General Business Terms (“GBT”) of BetterKitchen (ILGGRO GmbH)

This translation of the general terms and conditions of business is only supposed to provide orientation for the customer. Even though we faithfully translated the text, the legally binding version is only the original in German: https://betterkitchen.de/agb

1. Field of Application

The following General Business Terms („GBT“) are applicable to all shippings between BetterKitchen and a consumer or trader.

A consumer is any natural person that makes a transaction that does mainly not serve an entrepreneurial purpose or purposes that are part of a self-employed occupational activity. A trader is any natural person or corporate entity or business partnership that makes a transaction mainly for the purpose of a commercial or self-employed activity.

For traders these General Business Terms apply to all future business dealings without having to be pointed out again. Should the trader use opposing or additional GBT we hereby declare them invalid; they can become component of the contract only if there is an explicit agreement between BetterKitchen and the trader.

2. Contracting Parties and Conclusion of Contract

Any purchase agreement is realized with Ilggro GmbH.

By presenting articles in our web shop we make a binding offer for a purchase agreement on the presented articles. You can browse around and review the articles in your shopping cart using the designated revision instruments during the order process. A purchase agreement is achieved once you accept the offer for articles in your shopping cart by completing the checkout process. Immediately after the placement of the order a confirmation will be sent to you via e-mail.

A binding purchase agreement can also be reached as follows:

If you choose to pay by credit card, a purchase agreement is reached once your credit card is charged.
If you choose to pay by direct debit, a purchase agreement is reached once your account is charged.
If you choose SEPA direct debit, a purchase agreement is reached once the notification about the date of the debit of the account arrives (Pre-notification).
If you choose to pay by PayPal, a purchase agreement is reached with the confirmation of your payment instruction to PayPal.
If you choose SOFORT credit transfer, a purchase agreement is reached with the confirmation of your payment instruction to SOFORT GmbH.

Languages available for the conclusion of contract are German and English. We do not store the text of the contract.

3. Conditions of Delivery

Shipping costs will be added to the specified prices. For details on the amount of shipping costs, please consult the offers.

We provide our articles by dispatch only. Unfortunately, a self collection of the articles is not possible.

4. Payment

The following methods of payment are available:

Advance payment
With the advance payment, we will provide our bank details in the order confirmation and deliver the goods after payment.

Credit card
Your credit card will be charged upon completion of the order.

SEPA direct debit mandate
With a SEPA direct debit mandate, the payment is a direct debit from the designated banking account. The debiting takes place ahead of the shipping. We will notify you about the date of the debiting ahead of time (pre-notification).

The period for the pre-notification of the debiting of your account is reduced to seven days.

Direct debit
The debiting of the purchase price from your account takes place upon completion of the order.

Paypal
The invoice amount is paid via the online provider Paypal. You must log in or register with Paypal to use this method of payment. You'll have to confirm to us your payment instruction to Paypal. More information is available during the ordering process.

SOFORT credit transfer
We also offer SOFORT credit transfer. Payment with SOFORT credit transfer accelerates the entire order process, since the purchase amount goes to our credit directly and immediately. All you need is the account number, bank code, PIN and TAN. The secure payment form of SOFORT GmbH provides real time transfers in your online bank account and is not accessible to traders. When choosing SOFORT credit transfer a pre populated form opens at the end of the ordering process, which already contains our bank account details. Moreover, the transfer amount and the purpose are displayed in the form already. You need to choose the country where you have your online banking account and enter the bank code. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You'll receive a confirmation upon completing the process. The SOFORT credit transfer option is basically available to all internet users with an online banking account that provides the PIN / TAN procedure. Please note that with a few banks SOFORT credit transfer is not yet available. For more information if your bank supports this service, please visit: https://www.sofort.com

5. Right of Withdrawal

Consumers have the legal right of revocation, as described in the Withdrawal Policy below. The right to voluntary withdrawal does not apply to traders.

6. Reservation of Title

We shall retain title to the goods delivered until the purchase price is paid and all claims deriving from the business relationship are met.

For traders additionally applies: We reserve the title to the goods until full settlement of all claims from an ongoing business relationship. You may resell the goods in the normal course of business; all receivables arising from the resale have to be paid to us in advance as an assignment - whether or not the articles are subject to a new matter - and we accept this assignment. Traders stay authorized to the collection of receivables, however we may also collect receivables ourselves whenever the trader fails to comply to his payment obligations.

7. Shipping Damage

If goods are delivered with obvious damages that occurred during shipping, please file a complaint with the delivery agent immediately and contact us as soon as possible. The failure to file a complaint and to contact will not harm your legal rights and their enforcement, especially your warranty rights. However, the file of a complaint and a notification about the damage help us to make our own claims against the carrier or transport insurance.

8. Warranty

Unless hereinafter expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for warranty claims for used goods is one year from date of delivery. For traders, the statute of limitations is one year from transfer of risk; the statute of limitations for the right of recourse according to § 478 BGB remain unaffected.

With regard to traders, the agreement on the nature of the goods holds only our own specifications and the product details of the manufacturer which have been included in the contract; we assume no liability for public statements by the manufacturer or other promotional statements. In the case of defective goods we assume liability towards traders by at our discretion either remedying the deficiency (rectification) or by delivering a faultless item (substitute delivery). The foregoing limitations and reductions of time limits do not apply to claims due to damage caused by us, our legal representatives or agents

injury to life, limb or health
for intentional or grossly negligent breach of duty and fraudulent intent
in breach of contractual obligations, the fulfilment of which renders a correct execution of the contract and on whose compliance the signatory can trust regularly (cardinal obligations)
If agreed as part of a warranty promise
as far as the scope of the Product Liability Act is opened

Information on any applicable additional guarantees and the exact conditions can be found at each product and in the specific information pages in the online shop.

9. Liability

For claims due to damage caused by us, our legal representatives or agents, we are liable always unlimited

injury to life, limb or health
for intentional or grossly negligent breach of duty
warranty promises, if agreed on
as far as the scope of the Product Liability Act is opened

For breach of contractual obligations whose fulfilment is essential to the proper execution of the contract and on whose observance the contractual partner may regularly trust (cardinal obligations) through slight negligence by us, our legal representatives or agents, the amount of liability is limited to the foreseeable loss at the conclusion of contract that must be expected to incur typically. Furthermore, claims for damages are excluded.

10. Online Dispute Resolution

Online dispute resolution according to Art. 14 Abs. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr

Withdrawal Policy

Consumers have a fourteen-day withdrawal right.

Withdrawal Right

You have the right to withdraw the contract within fourteen days without giving a reason. The withdrawal period is fourteen days from the date you or a third party indicated by you that is not the delivery agent, have taken the final goods in possession. In order to exercise the withdrawal right, consumers must inform

BetterKitchen.eu
ILGGRO GmbH
c/o Divison BetterKitchen.eu
An der Reichelbleiche 1
09224 Chemnitz/Grüna
GERMANY

e-mail: [email protected]
telephone: Tel.: +49 9135 21 820 96

with a clear statement (e.g. a letter via mail, telefax, or e-mail) about their resolve to withdraw from the purchase agreement. For this purpose consumers can use the standard withdrawal form below, which is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.

Consequences of Withdrawal

Upon the consumer's withdrawal of the purchase agreement, we will refund all payments that the consumer has made to BetterKitchen.eu, including shipping costs (except for the additional costs, that result from the consumer's decision to choose a different shipping method than our standard shipping), immediately and within fourteen days from the day of the receipt of the consumer’s withdrawal statement. For refunds we will use the same payment method the consumer utilized for the original transaction, unless a clear arrangement between the consumer and BetterKitchen has been made. Under no circumstances the consumer shall face additional costs for the refund.

We may withhold the reimbursement until we have received the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.

In any case, goods have to be returned immediately and within fourteen days at the latest from the day the consumer informs us about the withdrawal of the purchase agreement. The term is met if the consumer sends back the goods before the ending of the fourteen day period. The consumer bears the direct costs of the return of the goods. You only need to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.

Standard Withdrawal Form

(In order to withdraw the purchase agreement please fill in this form and send it back to us. If all necessary information is filled in you can do so by e-mail!)

To :

ILGGRO GmbH
c/o Divison BetterKitchen.eu
An der Reichelbleiche 1
09224 Chemnitz/Grüna
GERMANY
e-mail: [email protected]

Hereby I / we (*) withdraw from the purchase agreement for the following goods (*) / the service delivery of the following service(s) (*)

_____________________________________________________

Order date (*)/ delivery date (*)

__________________

Consumer name

_____________________________________________________

Consumer address

_____________________________________________________

Signature of the consumer(s) (only if on paper)

__________________

Date

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