Terms of service
As of May 01, 2021
I. Basic provisions
§ 1 Validity
The contract is concluded with BETTER BE BOLD GmbH, Am Hochbehälter 27, 58644 Iserlohn (hereinafter referred to as
The following contractual conditions apply to all contracts concluded between the seller and the respective buyer and are expressly recognized with the order. If the buyer is a natural person, who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed (consumers, § 13 BGB), §§ 1 to 11 apply, otherwise §§ 1 to 7 and 12 to 15.
§ 2 Conclusion of the contract
The seller's range of goods on the Internet does not represent a binding offer to conclude a purchase contract, but
an invitation to submit an offer. The buyer can submit his purchase offer by telephone, in writing, by e-mail or via
the ordering system integrated in the seller's online shop. When purchasing via the online shop, the goods that you
intend to purchase are placed in the virtual "shopping cart". The customer can use the corresponding button on each
page to call up the "shopping cart" and make changes there. Then the buyer enters the personal data and selects the
payment and shipping conditions. Before the final submission of the purchase offer, the customer has the opportunity
to check his details again, to change or to cancel the purchase. By submitting the order using the "Order subject to
payment", "Order subject to payment" or "Buy" button, the customer makes a binding offer. The customer first
receives an automatic e-mail about the receipt of his order. This confirmation of receipt does not yet lead to the
conclusion of a contract.
The acceptance of the offer (and thus the conclusion of the contract) takes place separately in each case, either by confirmation in text form in which the processing of the order or delivery of the goods is confirmed to the buyer or by sending the goods.
If the buyer has not received an order confirmation or notification of delivery or no goods within seven working days, he is no longer bound by the order. In this case, any services already rendered will be reimbursed immediately. The seller reserves the right to send the buyer so-called product information emails electronically to the e-mail address provided by the buyer after a valid purchase contract has been concluded. This is what is known as direct mail, in which the seller can assume that the buyer has an interest in the goods on offer. The buyer can object to the sending of product information e-mails at any time; an e-mail to the e-mail address is sufficient, stating the e-mail address provided by the buyer: email@example.com
§ 3 Prices, shipping costs
The respective offers include prices including VAT (if applicable). The prices are final prices. They include all
price components including all applicable taxes.
Only in the case of cross-border deliveries may additional taxes (e.g. in the case of an acquisition within the European Community) and / or duties (e.g. customs duties) be payable by the buyer in individual cases, but not to the seller, but to the customs or tax authorities responsible there.
In addition, the buyer has to pay shipping costs. These are not included in the purchase price. They can be called up on the “Delivery and Shipping Costs” page and are shown separately during the ordering process.
§ 4 Retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
§ 5 Contract language, storage of the contract text
The contract language is exclusively German. The contract text (order data and terms and conditions) is saved by the seller. However, the storage is only limited in time and is not accessible to the buyer. The buyer himself has to ensure a printout or a separate storage.
§ 6 Choice of law
German law applies to the exclusion of the UN Sales Convention, but only insofar as this does not withdraw the protection granted by mandatory provisions of the law of the country in which the customer has his habitual residence
§ 7 Limitation of Liability
(1) The provider is fully liable for damage resulting from injury to life, limb or health, insofar as he fraudulently
withholds a defect or has assumed a guarantee for the quality of the object of purchase, for damage caused
intentionally and grossly negligently, for damage under the Product Liability Act and so far also compulsory by
(2) If essential obligations from the contract are affected, the violation of which jeopardizes the achievement of the purpose of the contract, the seller's liability in the case of slight negligence is limited to the foreseeable damage typical for the contract.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
II. Additional conditions for consumers
§ 8 Payment and shipping terms
Consumers are asked to check the goods for completeness, obvious defects and transport damage immediately upon
delivery and to notify the seller and the carrier of any complaints as soon as possible. Your warranty claims remain
The risk of accidental loss and accidental deterioration of the item sold during shipping is only transferred when the goods are handed over to the buyer.
§ 9 Guarantee
(1) The statutory provisions apply.
(2) In the case of used items, the warranty period for consumers is one year from delivery of the goods. The one-year warranty period does not apply to damage to life, limb or health that the seller is responsible for culpably causing, and not for grossly negligent or intentional damage or malice on the part of the seller, as well as recourse claims according to §§ 478, 479 BGB.
§ 10 Right of withdrawal of the consumer, cancellation policy
§ 10.1 As a consumer, you generally have a statutory right of withdrawal when shopping in our webshop, which we will inform you about below:
Right of withdrawal
§ 10.1.2 Withdrawal form
If you want to revoke the contract, you can use the following form or send us the revocation by telephone (or via one of the other contact details mentioned).
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
BETTER BE BOLD GmbH
Am Hochbehälter 27
I / we hereby revoke the contract concluded by me / us on the
purchase of the following goods (*) / the provision of the following service (*)
Ordered on ___________________ (*)/received at _______________________(*)
Name of the consumer(s) ______________________________________
Address of the consumer(s)
Date and signature of the consumer(s) (only when notified on paper)
(*) Cross out inapplicable
§ 10.1.3 Exclusion or premature expiry of the right of withdrawal. There is no right of withdrawal:
- for deliveries of goods that can spoil quickly or whose use-by date would quickly be exceeded
- in the case of delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
§ 11 Place of jurisdiction
If the consumer does not have a general place of jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time the action is brought, the place of jurisdiction is the seller's headquarters. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
III. Supplementary conditions, provided that the buyer is not a consumer
§ 12 Transfer of risk
The risk of accidental loss and accidental deterioration of the purchased item is transferred to the buyer, who is not a consumer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. Section 447 (2) BGB remains unaffected.
§ 13 Guarantee
(1) The warranty period is one year from date of delivery. This does not apply to damage to life, limb or health that
the seller is responsible for culpably causing, and not for grossly negligent or intentional damage or malice on the
part of the seller, as well as recourse claims according to §§ 478, 479 BGB.
(2) Only the seller's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
(3) The buyer, who is not a consumer, is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the seller in writing of obvious defects within seven days of receipt of the goods; timely dispatch is sufficient to meet the deadline. The same applies to hidden defects found later from their discovery.
In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
(4) The seller fulfills the warranty claim in the event of a defective purchase item by repairing it or delivering a replacement, as he chooses. If the elimination of the defect fails twice, the buyer can either demand a reduction in price or withdraw from the contract.
In the case of repairs, the buyer bears the increased costs that arise from the fact that the goods were brought to a location other than the place of performance, provided that the movement does not correspond to the intended use of the goods.
§ 14 Extended reservation of title
(1) The seller reserves ownership of the goods to buyers who are not consumers until all claims from the current
business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention
of title, the buyer is not entitled to pledge the item or assign it as security.
(2) The buyer is entitled to resell the goods in the ordinary course of business.
In this case, the buyer already now assigns all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the assignment.
The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim himself if the buyer does not properly meet his payment obligations.
(3) If the reserved goods are combined and mixed, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) The seller undertakes to release the securities to which he is entitled at the buyer's request insofar as the value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
§ 15 Place of fulfillment, place of jurisdiction
The place of fulfillment for all services from the business relationship with the customer and the place of jurisdiction is the registered office of the seller. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.