BETTER RICH Official Retail - authorized dealers only

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Terms and Conditions

TERMS OF SERVICE
 
1. Scope
1.1 Sales, deliveries and all other services from us take place exclusively on the basis of these general terms and conditions (hereinafter: GTC), which the customer accepts with his order. These terms and conditions apply to all current and future business relationships with the customer, even if they are not expressly agreed again.
1.2 Deviating terms and conditions of the customer are not binding for us and do not become part of the contract, unless we have expressly agreed to their validity in writing.
 
2. Conclusion of the contract, content of the contract
2.1 Our offers are always non-binding. Descriptions and / or images of the delivery item in offers, brochures or other information and / or advertising documents do not constitute a guarantee of quality. Orders placed by the customer are deemed to be offers.
2.2 Orders are accepted to the extent that exists when the goods are dispatched, whereby we are entitled to make partial deliveries in accordance with correct and timely self-deliveries. Order copies sent by us in writing or electronically do not constitute an order confirmation in the legal sense.
2.3 Ancillary agreements made when the contract was concluded are only binding if they have been expressly confirmed by us in writing.
 
3. Prices
3.1 The price calculation is based on the prices valid on the day of the order in accordance with our price list, unless otherwise agreed in writing. Changes in prices from upstream suppliers, changes in exchange rates, customs duties, taxes and other charges as well as changes in insurance premiums, freight rates or other transport costs that increase our purchase price are at the expense of the buyer if they occur after the day of the order.
Our prices are ex warehouse plus the applicable statutory sales tax.
3.2 For shipping and packaging, we charge an additional € 6.00 per package plus the applicable statutory sales tax. For shipments abroad, we have to charge more because of the higher effort. The height can be requested from us.
3.3 If the order value is less than 1000 €, a small quantity surcharge of 10 € will be charged.

4. Delivery
4.1 The goods will be delivered to the customer's address given by the customer. The goods are delivered in packaging suitable for dispatch or transport. Any additional packaging and / or means of transport requested by the customer will be charged to the customer as additional costs.
4.2 Delivery times are only binding if they have been expressly confirmed by us in writing. Information on delivery times in order forms and order copies are always non-binding.
4.3 The delivery time is met if the delivery item has been dispatched or picked up within the delivery time, although we are entitled to an additional period of 12 days for a delayed or delayed delivery. Part deliveries are permitted. In the event of a delivery delay beyond the aforementioned 10 days, the buyer has the right - after setting a grace period of 14 days in writing - to withdraw from the contract, whereby in the case of staggered deliveries, the buyer can only withdraw from the entire contract if the one that has already been delivered Goods are of no interest to him.
4.4 Events of force majeure, as well as circumstances for which we are not responsible, which make delivery impossible or unreasonably difficult, such as B. Strikes, lockouts, mobilization, war, war-like conditions, blockades, import and export bans, traffic closures, official measures, lack of energy and raw materials, regardless of whether they occur with us or with upstream and downstream suppliers, entitle us to deliver for the duration of To postpone hindrance or to withdraw from the contract because of the not yet fulfilled part without the buyer being entitled to any claims for damages. In these cases, the buyer can only withdraw from the contract if the delay is no longer of any interest to the buyer due to the delay.
4.5 If the dispatch or delivery of the goods is delayed by the customer, we are entitled to invoice the buyer for the additional costs we incur. In addition, we are entitled to withdraw from the contract after setting a reasonable grace period to fulfill the acceptance or to cooperate.
4.5 If the dispatch or delivery of the goods is delayed by the customer, we are entitled to invoice the buyer for the additional costs we incur. In addition, we are entitled to withdraw from the contract after setting a reasonable grace period to fulfill the acceptance or to cooperate.


5. Bearing of risk
5.1 The buyer bears the risk for all deliveries, including any returns. The risk is transferred to the buyer as soon as the consignment leaves our warehouse upon delivery or is delivered to the carrier or forwarder upon dispatch. Insurance of the goods is only covered at the express request of the buyer at his expense.
5.2 If delivery or dispatch is delayed at the request of the buyer or due to circumstances for which the buyer is responsible, the risk shall pass to the buyer from the day of notification or readiness for dispatch for the duration of the delay.

6. Warranty and compensation claims
6.1 The customer must inspect the goods received for completeness, quality and defects immediately upon arrival. Notices of defects in relation to the delivered goods must be submitted to us in writing and specified by the buyer immediately, at the latest within seven days of receipt of the goods at the destination. Hidden defects must be reported to us immediately after they are discovered. Otherwise the delivery is considered approved and claims due to defects are excluded.
6.2 The customer must give us the opportunity to examine the complaint, in particular to make damaged goods and their packaging available for inspection by us. If he refuses, we are released from liability for defects.
6.3 The return of rejected goods must always be free of charge to us. Such returns will only be accepted if they have a return number assigned by us on the occasion of the complaint. Returns that cannot be assigned will be returned at the expense of the return sender.
6.4 Our liability for defects is limited to the fact that the parts which, as a result of a proven circumstance prior to the transfer of risk, were unusable or were significantly impaired in their usability, are repaired or replaced free of charge at our discretion. We are not liable for the suitability of the goods for a specific purpose. If a complaint is only justified for parts of a complete delivery, our guarantee only applies to the defective part.
6.5 The liability for defects does not refer to natural wear and tear, nor to damage that arises after the transfer of risk as a result of incorrect or negligent handling, excessive use or other influences that are not assumed in the contract. In the event of improper changes to the goods made by the customer or a third party, any warranty and liability is excluded, unless the customer can prove that the defect cannot be attributed to this intervention.

7. Retention of Title
7.1 The goods remain the property of Best Sales until all claims from the delivery of goods from the entire business relationship, including ancillary claims, claims for damages and cashing of checks and bills of exchange, have been paid in full. The retention of title also remains if individual claims from Best Sales are included in a current invoice and the balance is drawn and recognized.
7.2 The customer is entitled to resell the goods in the ordinary course of business. We reserve the right to revoke this right and take back the delivered goods if the customer is in default of payment, files an application to open insolvency proceedings or transfers his entitlement to the reserved goods to a third party. Taking back the goods does not constitute a withdrawal from the contract, unless we expressly declare this in writing. The goods can then be freely sold by us, the sales proceeds are to be offset against the liabilities of the buyer minus reasonable sales costs.
7.3 In the event of resale of the goods subject to retention of title, the buyer already now assigns to us the claims to which he is entitled against his customers from the resale in the amount of the value of the goods subject to retention of title sold, until all our claims from the business relationship with the buyer have been settled.
7.4 Pledging or security transfers of these goods are not permitted without our consent. If third parties access the reserved goods, the customer is obliged to point out the third-party property and to notify us immediately, as well as to provide the documents necessary for an intervention.
7.5 The buyer must handle the reserved goods carefully and insure them at their replacement value at their own expense. The buyer hereby assigns to us his claims for compensation from the insurance in the event of loss or damage to the reserved goods.
 
8. Terms of payment, default in payment
8.1 Invoices for deliveries of goods are payable within 30 days of receipt of the invoice by the customer without any deduction. If payment is made without any other deductions within 10 days of receipt of the invoice, a discount of 3% will be granted. The value date of the credit is decisive for the receipt of payment.
8.2 Payment by SEPA direct debit is only possible from a bank account in Germany. The collection takes place 10 days after the invoice date.
The customer must ensure that there is sufficient coverage. We charge EUR 10.00 for direct debit returns that are not our fault.
8.3 Checks and / or bills of exchange are only accepted on account of performance and by special written agreement and are only considered payment after receipt of the final credit for the monetary value. Discount and other bill charges as well as collection costs are borne by the buyer.
8.4 In the event that the buyer is in default of payment, we are entitled to charge default interest at a rate of 8% points above the base rate. We reserve the right to assert further damage resulting from the delay. Furthermore, we are entitled to withhold deliveries from other orders - to a reasonable extent and scope - and to only carry out deliveries against advance payment or cash on delivery without prior notice. 8.5 If the buyer is in default with the payment of earlier deliveries or if circumstances become known after the conclusion of the contract that are likely to reduce the customer's creditworthiness and jeopardize compliance with his payment obligations, we are entitled to
a) to suspend outstanding deliveries of goods and to request advance payment or the provision of suitable securities for further deliveries of goods
b) after unsuccessful expiry of a reasonable grace period for advance payment or the provision of securities, to withdraw from all contracts that have been concluded with the buyer but not yet executed. A delivery stop caused by the buyer in this way does not trigger any claims for damages by the buyer.
8.6 The buyer can only offset against our payment claims with undisputed and / or legally established counterclaims.
8.7 Before delivery, the entire order value is to be paid in advance, unless we have a credit insurance taken out by the customer for the individual purchase contract from a factoring company specified by us or another agreed security. If the customer does not make advance payment or security within a reasonable period of time, we are entitled to withdraw from individual or all contracts in whole or in part.
8.8 We reserve the right to charge cancellation fees in the amount of 30% of the order value for cancellations due to the failure of agreed prepayment services and for non-acceptance of the goods produced for other reasons. However, the customer has the right to prove that less damage has occurred.
 
9. Resale
9.1 The buyer is obliged to sell the goods exclusively from the shop (s) specified in his order and to present all material, including advertising material relating to the goods, exclusively in this shop. The goods may only be sold to end consumers in Germany and Austria. The goods may not be sold over the Internet.
9.2 For each violation of the aforementioned agreement, the buyer has to pay a contractual penalty in the amount of the net sales price of an offer or sale that violates the above obligations. In addition, we reserve the right to withdraw from the concluded contract and to assert claims for damages.
9.3 The buyer is not entitled to exclusive rights towards us unless they have been expressly granted to him in writing.
 
10. Property Rights
10.1 If a third party raises claims due to the infringement of industrial property rights or copyrights by the delivered goods, the customer must inform us of this immediately. Under no circumstances may he acknowledge an infringement of property rights, and he has to reserve all defensive measures.
10.2 If the customer sells or changes the goods in a way that violates the industrial property rights or the copyright of a third party, the buyer is solely liable for such violation and undertakes to indemnify us from all resulting claims of the third party, regardless of what kind .
10.3 The customer may not copy or imitate the goods delivered to him. The same applies to our brands and labels as well as to images, advertising materials or order documents. If we violate this, we will immediately terminate all contractual relationships, in particular withdraw from open purchase contracts. 

11. Sales staff
11.1 Commercial agents, authorized dealers, commission agents and other intermediaries are not authorized by us to represent or oblige our company. You have no authority to collect and no power of attorney to agree changes to the present conditions of sale or to grant sole sales rights for certain areas in the name and on behalf of our company. Corresponding exclusivity or space protection commitments to customers are only valid if they have been agreed in writing between the customer and us.
 
12. Data storage
12.1. We reserve the right to save and process all customer data insofar as this is necessary for business purposes according to the Federal Data Protection Act.
 
13. Final provisions
13.1 The law of the Federal Republic of Germany shall apply to all contracts with the buyer, to the exclusion of the UN sales law.
13.2 The place of jurisdiction for any disputes is the local court in Germany for the registered office of our company. However, we reserve the right to sue the customer at his general place of jurisdiction.
13.3 The place of performance for deliveries, payment and warranty is our company headquarters.
13.4 Changes and additions to the contracts or these terms and conditions and ancillary agreements are only valid if they have been agreed in writing.
13.5 Should any provision of these general terms and conditions of sale be or become ineffective, this shall not affect the validity of the remaining provisions.