notified immediatelyIf the seller recognizes this, he will inform the customer immediately and possiblyRefund payments already made.
2.8 Goods shipments outside of Germany can be delayed by customs formalities in the respective importing countryThe purchaser of the goods is responsible for customs clearance of the goods.
2.9 Order processing and contacting usually take place via email and automated order processingThe customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
§ 3 cancellation policy and cost bearing agreement
If you as a buyer are a consumer, the following cancellation policy appliesThe cancellation policy also only applies to products that were purchased via soberberlin.com and not in a shop or from an online retailer.
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or one of to you nominated third party who is not the carrier, has taken possession of the last goods orHas.
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 statement (e.g.Ba letter sent by post, fax or email) via your Decide to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient that you send the message about the exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you this If you cancel the contract, we have you all payments we make from you received, including delivery costs (except for the additional costs that result from the fact that you a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of your We have received the cancellation of this contractWe use the same payment method for this repayment, the you used us in the original transaction, unless with you have been expressly agreed otherwise; in no case we will you charge for this repaymentWe can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract, send it back to us or hand it overThe deadline is met if you send the goods before the fourteen day period has expiredYou bear the immediate costs of returning the goods. 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 for checking 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 for notification on paper)
(*) Delete where inapplicable.
If you finance this contract with a loan and later revoke it, you are no longer bound to the loan contract, provided that both contracts form an economic unitThis is particularly to be assumed if we are simultaneously are your lender or if yourself your Lender serviced in terms of funding our participationIf the loan has already flowed to us when the cancellation takes effect, occurs your Lender in relation to to you regarding the legal consequences of the cancellation or return in our rights and obligations from the financed contractThe latter does not apply if the present contract includes the acquisition of financial instruments (e.g.securities, foreign exchange or derivatives).
Do you want Avoid a contractual obligation as much as possible Use your right of cancellation and also cancel the loan contract if you also have a right of withdrawal.
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, for delivery of sealed goods that are for reasons of health protection or hygiene are not suitable for return if their seal was removed after delivery or if goods were delivered if they were inseparably mixed with other goods after delivery due to their nature.
§ 4 data protection
4.1 All regulations on data protection 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 BankHowever, 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 coverage or unpaid invoice), the customer has to pay for all costs that arise as a resultIn this case, we will consult a debt collection agency 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 payment to the customer using the payment method of our choice or not to offer the customer payment using all the payment methods offered.
5.5 Payment on account and financing
In cooperation with Klarna AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer invoice purchase and hire purchase as a payment optionPlease note that purchase on account and hire purchase are only available to consumers and that payment must be made to Klarna.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 daysThe complete terms and conditions for invoice purchase can be found here .
• Installment purchase
With Klarna's financing service, you can flexibly pay for your purchase 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 checkoutFor more information on hire purchase including general terms and conditions and standard European consumer credit information, click here .
Klarna checks and evaluates your data and maintains a data exchange with other companies and credit agencies if there is a legitimate interest and reasonYour personal information will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .
§ 6 retention of title
6.1 The delivered goods remain the property of sober until full payment has been made.
6.2 The customer must notify the provider of third-party access to the reserved goods immediately after they become knownThe customer is liable for all costs incurred for the cancellation of such access, in particular by filing a third-party objection, 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 available, the goods will be dispatched by the seller as soon as possibleIf an item is not in stock at the seller, it will deliver as soon as possible within the scope of availabilityEvery delivery is subject to the condition that the seller himself is supplied on time and properly.
7.2 If delivery dates or deadlines that are agreed to be binding, must be in writing.
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 timeIf 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 insofar as this is reasonable for the buyer.
7.5 For consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer when the goods are dispatched when the goods are handed over.
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 in the case of mail order purchases when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
7.7 In the case of goods being imported into countries outside of Germany, import duties and taxes may arise due to export restrictions, which the customer has to bearThe customer is responsible for the proper payment of any applicable duties, taxes and fees.
7.8 In the event of delays in delivery, the customer will be informed by the provider immediately after they become known to the providerThe provider is entitled to make partial deliveries and partial invoices at any time, provided these are reasonable for the customerIf 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 customerThe customer is obliged to keep the data entered by him regarding the delivery address in his customer account up to date and to include any changes in his customer account to ensure delivery.
§ 8 warranty
The guarantee is based on the statutory provisions.
§ 9 Limitation of liability and exemption
9.1 In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, typical, direct average damageThis also applies to slightly negligent breaches of duty by our legal representatives or vicarious agentsWe are not liable to entrepreneurs in the event of slightly negligent violation of insignificant contractual obligations.
9.2 The above limitations of liability do not affect the customer's claims arising from product liabilityFurthermore, the liability restrictions do not apply to physical and health damage attributable to us or if the customer's life is lost.
9.3 As far as we enable access to other websites with links, we are not responsible for the external content contained thereinWe do not adopt the third-party content as our ownIf we become aware of illegal content on external websites, we will block access to these pages immediately.
9.4 The customer therefore indemnifies itself from all disadvantages that may arise for us from third parties due to damaging actions of the customer - regardless of whether intentional or negligent.
9.5 The customer is obliged to carefully read and observe product and warning notices for delivered products before use.
§ 10 data protection
All personal data are treated confidentially in accordance with the provisions on data protectionFurther 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 in the sense of commercial law, a legal entity under public law or a special fund under public law, the registered office of the seller is the agreed place of jurisdictionThe same applies if the buyer does not have a general place of jurisdiction or place of residence in Germany or if 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 appliesFor consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually residentThe provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
12.2 Complaints can be made at 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.