General Terms and Conditions of Bethge Treuleben GmbH


As of: June 2023



Section 1 General

(1) These contractual terms apply to the conclusion of purchase contracts for the goods offered in the online catalogue with private individuals. If you wish to place an order with us as a commercial trader, we kindly ask you to contact us separately.

(2) The contracting party for all orders placed within the scope of the online offering www.bethge.store is Bethge Treuleben GmbH, represented by the managing directors Max Stöcker, Axel Stürken, Max Stürken, Hohe Bleichen 21, 20354 Hamburg, Germany, hereinafter referred to as the “Provider”.

(3) All deliveries by the Provider to the customer shall be made exclusively on the basis of the following General Terms and Conditions in the version current at the time of the order. They form the basis of all offers and agreements between the Provider and the customer and shall be deemed accepted for the duration of the entire business relationship. Conflicting or deviating terms and conditions of the purchaser shall only be binding if the Provider has expressly acknowledged them in writing.


Section 2 Conclusion of Contract

(1) The goods and prices shown in the online shop are only invitations for the customer to submit an offer to conclude a purchase contract and do not constitute legally binding offers of the Provider. The online shop is available in German.

(2) The products selected by the customer are collected in the shopping cart. After entering the shipping information and selecting the payment method, the customer submits a legally binding offer to conclude a purchase contract with respect to the goods contained in the shopping cart by clicking the “buy now” button. Before finally submitting the order, the customer has the opportunity on an overview page to check the accuracy of their entries and, if necessary, to correct them.

(3) The Provider will then send the customer an automatic confirmation of receipt by email. The confirmation of receipt does not constitute acceptance of the offer, but merely serves to inform the customer that their order has been successfully received by the Provider via data transmission. The risk of an order being transmitted in an incorrect manner that cannot be clarified lies with the customer.

(4) A contract is only concluded when the Provider dispatches the ordered product to the customer and confirms dispatch to the customer with a second email (dispatch confirmation).

(5) The conclusion of the contract is subject to timely and complete self-supply by upstream suppliers. This reservation does not apply in the event of short-term delivery disruptions or if the Provider is responsible for the failure to deliver, in particular if the Provider fails to conclude a congruent hedging transaction in due time. The customer will be informed immediately of the unavailability of performance. The Provider will notify the customer of any delivery delays. In the event of an expected delivery delay, the customer has the right to revoke their binding offer. If the customer has provided the consideration, it will be refunded.


Section 3 Purchase Price

(1) The prices stated on the online shop’s website at the time of the order apply for the conclusion of the purchase contract. Despite our best efforts, individual prices may be incorrect in exceptional cases. If a price indication is incorrect in an individual case, the Provider will point this out immediately. The customer then has the option to decide whether they wish to adhere to their order or revoke the offer.

(2) All prices are gross sales prices stated in euros. They include the VAT currently applicable in Germany in the amount of 19 percent of the net value of the goods. The purchase price is due immediately without deduction.

(3) In addition to the stated purchase prices, shipping costs pursuant to Section 4 apply and are shown separately in the order overview.


Section 4 Delivery / Shipping

(1) Delivery is carried out by a shipping service provider selected by the Provider. The customer must bear a flat-rate shipping charge, which depends on the order value, the order quantity, the shipping method (standard shipping or express shipping) and the place of delivery. Current shipping prices can be viewed on our website. The specific shipping prices incurred are listed in the order overview.

(2) For orders within Germany, the Provider charges a flat-rate shipping fee of EUR 6.95 for orders up to an order value of EUR 150.00, and a delivery time of three to five business days from receipt of payment applies. For selected items such as greeting cards or refills, we charge reduced shipping costs of EUR 4.95. The flat-rate shipping fee does not apply if the order value exceeds EUR 150.00.

(3) The delivery time to other countries (list of possible destination countries) cannot be determined by the Provider in a binding manner due to various factors. After receiving information from the shipping service provider, the customer will be informed of the expected delivery time. The Provider will communicate the expected delivery costs during the ordering process and/or these can be viewed without obligation via the URL https://www.bethge.store/versandkosten.


Section 5 Minimum Order Value

There is no minimum order value within Germany.
For orders from abroad, the minimum order value is EUR 100.00.


Section 6 Payment Terms

(1) Payment shall be made, at the customer’s choice, by credit card, PayPal, on account (only for existing customers) or by advance payment. The Provider reserves the right to restrict the available payment methods from which a customer may choose depending on the order value, shipping region or other objective criteria.

(2) In the event of payment by credit card, the customer hereby expressly consents to the credit card account being charged immediately upon receipt of the order.

(3) If the payment method selected by the customer cannot be carried out despite performance in accordance with the contract by the Provider, in particular because the customer’s credit card cannot be charged due to incorrect or incomplete information, the customer shall reimburse the Provider or the third party commissioned by the Provider with the processing for any additional costs incurred as a result.

(4) The payment system is secured in accordance with the highest security standards. All information regarding bank and credit card details as well as account data is fully protected. The security of transactions is guaranteed by the SSL standard (Secure Socket Layer). Your credit card data are entered in a separate payment window that transmits your data with 128-bit encryption. The information regarding the credit card used or the account data is forwarded directly to the bank without reaching the Provider’s servers. Payment is processed via our partner Saferpay.

(5) Payment of the purchase price is due at the latest upon delivery of the goods. If the due date for payment is determined by the calendar, the customer shall be in default by merely missing the deadline.

(6) The Provider is entitled to use the services of trusted payment service providers for processing payments. In this case, payment shall only be deemed made vis-à-vis the Provider once the amount has been made available to the payment service provider in accordance with the contract such that the provider can dispose of it without restriction. When paying via such an external payment service provider such as PayPal or sofortueberweisung.de, the customer must comply with the conditions of the respective service provider.


Section 7 Retention of Title

The Provider retains title to the goods sold until payment of the purchase price. Title to the goods sold is transferred only upon full payment of the purchase price (“retention of title”).


Section 8 Information on the Right of Withdrawal

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform the Provider by notice to


Bethge Treuleben GmbH
Hohe Bleichen 21
20354 Hamburg
Germany
Email: online-service [@] bethge.store

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from the contract. You may use the online withdrawal form in electronic form on our website for this purpose. You may also download the model withdrawal form here from the website and return it by email or fax. If you make use of this option, the Provider will immediately (e.g. by email) send you a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Consequences of withdrawal:

If you withdraw from the contract, the Provider shall reimburse you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the Provider receives notice of your withdrawal from this contract. For this reimbursement, the Provider will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. The Provider may refuse reimbursement until the Provider has received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You must send back or hand over the goods without undue delay and in any event no later than fourteen days from the day on which you inform the Provider of the withdrawal from this contract, to


Bethge Logistics
Am Spakenberg 45
21502 Geesthacht
Germany
Email: online-service [@] bethge.store

The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the direct costs of returning the goods for returns within Germany. You shall only be liable for any diminished value of the goods if such diminished value is due to handling of the goods not necessary to check the nature, characteristics and functioning of the goods. Goods that cannot be sent as a parcel will be collected from you. End of the information on the right of withdrawal.

Special notes: Pursuant to Section 312g(2) sentence 1 no. 1 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the supply of goods which are made to the customer’s specifications or clearly tailored to the customer’s personal needs.


Section 9 30-Day Return Guarantee

In addition to the statutory 14-day right of withdrawal, we also offer you a voluntary return guarantee for a further 16 days, i.e. we accept any return shipment to the return address stated above within 30 days after purchase.


Section 10 Returns

We kindly ask you to package the goods sufficiently for transport – ideally as you received them. Your shipment includes a label for convenient addressing of the return. Returns are free of charge for you within Germany. To facilitate the processing of your return, please also complete the return slip and include it with the shipment. Please inform us in the event of a return at +49(0)40/3070-0 or by email to online-service@bethge.store. Alternatively, Bethge Treuleben GmbH will have the goods collected from you. Please note that the procedure described in this section is not a prerequisite for the effective exercise of the right of withdrawal.


Please send your return to the following address:

Bethge Logistics
Am Spakenberg 45
21502 Geesthacht
Germany

Section 11 Warranty

The customer’s rights due to defects in the goods delivered by the Provider shall be governed by the statutory provisions. Accordingly, if the statutory requirements are met, the customer shall in particular be entitled to supplementary performance, reduction or withdrawal.


Section 12 Liability

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

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

(3) Otherwise, the Provider’s liability shall be governed by the statutory provisions, unless otherwise stipulated in these General Terms and Conditions. Liability under the German Product Liability Act remains unaffected by the above provisions.

(4) Insofar as the Provider’s liability is excluded or limited in these General Terms and Conditions, this shall also apply to the personal liability for damages of the Provider’s employees, staff members, representatives and vicarious agents.


Section 13 Data Protection

Information on data protection can be found at: https://www.bethge.store/datenschutz/


Section 14 Vouchers

(1) Vouchers are generally redeemable for goods. Cash payments are excluded.


Section 15 Personalisation

Please note the following special conditions that apply to personalised items that have been produced according to your specifications or individually for you on the basis of selection options such as custom-made products, inscriptions or designs (e.g. engravings, embossing, printing, stamps, monograms). For such personalised products and special orders, the Provider is not obliged to accept a return or offer an exchange. Even in the event of dislike (within the scope of tolerable deviations) of these ordered items, they must be paid for in full by the purchaser; there is no statutory right of exchange in this respect.


Section 16 Final Provisions

(1) Place of performance and place of jurisdiction for all deliveries is Hamburg, insofar as legally permissible.

(2) The contract in accordance with these General Terms and Conditions shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and has their habitual residence abroad, mandatory provisions of that state remain unaffected.

(3) Should individual provisions of these General Terms and Conditions be wholly or partially invalid or conflict with statutory provisions, this shall not affect the validity of the remainder of the contract.