General terms and conditions

Terms of contract within the framework of purchase contracts concluded via the platform https://mysummerfoot.com

between

Brain Trust UG

28790 Schwanewede, Leuchtenburg

  • hereinafter referred to as the „Provider“ –

and

the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers“.

 

§ 1 Scope of application

For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions the customer are not recognized, unless the provider agrees to their validity expressly in writing.

 

§ 2 Conclusion of contract

(1) The Customer may select products from the Supplier’s product range and collect them in a so-called shopping basket by clicking the „Add to shopping basket“ button. Via the button „Buy now“ he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.

(2) The supplier then sends the customer an automatic confirmation of receipt with the subject „Your Summer Foot – Velvet Soft Feet in only 7 days! order receipt“ by e-mail, in which the customer’s order is listed again and which the customer can print using the „Print“ function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

(3) The contract is concluded in the languages: German.

 

§ 3 Delivery, availability of goods, payment modalities

(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.

(3) The customer can make the payment by PayPal, bank transfer.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date.

 

§ 4 Retention of title

Until the purchase price has been paid in full, the delivered goods remain the property of the supplier.

 

§ 5 Prices and shipping costs

(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of revocation.

(3) The customer has to bear the direct costs of the return in the case of a revocation.

 

§ 6 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). For entrepreneurs, the warranty period for items delivered by the supplier is 12 months.

 

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages the customer arising from injury to life, limb or health from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer’s claims for damages arising from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

 

§ 8 Notes on data processing

(1) The provider collects data of the customer within the framework of the handling of contracts. He shall in particular observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the inventory and usage data of the customer to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.

  • 9 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.