STANDARD TERMS AND CONDITIONS
(Last amended 10.06.2015)
§ 1 BESTSECRET’S AGREEMENT WITH YOU
These Standard Terms and Conditions apply to relationships between BestSecret GmbH (“BestSecret”) and you for:
the use of http://www.BestSecret.com (“Website”); and
the sale of any product (“Product”) by BestSecret to you via the Website.
BestSecret GmbH is incorporated and registered in Germany under company number Amtsgericht München HRB 168445. BestSecret’s registered office is at Margaretha-Ley-Ring 10, 85609 Aschheim, Germany, Best Secret GmbH’s main trading address is Margaretha-Ley-Ring 10, 85609 Aschheim, Germany. Our VAT number is GB 193 0411 29. Best Secret GmbH is a wholly owned subsidiary of Schustermann & Borenstein GmbH.
BestSecret intends to rely on the Standard Terms and Conditions and any document expressly referred to in them in relation to BestSecret’s relationship with you.
The current version of the Standard Terms and Conditions may be downloaded and printed from https://www.BestSecret.com/terms.
BestSecret may amend the Standard Terms and Conditions from time to time as set out in section 20.
It is important that you read and understand the Standard Terms and Conditions before using the Website or ordering any Product from the Website. If you do not understand any part of the Standard Terms and Conditions, then please contact BestSecret ( https://www.BestSecret.com/contact.htm) to discuss them.
Please note that by using the Website or by ordering any Product from BestSecret you agree to these Standard Terms and Conditions. If you do not agree to these Standard Terms and Conditions, please do not use the Website.
§ 2 INFORMATION ABOUT YOU
§ 3 MEMBERSHIP
BestSecret operates an online shop under https://www.bestsecret.com.
Only a registered user of the Website (“Member”) is allowed access to this online shop.
Anyone who is under the age of 18 may not become a Member.
There is no cost for Membership.
Members are not obliged to purchase Products or to attract new Members.
A user of the Website can apply for membership by registering and agreeing to these Standard Terms and Conditions.
Registration may only be submitted online.
Membership will come into force on BestSecret’s acceptance of your application.
BestSecret is not obliged to accept new Members.
Membership cannot be transferred to another person.
A Member undertakes to use the Website in accordance with these Standard Terms and Conditions. You must keep your account password private and safe. If you think anyone else is using your account, change your password straight away and let us know.
§ 4 DURATION/TERMINATION OF MEMBERSHIP
There is no maximum time that a Member must be a Member of the Website for.
A Member is entitled to terminate membership at any time without giving any reasons and with immediate effect.
BestSecret may terminate a Member’s membership at any time without giving reasons provided BestSecret gives 30 days prior notice. BestSecret may terminate a Member’s membership for cause after the expiry without results of a specified period for remedial action if the Member breaks these Standard Terms and Conditions. In addition, statutory termination rights for cause apply.
Termination will have no effect whatsoever on contracts that have already been agreed by the Member and BestSecret for the sale of any Product. The Member’s right to cancel contracts for the sale of any Product will not be affected by termination or notice to terminate Membership.
Should a Member object to the version of the Standard Terms and Conditions currently in force, his (their) membership will end on BestSecret’s receipt of his (their) objection.
§ 5 ATTRACTING NEW MEMBERS/PROHIBITION THEREOF
You may not, either through public statements or in freely accessible media, promote BestSecret or refer to the names of BestSecret’s partner brands in connection with BestSecret.
§ 6 HOW A CONTRACT IS FORMED BETWEEN YOU AND BESTSECRET FOR THE SALE OF A PRODUCT
All presentations of goods in the online shop are only an opportunity to order but do not constitute a binding offer on the part of BestSecret.
Before you place your order by clicking on “Purchase now” you will have the opportunity of identifying whether you have made any input errors by reviewing the contents of the shopping cart. You may correct those input errors before placing your order by editing the shopping cart an updating your changes.
For the steps you need to take to place an order on the Website or to check and amend errors in your order, please see our guide to placing orders on the Website at https://www.bestsecret.com/faq.htm.
An order submitted by a Member constitutes a binding offer pursuant to section 145 of the German Civil Code (BGB).
Receipt of your order will be confirmed together with its acceptance by way of an e-mail sent after the order has been submitted. The contract for the sale of the Product will be formed with this e-mail confirmation.
BestSecret is not obliged to accept your order and may at any time refuse to accept the order on the basis of reasonable reasons. In this case, BestSecret will inform you without undue delay that your order has not been accepted.
If there is an error in the price on the Website, BestSecret will inform you of this by email without undue delay and will not process the order. If you have already paid for the Product, BestSecret will refund the full amount to you as soon as possible.
Products will only be sold in standard household quantities.
The minimum order value is £25,00.
§ 7 REVOCATION POLICY
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us
Best Secret GmbH, Am Hart 2, 85375 Neufahrn, Germany;
Tel: +49 (0) 89 / 9077 824-11
Fax: +49 (0) 89 / 9077 824-0
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Best Secret GmbH, Am Hart 2, 85375 Neufahrn, Germany
Fax: +49 (0) 89 / 9077 824-11
(*) Delete as appropriate.
§ 8 HANDLING RETURNS
Before returning Products to BestSecret, you should pack them carefully and securely. If a Product cannot be packed carefully and securely please contact us to arrange with us the collection of the product by us.
For more information about how to return Products, please use the online returns centre http://www.BestSecret.com/returnorders.htm.
§ 9 PRICES AND COSTS OF DELIVERY
The prices advertised on the Website by BestSecret include VAT but not the costs of delivery. The delivery costs are GBP 5,90 in the United Kingdom for any order.
A final price including delivery costs will be stated on every order.
We take all reasonable care to ensure the prices of Products are correct at the time when the relevant information is entered onto the Website. However, our website contains a large number of Products, and it is possible that despite our reasonable efforts, some Products may be incorrectly priced. If we discover an error in the price of the Product you have ordered we will inform you of this error and give you the option of purchasing the Product at the correct price or cancelling the order. We will not process your order until we have your instructions and if we are unable to contact you we may cancel the order after a reasonable period of time. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
§ 10 PAYMENT
The purchase price may be paid by credit card, PayPal or a BestSecret credit note (see section 10.4). BestSecret accepts VISA, MasterCard and American Express. You are responsible for all costs and charges incurred in the event of fault using your credit card or debit card.
The purchase price will be debited after BestSecret has accepted your order.
In the case of SEPA direct debit, the payment is debited at the earliest the next working day from the receipt of the order. Under certain circumstances, a banking day could be a public holiday. The prenotification period shall be one day and is made by the order confirmation. The account holder may immediately notify BestSecret in case of cancellation of the SEPA mandate before the due date of the debit. Any costs, which arise in connection with an invalid mandate caused by the Member or the account holder, have to be borne by the Member or the account holder.
BestSecret’s credit notes & gift vouchers (together: credit notes) will be subject to the following conditions:
Purchased credit notes may be redeemed up to the end of the third year following purchase.
Credit notes will not be paid out in the form of cash.
Should an order be returned that was acquired by using a credit note, the Member will receive an appropriate credit note for the return.
Only one credit note may be used for each order.
Please visit “MyBestSecret/credit notes” should you wish to redeem credit notes on your customer account or view your current credit balance.
§ 11 DELIVERY
Orders can only be delivered within the United Kingdom.
BestSecret’s deliveries are made by DHL. Also, no deliveries are made to post office boxes.
When ordering a Product you must provide a delivery address to which the Product can be delivered during normal business hours. Delivery will be completed when BestSecret delivers the Product to the address you provide.
§ 12 WARRANTY
Legal guarantee of conformity for goods exists with the exception of claims for damages and for reimbursement of expenses. Please find the detailed regulations in § 14.
Should BestSecret give its own guarantees in respect of any Product, this guarantee will not affect your legal rights in relation to Products that are faulty or not as described.
BestSecret gives no warranty for the availability of the Website at all times, without interruption, promptly, securely and free of defects.
§ 13 PRODUCTS ON THE WEBSITE
The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Product. Products sent to you may vary slightly from those images.
The packaging of the Products may vary from that shown on images on the Website.
§ 14 LIABILITY
BestSecret shall be liable without limitations for all damages caused by its legal representatives or by its agents due to loss of life, bodily injuries or injuries to health (personal injury) as well as for damages arising from intentional or gross negligent behaviour.
Nothing in these Standard Terms and Conditions limits or excludes BestSecret’s responsibility in case of fraudulent concealment of information about defects and in the event of the assumption of a guarantee for condition.
For other damages BestSecret shall be liable only in case of a breach of a material obligation under the contract or a material pre-contractual obligation is violated. Material contractual obligations can be described as such obligations that protect the legal positions of the customer which are material to the contract and which have to be granted to the customer under the contract in terms of subject matter and purpose; material contractual obligations are also obligations whose fulfillment makes the due performance of the contract possible in the first place and where the customer regularly relies on and may rely on compliance with such obligations, e.g. BestSecret has the obligation to hand over the goods to the customer free from material defects and defects of title and to transfer the ownership to the customer. In such cases the liability, however, shall be limited to the amount of the damage typically foreseeable upon conclusion of the contract.
Cases of strict liability prescribed by law as well as the regulations of the German Product Liability Act shall remain unaffected by the forgoing provisions.
BestSecret will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any event, which is beyond its reasonable control and for which BestSecret is not accountable. Events beyond BestSecret’s reasonable control, include strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, subsidence, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Due to the nature of the Internet and technology, the Website is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Website will be uninterrupted, without delays, error-free or meet your expectations. Likewise, we cannot promise the accuracy, currency, availability, correctness and completeness of the information contained on the Website (although we will make reasonable efforts to achieve this).
§ 15 EXCLUSION OF LIABILITY FORTHIRD PARTY LINKS
BestSecret draws your attention to other websites by means of links on the pages of the Website. The following applies to all of these links: BestSecret expressly declares that it has no influence whatsoever on either the design or the content of linked websites. BestSecret therefore hereby expressly distances itself from the content of third parties’ websites linked by the Website. BestSecret does not claim the contents of the linked websites as its own. This statement applies to all links shown and to all the contents of pages to which links lead from BestSecret’s own website.
§ 16 RESERVATION OF TITLE
The goods will remain BestSecret’s property until the purchase price has been paid in full.
§ 17 RIGHT TO USE PHOTOGRAPHS UPLOADED BY MEMBERS
By uploading photographs to the Website, you grant BestSecret the right, unlimited as to time and geographic area, to use them as part of and for the purpose of online offers and especially to offer other users the opportunity to retrieve, store and print these photographs and to use them in BestSecret’s online media. BestSecret may in connection to this also process, distribute, make publicly accessible and reproduce these photographs. Uploaded photographs may also be presented for editorial purposes, accentuated and appraised.
By uploading photographs to the Website you confirm that you are the owner of the photograph. It is the sole responsibility of a Member uploading photographs to the Website to ensure that all rights thereto are owned by the Member.
§ 18 COPYRIGHT
Should you download and use material protected by copyright used and presented by BestSecret as part of its Website, you may only use it for private consumption purposes. You may not use third parties’ copyrighted material used by BestSecret in order to present the Products it offers for sale for your own purposes beyond those of private use.
§ 19 SECRETCLUB
All members are entitled to participate in the incentive program "secretclub".
Recommendations can only be addressed to potential new customers of the BestSecret GmbH. Customers already registered with BestSecret GmbH or once rejected won’t be able to subscribe.
A person qualifies as recommended if they have received direct access to BestSecret by a provided link that enables them to register with BestSecret. It is not possible to recommend the same person several times.
The commission amounts 5% of the net sales (purchase price without VAT under the terms mentioned in § 19) of the recommended customer in the commission period mentioned in § 19 paragraph 5. Commissions are only valid for fully paid and unreturned orders. Commissions become available once the conditions stated are fulfilled. In case the recommended customer doesn’t keep any of their orders, no commission will be paid. In case discount vouchers are being used for payment, no commission will be paid.
The recommending customer can receive commissions within a period of 365 days, from the date the recommended person registered as a new customer with BestSecret GmbH.
An update of the commission account only takes place in case an overlap in commissions time of at least two recommended customers occurs and both of them placed at least one valid order during the overlapping period (see paragraph 4).
The recommended customer can dispose of their commission account, starting credit included, as soon as an update of the commission account has been made (see paragraph 6) and the recommending customer has at least achieved bronze status.
Cash payments are not possible. The commission account can only be used for placing orders with BestSecret GmbH.
Spamming as well as sending recommendations out to people that do not wish to receive recommendations is strictly prohibited. Permission of the person to be recommended needs to be sought.
BestSecret GmbH reserves the right to close the commission account, to reclaim commissions given and take legal action in case of serious infringements of the conditions and gross negligence and intentional behavior or any kind of misuse.
BestSecret GmbH reserves the right to terminate the incentive program any time without giving reasons. People may be barred from participation based on serious grounds. In case of termination, commissions already received remain valid. Statutory limitations shall apply.
§ 20 CHANGES TO THE STANDARD TERMS AND CONDITIONS
BestSecret may change these Standard Terms and Conditions from time to time because there are changes in relevant laws or regulatory requirements or there is another important reason for such change. Apart from that every change of these Standard Terms and Conditions is subject to the consent of the Member. We will provide you with the notice of the change. In addition, you will have a right to terminate your membership within 30 days from the notice.
Every time you order Products from BestSecret the Standard Terms and Conditions that are in force at that time will apply to your relationship with BestSecret.
Upon every modification of these Standard Terms and Conditions BestSecret will record the date of the modification at the top of these Standard Terms and Conditions. If possible and necessary, BestSecret will notify the Members of substantial changes of texts which these Standars Terms and Conditions refer to. BestSecret will inform the Members via its website (e.g. by the question whether these changes will be accepted) or by means of e-mail.
§ 21 LEGAL VENUE
In business transactions with merchants or legal entities under public law the exclusive place of jurisdiction for all legal disputes, including claims in tort, shall be Munich in the Federal Republic of Germany.
§ 22 SEVERABILITY CLAUSE
Should one or more provisions in these Standard Terms and Conditions be legally invalid according to the opinion of a responsible court, this will not affect the validity of the remaining provisions. Where a provision is found invalid the relevant provisions that can be implied by law into the contract will apply instead of the invalid provisions.
§ 23 RIGHTS IN THIS AGREEMENT
If you do not comply with these Standard Terms and Conditions and BestSecret does not take action immediately, this does not mean that BestSecret has given up any right it may have and it may still take action in the future.
This contract is between you and BestSecret. No other person shall have any rights to enforce any of its terms.
Upon your prior consent, BestSecret may transfer its rights and obligations under these Standard Terms and Conditions to another organisation, but this will not affect your rights or our obligations under them.
You may only transfer your rights or your obligations under these Standard Terms and Condition to another person if BestSecret agrees in writing.
§ 24 APPLICABLE LAW
In the event of legal disputes the law of the Federal Republic of Germany with exclusion of the UN-sales law (CISG) will apply. Regarding business transactions with end-consumers within the European Union, the law governing the end-consumer's domicile may also be applicable if mandatory consumer right provisions are involved.
§ 25 CONTACT, FEEDBACK AND COMPLAINTS
If you need to contact BestSecret in relation to these Standard Terms and Conditions or any other document mentioned in them, please write to BestSecret at Margaretha-Ley-Ring 10, 85609 Aschheim, Germany or email BestSecret at email@example.com.
BestSecret values hearing from you, and is always interested in learning about ways it can improve the service it offers. By providing your feedback you agree that you are giving up any rights you have in your feedback so that BestSecret may use and allow others to use it without any restriction and without any payment to you.
If BestSecret needs to contact you or give you notice in writing, it will do so by e-mail, or by writing to the address you provided in your order.