- 1 Scope
These terms and conditions apply to all purchases from Effect & Result GmbH made by private customers. These terms and conditions also apply to the purchase of vouchers, unless something different is expressly stipulated in writing. Private customers in this sense are people to the extent that the goods they order cannot be attributed to their commercial or independent professional activity. Differing business or purchasing conditions of the customer will only be recognized if they are expressly agreed in writing.
- 2 Conclusion of contract
Sending an order via the online shop represents a binding offer from the customer with regard to the goods contained in the shopping cart to Effect & Result GmbH to conclude a purchase contract. The product representations contained on the homepage do not represent binding offers on the part of the seller. but rather serve to submit a binding offer by the purchaser.
This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second email (shipping confirmation). No purchase contract is concluded for products from the same order that are not listed in the shipping confirmation. If the buyer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website. The customer can access the order data via his password-protected user account. Order processing takes place via email and automated order processing. The customer must ensure that the email address he provides is correct so that he can receive emails sent by the seller at this address.
- 3 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Effect & Result GmbH, Theatinerstr. 31, 80333 Munich, firstname.lastname@example.org) by means of a clear statement (e.g. email) of your decision to withdraw from this contract , inform. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract
Effect & Result GmbH
Theatinerstr. 31, 80333 Munich
to send back. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(If you want to cancel the contract, please fill out this form and send it back.)
Effect & Result GmbH
Theatinerstr. 31, 80333 Munich
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s):
(only for notification on paper)
(*) Delete what is not applicable
- 4 DELIVERY
After receipt of the offer and confirmation by Effect & Result GmbH, delivery will be made to the delivery address specified by the customer in the order. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive. On the website you will find information about the availability of products sold directly by Effect & Result GmbH. If delivery to the purchaser is not possible because the purchaser cannot be found at the delivery address specified by him, even though the delivery time was announced to the purchaser with a reasonable amount of notice, the purchaser will bear the costs for the unsuccessful delivery. Shipping costs are incurred for shipping the ordered goods, unless otherwise specified. Within Germany the shipping costs are €4.95. For deliveries over 50 euros, shipping costs within Germany are waived.
Vouchers are sent to the customer by email or post.
If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Effect & Result GmbH's obligation to provide performance is excluded. Amounts already paid will be refunded immediately by Effect & Result GmbH.
Effect & Result GmbH can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by Effect & Result GmbH.
- 5 RETURN COSTS AGREEMENT
In the event of a cancellation, the costs of return will be borne by you.
When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
- 6 PAYMENT, DUE DATE AND DELAY
The prices awarded are final prices including sales tax. The amount that is stated at the time of the binding order applies. The customer can pay the purchase price by credit card (Master/Visa/American Express), direct debit, invoice or PayPal. Effect & Result GmbH reserves the right not to offer certain payment methods in individual cases. If you are in default of payment, Effect & Result GmbH is entitled to demand default interest of 5 percentage points above the base interest rate per annum announced by the Deutsche Bundesbank for the time of the order. If Effect & Result GmbH has demonstrably incurred higher damages due to the delay, Effect & Result GmbH is entitled to claim this.
- 7 RETENTION OF TITLE
The delivered goods remain the property of Effect & Result GmbH until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; In particular, the customer may not contractually grant third parties use of the goods.
- 8 LIABILITY FOR DEFECTS
If the goods purchased from us are defective, the provisions of statutory liability for defects apply. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this to Effect & Result GmbH. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
If a product is already defective upon delivery (warranty case), Effect & Result GmbH will, at the customer's discretion, replace it with a defect-free product or have it professionally repaired at Effect & Result GmbH's expense (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. There is no warranty claim in particular in the following cases:
a) in the event of damage caused to the customer through misuse or improper use,
b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, taking into account the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - in particular the value of the purchased item defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of Effect & Result GmbH to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address provided by Effect & Result GmbH at the expense of Effect & Result GmbH, stating the order number.
If the customer sends the goods in to receive a replacement product, the return of the defective product is based on the following conditions: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the use they made . The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect giving rise to withdrawal only became apparent during processing or redesign,
b) if Effect & Result GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Effect & Result GmbH,
c) if the deterioration or loss occurred on the part of the customer, even though the customer had observed the care that he usually applies in his own affairs.
The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions.
- 9 DISCOUNT CODES, PROMOTIONAL VOUCHERS, OFFERS AND PROMOTIONS
Discount codes or vouchers that are issued free of charge by the seller as part of promotions (promotional vouchers) are unique, limited to one recipient and are not transferable. A refund or withdrawal of a code is not possible. These discount codes are limited in time and can only be redeemed via the seller's online shop and only during the specified period. If a discount code has expired or is otherwise invalid, no replacement codes will be issued. Only one discount code can be redeemed per order. The discount code can only be redeemed before completing the ordering process. Subsequent billing is not possible. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. We reserve the right to exclude products and product categories from discounts and promotions. If a discount code is applied to orders with multiple items, the discount will be applied accordingly to the respective, individual product price. For returns, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount. The balance of a promotional voucher neither bears interest nor is paid out in cash. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
- 10 APPLICABLE LAW
The contract concluded between you and Effect & Result GmbH is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods.
- 11 DISPUTE RESOLUTION
General information requirements for alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http:// ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
- 12 JURISDICTION
If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the Federal Republic of Germany.
- 13 FINAL PROVISIONS
Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.
Changes or additions to this contract must be made in writing.