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GENERAL TERMS AND CONDITIONS

(valid from 01/July/2020)

Content

Preamble

A. General provisions

B. Special provisions for the online shop

Preamble

By registering for BestSecret, the member declares that he agrees to the following General Terms and Conditions of Best Secret GmbH (hereinafter: "BestSecret"). For reasons of reader-friendliness we use the generic masculine in this text. Of course, all genders are meant equally.

A. General Provisions

SECTION 1 GENERAL

  1. These General Terms and Conditions govern the relationships between Best Secret GmbH (hereinafter “BestSecret”) and the registered users of the BestSecret online shop (hereinafter the “Member”)

    1. a) in the use of the website at www.BestSecret.co.uk (hereinafter the “Website”) or the BestSecret app for mobile end devices (hereinafter the “App”) and

    2. b) the sale of goods (hereinafter “Goods”) by BestSecret via the Website or the App.

    3. (hereinafter altogether: BestSecret services)

  2. Business relationships with BestSecret are subject exclusively to these General Terms and Conditions as well as the other provisions explicitly stated there.

  3. The current version of the General Terms and Conditions can be downloaded and printed out at www.BestSecret.co.uk/terms.

  4. BestSecret is entitled to amend these General Terms and Conditions in accordance with Section 8.

  5. BestSecret requires that users read these General Terms and Conditions before using the Website/App or ordering Goods. If you do not understand parts of these General Terms and Conditions, please contact BestSecret (www.BestSecret.co.uk/contact.htm) to have them explained to you.

  6. Please be aware that by using the Website/App, and especially by ordering a product, you agree to our General Terms and Conditions. If you do not agree to these General Terms and Conditions, you are prohibited from using the Website/App and in particular from ordering Goods.

SECTION 2 DATA PROTECTION

Protecting your privacy is our highest priority. In the course of using BestSecret, it is necessary to store and process personal data. You can read our privacy policy at www.BestSecret.co.uk/privacy to see which data BestSecret collects from you and how it is processed.

SECTION 3 MEMBERSHIP

  1. Only Members can access this online shop.

  2. The first requirement for getting Membership is a recommendation.

  3. Only consumers who are fully legally competent may become Members.

  4. You can only register online.

  5. You only become a Member when BestSecret accepts your Membership Application.

  6. BestSecret is not obliged to accept new Members.

  7. Each natural person is only allowed to have one BestSecret account.

  8. Membership is non-transferable.

  9. Membership is free.

  10. The Member is not obliged to order Goods or recruit new Members.

  11. The Member undertakes to use the Website in accordance with these General Terms and Conditions. Login details must be kept secret. If he suspects that a third party is using his login details, the Member is obliged to inform BestSecret without undue delay and to change his password.

SECTION 4 TERM AND TERMINATION OF MEMBERSHIP

  1. Membership persists for an indefinite period.

  2. The Member is entitled to terminate his Membership at any time, without giving reasons and with immediate effect. Terminations can be sent by email to [email protected].

  3. BestSecret may terminate Membership at any time without notice and without giving reasons.

  4. Termination has no effect on orders which have already been submitted. Any rights of withdrawal and cancellation on the part of the Member remain unaffected by termination.

  5. If a Member objects to the General Terms and Conditions or parts thereof, his Membership ends automatically when the objection is received by BestSecret, after BestSecret has been informed of the impending termination and a reasonable period has elapsed between objection and termination.

SECTION 5 VIP Club

5.1 General information

  1. The following VIP Club rules apply only in countries in which the euro is the official currency.

  2. BestSecret rewards especially loyal members by offering the VIP Club. Members can earn points based on certain activities. Members can attain Silver ,Gold or Diamond status depending on the number of points they have. You can read about what you need to do to reach the desired status and what the respective benefits are in the Helpcenter under the point VIP Club. You can find the Helpcenter here. Certain advantages are offered in collaboration with cooperation partners. These offers may be limited in time and may be terminated at any time in the future without giving reasons.

  3. It may take up to four weeks for points to be credited to you.

  4. The respective status is valid for 12 months. If you reach a higher level during this period, you will be automatically switched to the next higher level. You likewise retain your new status for a period of 12 months.

5.2 Referring new members

  1. Every member who has attained at least Silver status has the opportunity to refer new members. You can read about how you can refer new members here.

  2. Members may make a limited number of referrals depending on their status. Members who have attained Silver status can generally make three referrals per year. Members who have attained Gold status are entitled to refer five people per year. Members who have attained Diamond status are entitled to refer 10 people per year.

  3. Referrals can only be sent to potential new BestSecret customers. Referrals may not be sent to customers who are already registered or who have already been declined by BestSecret.

  4. A person is regarded as having been referred if they register as a BestSecret customer in response to a direct referral using the code provided to them. The same person may not receive multiple referrals.

  5. Members receive 100 points and a voucher for each successful referral. The amount of the voucher depends on the respective status. The invitation voucher is valid for three months. Additional details are available here.

  6. Spamming and sending referrals to people who do not want a referral to BestSecret are expressly prohibited. Consent must be obtained in advance from potential recipients of referrals.

5.3 Commission system

  1. Every member who has at least attained Silver status will receive a commission based on purchases by the people they referred.
    The member must invite at least two friends to BestSecret who place an order of at least EUR 100,00 each within one year and do not return the entire order. From this point on, the member’s commission account will be updated, and the member will have access to the account provided they have attained at least Silver status.

  2. The commission for Silver or Gold customers is 5% of the net purchases (purchase price without value added tax) by the people they refer and for Diamond customers 7% of the net turnover by the people they refer. The amount of the commission depends on the status of the recommender at the time of the registration of the recommended person. The commission amount will not be adjusted for past referrals in case of a change of status.

  3. Commissions are only valid for orders that have been paid in full and finally retained by the recipient of the referral and only after these conditions have been satisfied. No commission credit will be awarded if the recipient of the referral returns an order. If the recipient of the referral uses discount vouchers when making a purchase, the discount voucher will be deducted from the net purchase price when calculating the commission.

  4. The commission period during which the member who made a referral will be awarded a commission credit for purchases by the recipient of the referral is 365 days from the date on which the recipient of the referral registered as a BestSecret customer.

  5. Commissions will be paid out as vouchers. Commission credits may not be paid out in cash. The commission account may only be used for orders from BestSecret.

  6. Members are responsible for any tax liability associated with their commissions.

  7. Commissions are redeemable until the end of the third year after receipt.

  8. BestSecret reserves the right to block the commission account, demand repayment of any previously awarded commissions and take further legal action in the event of violations of the General Terms and Conditions, gross negligence, willful misconduct or abuse in any form.

5.4 Miscellaneous

  1. BestSecret reserves the right to change the VIP Club terms and conditions as provided in section 8 or to discontinue the VIP Club altogether.

  2. BestSecret reserves the right to suspend members from the VIP Club or to revoke certain benefits associated with the VIP Club, and to take further legal action, in the case of violations of the General Terms and Conditions, gross negligence, willful misconduct or abuse in any form.

  3. In the event that the VIP Club is discontinued, commissions earned shall remain valid subject to the provisions of section A.5.3.8 and 4.2, and applicable statutory limitation periods shall apply.

  4. Commissions expire if membership of BestSecret is ended altogether.

SECTION 6. prohibition of spamming with invitation codes for BestSecret

The member is prohibited from spamming with invitation links. The sharing of invitation links on the personally used social networks and in the personal environment is expressly permitted.

SECTION 7 VOUCHERS

7.1 General conditions

  1. Vouchers can be used to buy products on the Website/App. The voucher is credited against the invoice amount. Vouchers cannot be credit against shipping costs.

  2. If the order exceeds the value of the voucher, the difference can be settled with another admissible payment method.

  3. Only one voucher can be redeemed per order.

  4. Each voucher may only be used once.

  5. Vouchers cannot be paid out in cash.

  6. BestSecret accepts no liability for loss, theft, destruction or delayed transmission (e.g. due to technical difficulties) of vouchers, if the aforementioned circumstances do not originate from the sphere of BestSecret.

  7. BestSecret reserves the right to refer to alternative payment methods, refuse delivery and/or block Member accounts if it has good reason to suspect abuse in connection with the use of vouchers.

  8. If you wish to redeem vouchers on your customer account or view an existing credit balance, please visit www.bestsecret.com and there “My BestSecret/Vouchers”.

  9. Customer service: if you have any complaints or questions, please contact our customer service team ([email protected]).

7.2 Special conditions for bought vouchers

The following additional conditions apply to vouchers which a Member purchased for a fee.

  1. Bought vouchers can be redeemed up to the end of the third year following the date of purchase.

  2. If the voucher exceeds the invoice amount, any remaining credit balance will be preserved and credit to the Member’s BestSecret account. A cash payout of the remaining value is excluded.

  3. If an order is returned for which a voucher was used, the Member will receive a return voucher in the appropriate amount.

7.3 Special conditions for vouchers which were not bought

The following conditions apply to vouchers which were not bought.

  1. BestSecret reserves the right to exclude certain products from the redemption of vouchers.

  2. Vouchers are only redeemable for a limited time. They lose their validity on the date shown on the voucher. This period cannot be extended.

  3. Should the voucher exceed the invoice amount, the remaining credit balance will not be reimbursed.

  4. Vouchers cannot be transferred to other people.

  5. Vouchers may depend on minimum order values. If the member returns goods and subsequently falls below the minimum order value, BestSecret reserves the right to cancel the voucher.

  6. Vouchers will not be reimbursed if goods are returned. If the member returns some of the goods, the voucher will be credited partially to the retained goods.

  7. BestSecret reserves the right to grant vouchers subject to further conditions. BestSecret will provide these conditions at the time of granting the vouchers.

SECTION 8 AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

  1. BestSecret is entitled to amend its General Terms and Conditions. BestSecret will only make such amendments for good reason, especially due to changes in the law, legal requirements or for good reasons.

  2. Each purchase is subject to the current General Terms and Conditions at the time of the order.

  3. BestSecret will determine the date of any revision of these General Terms and Conditions at the start of the General Terms and Conditions.

  4. BestSecret will inform the members about significant, i.e. not only editorial changes to the General Terms and Conditions with a sufficient period of time in advance via the website/app or by e-mail. Your agreement will be deemed to have been given if you do not object to the new General Terms and Conditions before they take effect within the specified period. If you do not agree with the changes, you may cancel your membership without notice and free of charge before the new General Terms and Conditions take effect. You will be informed about this again in the notification. If no objection is received from your side, the terms and conditions will automatically become the basis of your membership and all future purchases. Alternatively BestSecret can also obtain the express agreement of the member to the changes in the general terms and conditions.

SECTION 9 SEVERABILITY CLAUSE

Should one or more of the provisions of these General Terms and Conditions be invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by the statutory regulations.

SECTION 10 RIGHTS

  1. If you do not agree with these General Terms and Conditions and BestSecret does not respond directly to asserted claims, this does not mean that BestSecret is ceding any rights. Rather, BestSecret reserves the right to assert its claims in the future.

  2. These provisions apply between BestSecret and its members. Third parties may not derive any claims from them.

  3. Unless otherwise prohibited by law, you hereby agree that BestSecret may transfer its rights and obligations arising from these General Terms and Conditions to third parties without adversely affecting your rights and obligations.

  4. The member may only transfer his rights and obligations arising from these General Terms and Conditions with BestSecret’s written consent.

  5. BestSecret reserves the right to make use of suitable service providers, such as shipping providers, to fulfil the obligations arising from this contract with the customer.

SECTION 11 APPLICABLE LAW

The law of the Federal Republic of Germany shall apply in the event of legal disputes, to the exclusion of UN Sales Law. In dealings with end consumers within the European Union, the law at the end consumer’s residence shall also apply within the scope of the mandatory provisions of consumer law.

SECTION 12 CONTACT, FEEDBACK AND COMPLAINTS

If you wish to contact BestSecret with regard to these General Terms and Conditions or documents referred to in them, please write to: Best Secret GmbH, Margaretha-Ley-Ring 10, 85609 Aschheim, Germany or send an email to: [email protected].

BestSecret is glad to hear from you and is always interested in improving its service and offering. By giving your feedback you agree to BestSecret using your suggestions without paying a fee.

If BestSecret wishes to contact you, we will do this by email or in writing at the address you provided.

B. Special Provisions for the online shop BestSecret

The following conditions regulate the relationship between BestSecret and the member when using the online shop BestSecret.

SECTION 1 CONTRACTING PARTNER

The online shop BestSecret provided on the website and app is operated by Best Se-cret GmbH. BestSecret is registered in Germany in the commercial register of Munich Local Court under the register number HRB 168445. The company’s seat is at Margaretha-Ley-Ring 10, 85609 Aschheim, Germany. Our VAT numbers are listed in the table below. BestSecret is a fully-owned subsidiary of Schustermann & Borenstein GmbH.

SECTION 2 CONCLUSION OF CONTRACT

  1. BestSecret has provided a guide at www.BestSecret.co.uk/faq.htm as an introduction to the order process and to avoiding errors in using the Website/App.

  2. The presentation of Goods in the online shop does not represent a binding sales offer from BestSecret. It is merely an encouragement to the Member to order Goods from BestSecret.

  3. When he submits the order by clicking the “BUY NOW” button, the Member issues a binding commitment to conclude a purchase contract.

  4. The Member usually receives an email order confirmation from BestSecret immediately after submitting an order. The purchase comes into being when the Member receives the confirmation of purchase.

  5. BestSecret is not obliged to accept purchase offers from the Member and may refuse to accept them at any time without giving reasons. In such cases, BestSecret will inform the Member immediately by email that his order has not been accepted. The Member will be fully reimbursed for any payments already made.

  6. Goods are only sold in normal household quantities.

  7. The minimum order amount is GBP 25,00.

  1. The prices displayed by BestSecret include statutory VAT.

  2. Each order is also subject to shipping costs in the amount of GBP 5,90 in the United Kingdom.

  3. The final price including shipping costs is given for every order.

SECTION 4 PAYMENT

  1. The purchase price may be paid by credit card, PayPal, or voucher. BestSecret reserves the right to exclude individual payment methods and refer to other payment methods, or to introduce further payment methods.

  2. BestSecret accepts credit cards from the companies VISA, MasterCard and American Express. Processing is carried out via an external payment service provider. After entering the credit card data, an additional confirmation mask of the bank with all payment data is displayed. The member must go through the respective authentication procedure of his bank and can confirm the credit card payment by entering a security code afterwards. Further information on the authentication procedure can be obtained from your bank. The Member is liable for any additional costs arising through his fault in the use of his chosen payment method, for example by return debit. If the Member is paying by credit card,BestSecret will debit the purchase price after it receives the order.

  3. When choosing the payment method PayPal, the member is automatically redirected to the PayPal site at the end of the order process. There the member can register and follow the payment instructions of PayPal. The PayPal account will be charged directly with the corresponding purchase amount.

  4. Payment with vouchers is subject to the voucher conditions set out in Section A.7.

SECTION 5 DELIVERY

  1. Delivery is only carried out within the United Kingdom.

  2. BestSecret generally ships Goods using the company DHL or another shipping company.

  3. A shipping address must be given for shipping where the Goods can be delivered during normal business hours. The order process is completed as soon as the Goods are delivered to the address given.

  4. If BestSecret cannot comply with a binding shipping deadline through no fault of its own (e.g. due to force majeure), BestSecret shall inform the Member of this immediately and give a new shipping deadline. Force majeure includes in particular strike, lockout or other industrial action, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters or failures of private or public telecommunications networks, rail transport, sea freight, air freight, forwarders or other public or private transport and all other hindrances which BestSecret could not foresee and for which it is not responsible. If this shipping deadline is not acceptable to the Member, the latter is entitled to withdraw from the contract. BestSecret will immediately reimburse any consideration which has been made. This does not affect the contracting parties’ statutory rights. BestSecret’s liability for delayed delivery is limited according to Section B.10.5

SECTION 6 RETENTION OF TITLE

The Goods remain the property of BestSecret until the purchase price has been paid in full.

Cancellation policy

Right of withdrawal

You have the right to withdraw this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day when you or a third-party appointed by you who is not a carrier has taken ownership of the last good.

In order to exercise your right of withdrawal you must inform

Best Secret GmbH, Margaretha-Ley-Ring 10, 85609 Aschheim, Germany

Fax: +49 (0) 89 / 9077 824-11

Tel: +44 (0) 203 / 6974001

Mail: [email protected]

of your decision to withdraw this agreement by an unequivocal statement (e.g. by letter, fax, or email). You may use the attached sample withdrawal form, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw the contract, we have to reimburse all payments received from you, including shipping costs (with the exception of the additional costs resulting from your choice of a shipping method other than our economical standard delivery option) with undue delay and at the latest within fourteen days from the day when we receive your notification of withdrawal for this contract. For this refund we will use the same means of payment that you used for the original transaction, unless otherwise explicitly agreed with you; on no account will you be charged fees due to this repayment.

We can refuse the repayment until we have received the Goods back, or you have provided evidence that you have sent the Goods back, whichever is earlier.

You must return or hand over the Goods without undue delay, and at the latest within fourteen days from the day on which you informed us that you were cancelling this contract. The deadline is satisfied if you send the Goods before expiry of the fourteen day period.

We will bear the costs of returning the Goods.

You only need to pay for any diminished value of the Goods if such loss in value is due to handling of the Goods which was not necessary for checking the quality, characteristics and function of the Goods.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

To

Best Secret GmbH, Margaretha-Ley-Ring 10, 85609 Aschheim, Germany

Fax: +49 (0) 89 / 9077 824-11

Email: [email protected]

- I/we (*) hereby cancel the contract I/we (*) have concluded to purchase the following Goods (*)/receive the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for notification on paper)
- Date

(*) Delete as appropriate.

SECTION 8 PROCESSING OF RETURNS AND REFUNDS

  1. Before you return the Goods you must pack them securely and carefully. Should it not be possible to pack a product accordingly, we ask you to contact us to arrange for us to collect the Goods.

    Send the item to:
    Best Secret GmbH
    Parsdorfer Straße 13
    85586 Poing
    Germany

    If you create a return in your customer account, it is possible that a different address is displayed on the return label.

    For further information on returns please see our instructions at www.BestSecret.co.uk/returnorders.htm.

SECTION 9 WARRANTY

  1. Statutory warranty rights apply. BestSecret’s liability for compensation is limited in accordance with Section B.10.

  2. Where BestSecret provides special warranties, these do not affect the statutory warranty rights.

  3. BestSecret does not provide any guarantee that the Website/App will be available, secure and free of interruptions and defects at all times.

SECTION 10 LIABILITY

  1. BestSecret is liable without limitation for damages arising from injury to life, body or heath (personal damages) caused by BestSecret itself, its legal representatives or its vicarious agents, and for all damages caused intentionally or by gross negligence.

  2. BestSecret is liable without limitation if it maliciously conceals defects and if it provides a quality guarantee.

  3. BestSecret is only liable for other damages if it breaches a material contractual obligation or a material pre-contractual obligation. Material contractual obligations are those which protect contractual obligations of the customer which the contract must grant him in accordance with its content and purpose; obligations are also material, if they must be fulfilled for the contract to be executed properly and if the customer trusted or is entitled to trust that they would be fulfilled, e.g. BestSecret must hand the item over to the customer free of material and legal defects, and to transfer ownership of the item to the customer. In such cases liability is, however, limited to contractually typical damages which were foreseeable when the contract was concluded.

  4. Statutory fault-dependent liability and the provisions of the Produkthaftungsgesetz (Product Liability Act) are not affected by the above limitation of liability.

  5. BestSecret is not liable for delays or breaches of contract if the delay or breach was caused by force majeure and is not BestSecret’s fault. Events outside BestSecret’s sphere of influence include in particular strike, lockout or other industrial action, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters or failures of private or public telecommunications networks, rail transport, sea freight, air freight, forwarders or other public or private transport.

  6. Due to the nature of the internet and associated technologies used to provide the Website/App, these can only be provided on a “when available”and “as is” basis. As such, we cannot promise that use of the Website/App will be free of interruptions, delays and defects, or that it will fulfil your expectations. Likewise, we cannot guarantee that the information on the Website/App will be up-to-date, available, accurate, complete or free of errors (although we do our best to achieve this).

SECTION 11 PRODUCT IMAGES ON THE WEBSITE/APP

  1. The product images on the Website/App are for illustration purposes only. Although we do our best to reproduce colours accurately, we cannot guarantee that your screen will reproduce these colours accurately. The products delivered may therefore deviate slightly from the pictures used.

  2. The packaging of Goods may deviate from that shown in images on the Website/App.

SECTION 12 EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

BestSecret provides links to third-party sites on its Website and declares that it does not have any influence on the design or content of linked sites. BestSecret therefore explicitly distances itself from the content of all third-party sites. BestSecret does not take ownership of the content of linked sites. This declaration applies to all links on the Website/App and to the content of all sites which the links refer to.

SECTION 13 COPYRIGHT

The Member is only permitted to use any copyright-protected material which BestSecret uses and represents on the Website/App for private purposes. The Member may not use copyright-protected third-party material which BestSecret uses to represent its Goods for his own purposes, where this goes beyond private use.

SECTION 14 ALTERNATIVE DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR) which you can find at www.ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have queries or problems, you are welcome to contact us directly.