Terms and Conditions

General Terms and Conditions of Business

1. Scope of application

The following terms and conditions apply to all orders via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party; Conclusion of the contract

The purchase contract is concluded with BETTER LIFE GROUP LLC.

By placing the products in the online store we make a binding offer to conclude a contract for these articles. You can put our products into your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail. After that you will be forwarded to the order summary page. Before the order is set, you can review all the data.

The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.

The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

Information on the contract period and the conditions associated with the termination can be found in the provision “Contract Period / Termination for Subscription Contracts” of our General Terms and Conditions (Part I) as well as in the respective product description.

These General Terms and Conditions and customer data have been prepared by the specialist lawyers for IT law working for the dealer association and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case of warnings. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

The subject-matter of the contracts is the selling of products.

3. Contractual language, contract text storage

The language available for the conclusion of the contract shall be German & English.

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed out via the online shopping cart system or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the legally required information on distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

For inquiries that are outside the context of the online shopping cart system, you will receive all contract data that is part of a binding offer in an e-mail that you can print out or save electronically.

4. Terms of delivery

Shipping costs may be added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We deliver only by shipping. A self collection or pickup of the goods is unfortunately not possible.

You can find the delivery conditions, the delivery date, and any potential delivery restrictions under a correspondingly-named button on our website, or in the respective product description.

If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

5. Payment

The prices stated in the respective offers represent total prices, as do the shipping costs. They contain all price components, including all applicable taxes.

The resulting shipping costs are not included in the purchase price. They can be accessed via the corresponding button on our website or in the respective item description, are indicated separately during the ordering process and are to be borne separately by you, unless free delivery has been agreed.

The payment options available to you are indicated under an appropriately named button on our website or in the respective product description.

Unless otherwise specified for the respective payment methods, the payment claims from the concluded contract are due immediately.

In our store you can choose between the following payment methods:

Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

When you place your order, you also provide us with your credit card details.

After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal, PayPal Express

During 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 first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction.

The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

6. Reservation of title

The goods remain our property until full payment is received.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

You can only exercise a right of retention if the claims originate from the same contractual relationship.

The goods remain our property until full payment of the purchase price.

7. Transport damage

For consumers applies:

If goods with obvious transport damages are delivered, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

For entrepreneurs applies:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees & Liability

The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can contact our customer service for questions, complaints and objections by e-mail at [info @ tabex-shop.com].

As a user, you are asked to check the product immediately after delivery for completeness, visible defects and transport damage and to immediately forward your complaints in writing to us and the transport company. Even if you do not comply with this request, this will not affect your legal warranty claims.

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

In case of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

According to the current state of the art, an error-free data transmission via the Internet, characterized by constant availability, cannot be guaranteed. In this respect, we cannot guarantee the constant and uninterrupted availability of the website and the service offered on the website.

In the event of material contractual obligations and slight negligence, our liability shall be limited to the foreseeable damage typical for the contract. The term “essential contractual obligations” refers to essential obligations that arise from the nature of the contract and whose violation endangers the achievement of the purpose of the contract. It also includes obligations that arise from the content of the contract in order to facilitate the fulfillment of the purpose of the contract for us and whose fulfillment enables the proper execution of the contract and whose observance can regularly be taken for granted by you. .

No liability is assumed for the violation of insignificant contractual obligations in the case of slightly negligent breaches of duty.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
Responsible is the general consumer conciliation board of the center for conciliation registered association, Strassburger road 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de

German law shall apply. In the case of customers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the customer has his habitual residence is not withdrawn (so-called benefit-of-the-doubt principle.

If you are not a consumer but a merchant or businessman, a legal entity under public law or a special fund under public law, our registered office is the place of jurisdiction and place of performance for all services arising from the business relations with us. The same applies if you do not have a general place of jurisdiction in Germany or the EU, as well as in cases in which your place of residence or habitual abode is unknown at the time the action is filed. This has no influence on the ability to call upon the court associated with another place of jurisdiction.

11. Final provisions

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court conciliation procedure.

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