General Terms and Conditions (GTC) including customer information

Scope of application

For all deliveries of Berlinflame Gesellschaft für medizinische Studien und Fortbildung mbH, Berner Straße 21a, 12205 Berlin, phone: +49 (0)30 66766978, E-Mail: info@berlinflame.de to consumers these General Terms and Conditions (GTC) apply. Herewith the inclusion of own GTC of a customer, who is not a consumer, is contradicted, as far as nothing else is agreed.

A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Contractual partner

The contract of sale is concluded with Berlinflame Gesellschaft für medizinische Studien und Fortbildung mbH, Berner Straße 21a, 12205 Berlin, Commercial Register: HRB 94676 B

Register Court: Berlin Charlottenburg District Court, Managing Director: Inge Spiller, Phone: +49 (0)30 66766978, E-Mail: info@berlinflame.de.

Conclusion of contract

The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.

By clicking the button “Buy now” / “Buy now” you place a binding order for the goods listed on the order page. The purchase contract is concluded when your order is accepted by delivery of the goods or by notification of delivery within 2 days.

In detail, you make the purchase as follows: Make your choice of goods, selecting the correct size if necessary. Click “Add to cart” / “Add to cart”. Then click “Show cart” / “Show cart”, check everything and then click “Proceed to checkout” / “Proceed to checkout”. Enter your login details or create a customer account. Enter your name, address and email address there. Read the terms and conditions and cancellation policy and confirm them by marking the appropriate checkbox. Then click on the button “Buy now” / “Buy now”.

Input error

The customer can correct his entries before submitting his order using the technical means provided by the store and your browser. The corrections can be made using the usual keyboard and mouse functions, (back button of your browser) directly on the previous offer, or order page in the appropriate input fields. The order can still be changed from the shopping cart before placing an order. You can also correct input errors by canceling the purchase process and, if necessary, start over with the order process.

Contract language

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

Contract storage

These general terms and conditions will also be sent to you.  As a precaution, please save them yourself by printing this page using the print function of your browser.

You can print out the order data immediately before sending it and thus save it. The contract text will be stored by us after conclusion of the contract. A retrieval function of the contract text is not offered by the store.

Right of withdrawal

If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of revocation in accordance with the statutory provisions.

If you exercise your right of revocation as a consumer, you must bear the regular costs of the return shipment.

In all other respects the regulations apply to the right of revocation, which are reproduced in detail in the following revocation instruction together with the revocation form.

Cancellation policy

Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of revocation, you must send us

Berlinflame Gesellschaft für medizinische Studien und Fortbildung mbH
Berner Straße 21a
12205 Berlin
Telefon: +49 (0)30 66766978
E-Mail: info@berlinflame.de

by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the 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 because of this repayment. We may refuse 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 must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will 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 condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(End of the cancellation policy)

Cancellation form

(If you want to revoke the contract, please fill out this form and send it back).

To

Berlinflame Gesellschaft für medizinische Studien und Fortbildung mbH
Berner Straße 21a
12205 Berlin
Telefon: +49 (0)30 66766978
E-Mail: info@berlinflame.de

– 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 in case of paper communication)

 

– Date

 

_______________

(*) Delete where not applicable.

(end of cancellation form)

Essential characteristics of the goods

The essential characteristics of the goods are shown in the respective description.

Liability for defects

If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this, the following applies: If the customer is an entrepreneur, an insignificant defect does not justify any claims for defects.

For entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. If, in the case of used goods, the rights and claims due to defects are excluded, the limitation period shall not begin again if, within the scope of liability for defects, a replacement delivery is made. The statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected, however, the same shall apply in the event of an intentional or grossly negligent breach of duty by the Seller, in the event of fraudulent concealment of a defect, in the event of liability under warranty promises and in cases of injury to life, limb or health. Claims under product liability law against the manufacturer shall also remain unaffected.

If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

Prices and shipping costs

The prices stated on the product pages include the statutory value added tax and other price components.

In addition to the stated prices, we charge shipping costs per order for delivery within Germany, which are staggered according to the number of products ordered. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page. Further taxes or costs do not apply. Other price components are in individual cases for cross-border deliveries further taxes (eg in the case of an intra-Community acquisition) and / or duties (eg customs duties)

Delivery

The delivery takes place within Germany with DHL.

The delivery time is up to 10 days. We point out possible deviating delivery times on the respective product page.

Payment

Payment can be made either by Apple Pay, credit card or PayPal. via the payment service provider Mollie.com.

Retention of title

Until full payment, the goods remain our property.

Choice of law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. A validity of the laws on the international purchase of movable goods is excluded. In relation to consumers outside Germany, the choice of law shall only apply if the protection granted is not thereby withdrawn by indispensable provisions of the law of the country in which the consumer has his habitual residence.

Code of Conduct

The seller has not submitted to any code of conduct.

Dispute resolution

The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

This post is also available in: German