General Terms of Business (GTB)

Here you will find all legal regulations and instructions for using believa online shops. One of the components of the General Terms of Business is a cancellation policy.

§ 1 General
The General Terms of Business (GTB) apply to all contracts between believa GmbH and the users which are concluded via the online shop of the internet site www.believa.de. The version that is current at the time of contract conclusion will always apply. The language of the contract is German.

§ 2 Order and contract conclusion
We offer the consumer the chance to order goods on our online shop using electronic methods. The consumer places a binding order by clicking the button “BUY NOW” at the end of the ordering process, in the “Review and pay” area. The Shopping Cart and entered data can be changed at any time before the order is sent. The order represents a binding offer made by the client upon conclusion of a purchase contract. BELIEVA GmbH normally confirms receipt of the order by sending an automatic order confirmation by e-mail, although this is not deemed acceptance of the offered contract. We will accept the client’s contract offer by e-mailing the shipping confirmation or, at the latest, by sending the ordered goods. The order data and GTB will be sent to you by e-mail. We will accept orders only from clients who are 18 or above. All products are sold in amounts typical of household use. This applies to the quantities of products requested with one order and to multiple orders placed for the same product. In the latter case, each individual order will entail an amount typical of household use.

§ 3 Delivery
Delivery will be made to the delivery address provided by Client, or to a DHL packing station. Delivery will be made only within member states of the EU. For a merchandise value below EUR 50, a flat-rate shipping cost of EUR 3.95 will be charged. For a merchandise value of 50 and above, the flat-rate shipping cost will be omitted. The ordered goods will be shipped within 1–2 working days after they have been paid for as long as they are indicated as “available” in the online shop. Shipping is normally handled by DHL.

§ 4 Prices
The prices shown on the internet site www.believa.de include applicable VAT. The costs for packaging and shipping are not included in the price and will be invoiced separately. See delivery.

§ 5 Payment conditions
Delivery of the goods ordered by the consumer requires prepayment. The buyer of the ordered goods shall pay for them immediately after a contract offer has been issued. If no payment is made, no contract is formed. The goods will not be shipped until BELIEVA GmbH receives the payment. Customers placing an order through BELIEVA GmbH’s online shop can choose from various payment methods.

§ 6 Consumer’s right of withdrawal
The consumer is entitled to withdraw in accordance with the following cancellation policy.
As a consumer, you are entitled to withdraw in accordance with the following cancellation policy.

CANCELLATION POLICY

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing reasons.
The withdrawal period amounts to fourteen days from the day on which you or a third party you have named (who is not the carrier) have taken possession of the last merchandise items.

To exercise your right of withdrawal, you must inform us (Believa GmbH, Regioparkring 1, 41199 Mönchengladbach, info@believa.de, Telephone: +49 2166 99007, Fax: +49 2166 990099) using a clear statement (e.g., a letter sent by mail, telefax or e-mail) about your decision to withdraw from this contract. You can use the attached sample cancellation form, but this is not mandatory.

The cancellation deadline is deemed met if you send us the notification that you are exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs incurred because you chose a form of delivery other than the inexpensive standard delivery we offer), as soon as possible (but by fourteen days at the latest) from the day on which we receive the notification of your withdrawal from this contract. We will use the same payment method you used to make the original transaction, unless we have made other arrangements with you; in no case will you be charged fees for this refund. We are entitled to deny this refund until we have received the goods back or you have provided proof that you have sent them back, whichever comes first.

You shall send back or hand over the goods to us as soon as possible (but in any case by fourteen days from the day on which you inform us about your withdrawal from this contract). This deadline is deemed met if you send the goods before the fourteen-day period expires. You shall bear the costs for returning the merchandise. You shall pay for any loss of merchandise value if you caused such loss by handling the merchandise when this was unnecessary in order to inspect the quality, characteristics and functionality of the goods.

Sample withdrawal form

(If you would like to withdraw from this contract, please fill out this form and send it back.)

– To Believa GmbH, Regioparkring 1, 41199 Mönchengladbach, info@believa.de, Fax: +49 2166 990099
– I/we (*) hereby withdraw from the contract I/we (*) concluded for purchasing the following goods (*) / rendering the following services (*)
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date

(*) Cross through inapplicable words.

End of withdrawal instructions


§ 7 Warranty for defects, liability
The warranty will apply only within the framework of the provisions of the German Civil Code, unless anything to the contrary is stipulated in the following. If the client is a company, the delivered goods must be inspected for deviations in quality or quantity, and any recognised defects reported to us in writing within a period of one week after the goods have been received; otherwise, any assertion of warranty claims is excluded. Deviations from the goods’ description or illustration does not entitle the buyer to any claims. Technically, descriptions and statements do not constitute warranties in a legal sense. Defects must be reported in writing as soon as possible, but at the latest within one week. If the goods are legitimately defective, we shall repair them at no charge or deliver replacements, at our discretion. Repeated attempts at rectification are permitted. Only the buyer is directly entitled to warranty claims. In all cases in which we are obligated to provide damage compensation, we shall be liable only insofar as we can be accused of intent or gross negligence.

§ 8 Data protection
As soon as our website is visited, generally admitted information will be transmitted and stored. This includes your IP address, data and time of your visit, the respective subpages you have accessed during your visit, the operating system you used, your browser type and version number, and the website from which you visited ours.
These data will be collected for statistical purposes and to help optimise the internet site. They cannot be used to identify you. Personal data are collected only if you enter your data voluntarily during the ordering process or when registering for a newsletter.
We will use the data you have provided only to fulfil and process your order unless you explicitly authorise us to do otherwise.
If you open a customer account, we will store your personal data in our customer database permanently. For guest orders, the data will be used only as it relates to the order in question.
We shall not transmit your personal data to third parties uninvolved with contract execution unless we have your express consent or a legal obligation to do so. As part of order fulfilment or contract execution, your data will be transmitted only to the commissioned shipping company and, depending on the payment method, to the respective payment service provider.
The use of your data by the payment service provider or shipping company is subject to their respective usage conditions.
According to the Federal Data Protection Act, you have the right to free information about your stored data, and the right to have these data corrected, blocked or deleted.
When you register for our newsletter, your e-mail address will be used for our own advertising purposes until you deregister. You may deregister at any time. Any data you voluntarily provide when registering for the newsletter will also be used to personalise the newsletter text. As soon as you deregister from the newsletter, your data will be completely deleted.

Use of Facebook social plug-ins
Our internet presence uses plug-ins of the social network facebook.com. The plug-ins provided by Facebook establish a direct connection to Facebook’s sever. We have no influence on which data Facebook will collect at this moment. You can find more information about Facebook plug-ins here: http://developers.facebook.com/plugins

Data security
All data from your ordering process are transmitted to our server in encoded form via SSL-secured sites. Data collected from the respective payment method used by the payment service provider will not be stored on our servers. This information will be transmitted to the payment service provider, also in encoded form.

§ 9 Place of jurisdiction / Severability clause
If Client is a consumer, the legal place of jurisdiction will apply. If Client is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from or related to this contract will be Mönchengladbach. German law will apply for all disputes, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention). Finding individual provisions of these GTB to be fully or partially invalid does not invalidate the remaining provisions.