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GENERAL TERMS AND CONDITIONS

(last amended on 27/09/2018)

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.

  2. 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. Its VAT ID number is GB 193 0411 29. BestSecret is a fully-owned subsidiary of Schustermann & Borenstein GmbH.

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

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

  5. BestSecret is entitled to amend these General Terms and Conditions in accordance with Section 20.

  6. 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.

  7. 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. BestSecret runs an online shop on the Website and the App.

  2. Only Members can access this online shop.

  3. The first requirement for getting Membership is a recommendation. The applicant must then register and agree to the General Terms and Conditions (hereinafter “Membership Application”).

  4. Only persons who are fully legally competent may become Members.

  5. You can only register online.

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

  7. BestSecret is not obliged to accept new Members.

  8. Membership is non-transferable.

  9. Membership is free.

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

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

  12. 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 service@bestsecret.co.uk.

  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.

SECTION 5 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, unless he used purchase on account. If the Member has chosen to pay by purchase on account, the purchase contract comes into being when he receives the confirmation of dispatch. In such cases, the confirmation email following the order simply confirms that BestSecret has received the order.

  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. Should the price information on the Website/App be inaccurate, BestSecret will inform the Member of this immediately by email in accordance with Section 6 (4) and will not carry out the purchase. If the Member has already paid the purchase price, BestSecret will reimburse the amount in full.

  7. Goods are only sold in normal household quantities.

  8. 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.

  4. We make every effort to ensure that the prices shown reflect the correct price when the Website/App is updated. Our Website/App does, however, contain a large quantity of different Goods, such that price information for some Goods may be inaccurate in spite of our best efforts. If we discover such a price display error for an ordered good, we will inform the Member of this and give him the option of either buying the good at the correct price or cancelling the order. BestSecret will not carry out the process until it receives an instruction from the Member. If it is not possible to contact the Member within an appropriate period, BestSecret will cancel the order.

SECTION 7 PAYMENT

  1. The purchase price may be paid by credit card, PayPal, purchase on account 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. 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 or PayPal, BestSecret will debit the purchase price after it receives the order.

  3. If the Member is paying by purchase on account, the payment will be processed in collaboration with an external payment partner. BestSecret’s claim for payment against the Member will be assigned to the external payment partner, such that payment may only be made with discharging effect to the payment partner. The invoice amount will fall due to the payment partner on the day named in the invoice. The data protection notice and additional terms and conditions of the payment partner therefore also apply. By choosing this payment method, the Member declares his agreement with his application. The payment method purchase on account is not available for all offers and requires among other things a successful credit check by the payment partner. By choosing the payment method purchase on account, the Member consents to the disclosure of his personal and order data to the payment partner for the purposes of credit and identity checks as well as processing the contract. You can find more detailed information on this in our privacy policy and the associated information obligations.

  4. Payment with vouchers is subject to the voucher conditions set out in Section 8.

SECTION 8 VOUCHERS

The following provisions apply to BestSecret vouchers.

  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. Vouchers cannot be combined.

    4. Each voucher may only be used once.

    5. Vouchers cannot be paid out in cash.

    6. Vouchers cannot be redeemed for purchases made on account.

    7. BestSecret accepts no liability for loss, theft, destruction or delayed transmission (e.g. due to technical difficulties) of vouchers.

    8. 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.

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

  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.

  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.

  4. Customer service

    If you have any complaints or questions please contact our customer service team (service@bestsecret.co.uk).

SECTION 9 DELIVERY, CLICK & COLLECT SERVICE

  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 15 (5).

SECTION 10 RETENTION OF TITLE

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

Cancellation policy

Right of cancellation

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

The cancellation 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 cancellation, 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: service@bestsecret.co.uk

of your decision to cancel this agreement by means of a clear statement to this effect (e.g. by letter, fax, or email). You may use the attached sample cancellation form, although this is not mandatory.

To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right to cancel before the cancellation deadline.

Consequences of cancellation

If you cancel 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), immediately and at the latest within fourteen days from the day when we receive your notification of cancellation 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 cancellation form

(If you wish to cancel 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: service@bestsecret.co.uk

- 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 12 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

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

SECTION 13 WARRANTY

  1. Statutory warranty rights apply. BestSecret’s liability for compensation is limited in accordance with Section 15.

  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 14 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 15 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 an important contractual obligation or an important pre-contractual obligation. Important 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 important 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 16 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 17 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 18 VIP CLUB

  1. All BestSecret Members are entitled to participate in the “VIP Club” incentive programme.

  2. Recommendations can only be made to potential new BestSecret customers. It is not possible to make recommendations to existing registered customers or to customers already rejected by BestSecret.

  3. A person counts as recommended if he registers as a BestSecret customer directly following a recommendation using the links provided. It is not possible to recommend a person more than once.

  4. Commission is 5% of the net turnover from the recommended person (purchase price excluding VAT under the conditions set out in Section 18) during the commission period set out in Section 18 (5). Commission is only available for orders which the recommended person permanently retains and pays in full, and only after this condition is met. If the recommended person does not retain anything from his order, no commission will be paid out. If the recommended person uses discount vouchers for a purchase, no commission will be paid out.

  5. The commission period when the recommending person receives commission for the recommending person’s purchases is 365 days from the date when the recommended person registers as a BestSecret customer.

  6. The commission account will only be updated if the commission periods of at least two recommended persons overlap and they have carried out at least one valid order in the overlap period (see Clause 4).

  7. The recommending person can dispose over his commission account, including his initial credit balance, as soon as the commission account (see Clause 6) has been updated and the recommending person has achieved at least bronze status.

  8. The commission credit balance cannot be paid out in cash. The commission account can only be used for BestSecret orders. The commission credit balance cannot be redeemed for purchases made on account.

  9. Spamming or sending recommendations to persons who do not want a BestSecret recommendation is explicitly prohibited. The consent of the person who is to receive the recommendation must be sought in advance.

  10. BestSecret reserves the right to block the commission account, demand reimbursement of paid commission and take further legal action in the event of breaches of these conditions or grossly negligent or intentional actions or abuse of any kind.

  11. BestSecret explicitly reserves the right to terminate the incentive programme at any time without giving reasons, or to exclude persons from the incentive programme for good reason. If the incentive programme is terminated, commission which has already been earned will remain valid, subject to statutory limitation periods.

SECTION 19 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.

SECTION 20 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. Each purchase is subject to the current General Terms and Conditions at the time of the order.

  2. BestSecret will determine the date of any revision of these General Terms and Conditions at the start of the General Terms and Conditions. Where possible and necessary, BestSecret will inform Members of significant amendments to texts which these General Terms and Conditions refer to. BestSecret will inform Members via the Website/App or by email.

SECTION 21 PLACE OF JURISDICTION

Munich is agreed as the sole place of jurisdiction for all legal disputes, including claims in tort, in the course of business with businesspersons and legal entities under public law.

SECTION 22 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 23 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. 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 24 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 25 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: service@bestsecret.co.uk.

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.