TERMS AND CONDITIONS FOR SALE
GENERAL TERMS & CONDITIONS
General terms and conditions of BESTSELLER HANDELS B.V. applicable to the sale of goods via the internet platform of BESTSELLER HANDELS B.V. to consumers with permanent or habitual residence or domicile in the Federal Republic of Germany.
The website is owned and operated by BESTSELLER HANDELS B.V., business registration number 59896604, Koivistokade 1c, 1013 AC Amsterdam, The Netherlands. All names, brands, trademarks and logos used on the website are the property of BESTSELLER A/S in Denmark or of its affiliated partners or companies. All names, brands, trademarks and logos are copyright protected and/or registered trademarks and may only be used with permission from BESTSELLER A/S or of the respective holder of such rights.
1. Area of application, definitions
1.1 These terms and conditions apply to all orders in the sense of § 13 BGB [Sec. 13 German Commercial Code] by consumers with permanent or habitual residence or domicile in the Federal Republic of Germany (hereinafter referred to as “customer”), placed in online shop (hereinafter referred to as “BESTSELLER online shop”) of BESTSELLER HANDELS B.V., Koivistokade 1c, 1013 AC Amsterdam, The Netherlands, Commercial Register Number 59896604 (hereinafter referred to as “BESTSELLER”).
We point out that site visitors are partly forwarded to the website www.aboutbestseller.com. This website is owned by BESTSELLER A/S, Denmark, and not by the online shop of BESTSELLER HANDELS B.V., Koivistokade 1c, 1013 AC Amsterdam, The Netherlands. These terms and conditions are furthermore applicable to customer orders via other BESTSELLER websites.
1.2 Customers shall be deemed consumers as far as the purpose of the goods and services ordered cannot be attributed to their commercial or independent professional activity. Any natural or legal person or incorporated partnership, on the other hand, shall be deemed an entrepreneur in the sense of § 14 BGB [Sec. 14 German Commercial Code] when exercising their commercial or independent professional activity at the time of conclusion of contract.
1.3 Entrepreneurs in the sense of § 14 BGB are subject to other terms and conditions. Entrepreneurs are not entitled to use the BESTSELLER online shop.
2. Conclusion of contract
2.1 The customer orders the goods offered by BESTSELLER on the internet via the internet platform shop.bestseller.com.
2.2 The customer order is deemed an offer made to BESTSELLER for the conclusion of a sales contract on the good(s) ordered on part of the customer. The sales contract between BESTSELLER and the customer shall only be formed upon notification of acceptance on part of BESTSELLER. Such notification on part of BESTSELLER can either be issued by providing an order confirmation or by delivering the ordered good(s). The mere confirmation of receipt of order does not represent a notification of acceptance on part of BESTSELLER. A final and binding agreement between the customer and
BESTSELLER is only formed upon receipt of BESTSELLER’s notification of acceptance on part of the customer.
BESTSELLER will issue an order confirmation to the customer via email, once the order has been accepted and dispatched. The order receipt received by customers immediately after placing the order shall not constitute an order confirmation.
Ship-From-Store
In certain situations, your order/part of your order can be fulfilled by a BESTSELLER retail store, (fully owned by the BESTSELLER Group), in case the goods are out of stock in the BESTSELLER online shop. In such case, the BESTSELLER retail store takes over the order/part of the order as direct seller instead of BESTSELLER. BESTSELLER bears all risks and is ultimately responsible relating to fulfillment of the complete order.
Fair use
BESTSELLER reserves the right to prevent persons from shopping via the BESTSELLER online shop in case of a high number of returns.
Moreover deactivation of customer accounts can also be triggered by suspected fraud.
3. Ordering process
Once you found the desired product, you can add it to the shopping cart by clicking the button “Add to shopping cart” with no obligation to purchase. Please note: Shopping cart contents are hereby not reserved for you.
You can check shopping cart contents at any time by clicking the button “To shopping cart” in the top right corner. Here you can also change the number of items or remove goods from the shopping cart by clicking the “Remove” button. Should you intend to purchase the product(s) in the shopping cart, please click on the “Proceed to checkout” button.
In the next step, you log in with your personal customer account details, should you already be registered with a customer account (My account). Should you not be registered with a customer account, you can order as a guest at any time, by clicking on “Order without registration”. Subsequently, you select your preferred shipping method, enter the necessary details and click on “Continue”. Should you wish to change the shipping method, please click on “Edit” next to the indicated delivery type/ship-to-address.
This step is followed by the payment details. Please provide your invoice details here, click on your preferred payment method and then on “Continue”. You then have the possibility to check your delivery, payment and order details (items selected). Should you wish to make changes, simply click on “Edit”.
You are required to read our general terms and conditions, data protection guidelines and, when paying with Klarna Rechnung, the invoice conditions. If you accept these terms, you can continue the purchase and click on “Place binding order”. The order process can be interrupted at any time by closing the respective browser window. When selecting payment by credit card, PayPal or Sofortüberweisung direct transfer, the order process involves transfer to an external payment provider where your payment details must be entered.
The order process is completed once a confirmation page detailing your order number and the order overview is displayed. The order receipt that you receive by email immediately after placing the order, does not constitute an order confirmation.
4. Prices and payment
4.1 The prices specified on the product pages contain the statutory value added tax as well as other price components and are quoted plus shipping costs as indicated. Shipping costs for delivery to the home address, Paketshop and Packstation delivery amount to € 3.95 per order (free-of-charge-shipment from an order value of € 50).
4.2 The price in the BESTSELLER online shop for the respective good(s) as specified on the day of the order shall apply. Quotations in the BESTSELLER online shop are made subject to possible display errors or mistakes. In case of display errors or mistakes, BESTSELLER reserves the right to reject orders or to contest them according to the applicable legal regulations on the acceptance of orders in individual cases.
4.3 BESTSELLER reserves the right to change prices, fees and/or other costs as specified in the BESTSELLER online shop at any time.
4.4 Since our bank account is registered in the Netherlands, some credit card companies might charge a small international usage fee in extremely rare cases. BESTSELLER cannot influence such practice. Should an order be rescinded, such fee is not refunded by BESTSELLER.
4.5. When ordering goods in the BESTSELLER online shop it is possible to use the following payment options:
• Credit and debit card (VISA, Mastercard, AMEX, Maestro) This payment method requires a valid credit or debit card. We reserve the right to check the validity of the card. The amount will be reserved on your card and will be debited after shipment of the goods.
• PayPal This payment method requires a PayPal account, which you will need to log into in the payment process. If you do not have a PayPal account, you can easily set one up for free on their website.
• BESTSELLER Gift Card You can pay for your order fully or partially with your BESTSELLER Gift Card. If the balance on your gift card exceeds the order amount, the balance on your gift card will adjusted accordingly.
• SOFORT This payment method is offered in cooperation with Sofort GmbH, which is part of Klarna Group. When choosing this payment method your account will be debited directly after placement of your order. When choosing this payment method you deal directly with Sofort. Please see Sofort’s Privacy Policy for more information. If you cannot accept the Privacy Policy, please choose another payment method.
• Klarna Invoice. This payment service is offered in cooperation with Klarna Bank AB. The payment period is 30 days from shipment of the goods. Klarna Invoice is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms can be found on klarna.com. When choosing this payment method you enter into an agreement with Klarna directly which is subject to Klarna’s Terms & Conditions for Klarna Invoice and Privacy Policy. If you cannot accept the Terms & Conditions and Privacy Policy, please choose another payment method.
All payments are subject to validation and authorisation by both the card issuer/payment provider and us, to maintain security and prevent fraud. We reserve the right to decline certain payment methods and/or refer to
a different payment method depending on the circumstances.
5. Delivery
5.1 Delivery times amount to 2 to 3 working days, unless otherwise specified on product pages or during the order process. Delivery time for Express Delivery is 1 to 2 working days.
5.2 All goods remain the property of BESTSELLER up to their complete payment.
5.3 Should all products not be available, BESTSELLER is entitled to partially deliver individual items at its own expense, as far as such practice is reasonable for the customer.
5.4 In case delivery of the goods to the customer fail due to circumstances for which the customer is at fault despite three attempts have been made, BESTSELLER can withdraw from the contract. Any payments made are then immediately refunded to the customer.
6. Return of goods
6.1 Should goods be returned due to withdrawal or justified withdrawal from the contract, damage and soiling of the good(s) are to be avoided. In such cases, please return the good(s) to BESTSELLER including all accessories and all packaging components in the original packaging as far as possible. If necessary, use protective secondary packaging. Should you no longer be in possession of the original packaging, please use suitable packaging providing sufficient protection from transport damages, to avoid claims for damage compensation due to defective packaging.
6.2 In case of return due to cancellation or justified withdrawal from the contract, you shall bear the return costs.
7. Right of withdrawal and cancellation policy
Right of withdrawal
BESTSELLER grants customers an extended right exceeding legal regulations to withdraw from this contract within 100 days without providing any reasons. However, we only refund delivery costs if you exercise your right to withdrawal from the contract within 14 days. For further information on refund of delivery costs please see below regarding “Consequences of Withdrawal”. The period of withdrawal is 100 days from the day you or a designated third party that is not the carrier and was assigned by you, took possession of the good(s).
In order to exercise your right of withdrawal, you must communicate to: BESTSELLER HANDELS B.V., c/o: E-commerce Customer Service Koivistokade 1c 1013 AC Amsterdam The Netherlands
Email: customerservice@bestseller.com
by means of an unambiguous statement (e.g. mailed letter, an email or a fax) your intent to withdraw from this contract. For this purpose, you can use the Model Withdrawal Form, which, however, is not mandatory. You can complete and electronically submit the Model Withdrawal Form via our web page or you can provide another unambiguous statement using the contact form on our web page, whereby this option is not obligatory.
Should you resort to this possibility, we will immediately provide (e.g. by email) a statement confirming the receipt of such withdrawal. In your request to withdraw from the contract, please state your name, address, telephone number, email address, order number and specify the goods you intend to return.
Should you return goods to us without a statement that you exercise your right of withdrawal, we will regard the return of goods as a withdrawal from the contract.
Submitting the statement on exercising the right of withdrawal prior to the expiration of the withdrawal period will be deemed sufficient to comply with the withdrawal period.
• Please be advised, that the address to which the unambiguous statement to withdraw from the contract must be sent, differs from the address for return of the products. The address for returning the products is listed below under “Consequences of withdrawal”.
• Consequences of withdrawal Should you withdraw from this contract within 14 days from the date when you receive the goods, we are under obligation to immediately reimburse you all payments we received from you, including delivery costs (with exception of additional costs resulting from the fact that you have chosen a different means of delivery than the less expensive type of standard delivery offered by us) and at the latest within 14 days after the date when we received your request to withdraw from this contract. If you exercise your right to withdraw from the contract between 15 and 100 days from the date when you received the goods, we will not provide any refund of delivery costs.
The reimbursement of your payments will be credited to your original method of payment unless you have explicitly accepted otherwise; in no case do we charge fees for this repayment.
We may withhold repayment until we have received the goods or until you have submitted documentation that the goods have been returned, depending on whichever option is the earlier. You are under obligation to immediately return or hand over the goods, in any case within 14 days at the latest from the day you informed us about the withdrawal from this contract to:
BESTSELLER Commerce Poland Sp. z o.o., ul. Prosta 40, 72-100 Łozienica, Poland.
You can find more information on how to return goods HERE.
Return is deemed in due time, if you ship the goods prior to expiry of the 14-days period. In case of return you shall bear the direct cost of returning the goods (postage/freight).
If you return the goods using our return label, you will be charged an amount of 1.99 EUR, which will be deducted from your refund. We charge the costs of returning per order returned to us. You are responsible for the return of the item(s).
Please note that in case of partial return you will not receive a refund of the delivery costs.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts:
• for the delivery of goods that are not prefabricated and where an individual selection or consumer input is relevant for their production or that are clearly tailored to the personal needs of the consumer,
• for the delivery of sealed goods, not suitable for a return due to health protection or hygiene reasons, if its sealing was removed after delivery,
• for the delivery of goods that due to their condition were inseparably mixed with other goods after delivery.
Some of our goods are sealed with a special tag. This tag does not prevent you from trying on the product, however, if the tag is removed, you might not be able to exercise your full return right.
8. Warranty
BESTSELLER is liable for material defects and incorrect deliveries in line with applicable statutory regulations. Please note: When purchasing gift vouchers in the official BESTSELLER online shop, you agree to the general terms and conditions applicable to gift vouchers.
9. Liability
9.1 Customer claims with regard to the payment of damages are excluded. Customer claims for damages from injury to life, body, health or from violation of major contractual obligations (cardinal obligations) as well as the liability for any other damage that might be based on an intentional or grossly negligent violation of obligations on part of BESTSELLER, its legal representatives or vicarious agents are excluded. Major contract obligations are such whose performance is necessary for attaining the purpose of the contract.
9.2 When violating major contract obligations BESTSELLER’s liability shall be limited solely to the predictable damage typical of the contract if negligently caused, unless customer claims for damages from an injury to life, body or health are concerned.
9.3 The restrictions of clauses 1 and 2 are also applicable in favour of the legal representatives and vicarious agents of BESTSELLER, should claims directly be asserted against them.
9.4 The provisions of the product liability act remain unaffected.
10. Applicable law
In case of controversies and disputes with regard to orders placed by consumers with permanent or habitual residence or domicile in the Federal Republic of Germany, the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) is exclusively applicable.
11. Procedure in the event of customer complaints
A complaint concerning an online purchase can be submitted via the European Online Dispute Resolution platform, which is available HERE.
12. Contractual text
The contractual text is stored on our internal systems. The general terms and conditions are available on this page at any time. Order details and the general terms and conditions are sent to you by email. After conclusion of the order, your order details are not directly accessible to you for safety reasons. We offer password-protected access (“My account”) to every customer, where upon registration you can check details on completed, open and recently dispatched orders and can manage and store your address details and email address.
Please read about how we process personal data in our Privacy Policy.
13. Log-in memory function (remain logged-in) with My account / Login
If you select this option, your email address and password are saved on your computer using cookies for login purposes. Everyone with access to this computer can log into your account using your email address. When using public and shared computers we advise against this option. The option can also be deactivated later. The help menu of most browsers outlines how to change these settings (Delete Cookies or Save/Delete form content).
14. Customer account deletion
Should you wish to have your customer account deleted, please contact our customer service.
15. Gift cards
Please note: When purchasing gift cards in the BESTSELLER online shop you accept the general terms & conditions for [GIFT CARDS][4].
Voucher codes or any other kind of discount can not be applied to a gift card purchase.
End of General Terms & Conditions for Sale.
[4]:
