Terms of service

General Terms and Conditions and Consumer Information

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between FLBE Health GmbH, Melchiorstraße 2, 68167 Mannheim, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the website www.bedrop.de of the provider. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

(3) The contract language is German. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by the provider, the order data, the legally required information for distance selling contracts and the general terms and conditions are sent to the customer again by e-mail.

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the provider's website.

§ 3 Formation of the contract

(1 ) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". The customer can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting the order, the customer has the option of checking all details again, changing them (also using the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the "Buy now" button, the customer submits a binding offer to the provider.
The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3 ) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to the customer (order confirmation).
If the customer has not received a corresponding message within this period, he is no longer bound by his order. In this case, any services already rendered will be refunded immediately.

(4 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. The customer must therefore ensure that the e-mail address provided by him to the provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Special provisions for subscription contracts (economy subscription)

(1) Subscription contracts are contracts for the regular delivery of goods at an interval chosen by the customer (e.g. every 4 weeks).

(2) The contract for a subscription is concluded for an indefinite period.

(3) Termination: The customer may terminate the subscription contract at any time without observing a notice period. Termination will result in no further deliveries and payments being triggered. Orders that have already been triggered and paid for will still be executed. Cancellation can be made via the customer account in the online store or by sending a message in text form (e.g. e-mail) to the provider.

(4) The provider reserves the right to adjust the prices for future deliveries in the subscription. Price changes will be communicated to the customer by e-mail in good time before the next delivery. In this case, the customer has the right to terminate the subscription extraordinarily.

§ 5 Prices, shipping costs

(1 ) The prices quoted in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes.

If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.

(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page, are shown separately during the ordering process and are to be borne by the customer in addition, unless delivery free of shipping costs has been agreed.

(3) The customer shall receive an invoice with VAT shown.

§ 6 Terms of payment and shipping

(1) The terms and conditions for payment and shipping can be found under the button of the same name in the navigation bar.

(2) Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. In the case of subscription contracts, subsequent payments shall be debited automatically before the next delivery is dispatched using the means of payment provided by the customer.

(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.

If the customer is an entrepreneur, delivery and shipment shall be at the customer's risk.

§ 7 Return costs when exercising the right of withdrawal

You shall bear the direct costs of returning the goods.

§ 8 Right of retention, retention of title

(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain the property of the supplier until the purchase price has been paid in full.

(3) If the customer is an entrepreneur, the following also applies:

(a) The supplier retains title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to the supplier accepting the assignment all claims in the amount of the invoice amount arising from the resale. The customer is further authorized to collect the claim. However, if he does not meet his payment obligations properly, the supplier reserves the right to collect the claim himself.

c) If the reserved goods are combined and mixed, the supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) The supplier undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realizable value of the securities of the supplier exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the supplier.

§ 9 Warranty

(1) The statutory provisions shall apply.

(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer fails to do so, this shall have no effect on the statutory warranty claims.

(3) If the customer is an entrepreneur, the following shall apply in deviation from para. 1:

a)Only the supplier's own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

c) In the event of defects, the supplier shall, at his discretion, provide warranty by repair or replacement. If the rectification of defects fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the provider does not have to bear the increased costs incurred by the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the supplier resulting from injury to life, body or health and grossly negligent or intentionally caused damage or fraudulent intent on the part of the supplier, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.

§ 10 Liability

(1) The provider shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase, damages under the Product Liability Act and in all other cases regulated by law.

(2) If essential contractual obligations are affected, the liability of the supplier is limited to the foreseeable damage typical for the contract in the case of slight negligence. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4 ) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 11 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of the provider, provided that the customer is not a consumer, but a merchant, a legal entity under public law or a special fund under public law; the same applies if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 12 Alternative dispute resolution

Alternative dispute resolution in accordance with § 36 VSBG: Consumers have the option of contacting the General Consumer Arbitration Board of the Center for Arbitration e. V., Straßburger Str. 8, Kehl, 77694 Germany , https://www.verbraucher-schlichter.de/ for the settlement of their disputes. We are generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Transmission of data to Trusted Shops GmbH, purchase protection, submission of reviews and publication of reviews

(1) By completing a purchase, you give us the order within the meaning of § 662 BGB to transmit your personal data to Trusted Shops SE, Colonius Carré, Subbelrather Straße 15c, 50823 Cologne, Germany ("Trusted Shops") to secure your online purchase and to request a rating. The transmitted data includes in particular your name, your e-mail address, the order number and details of the products or services purchased.

(2) Trusted Shops uses your data to secure your purchase, to request a rating and to check the quality of our service. Further information on this can be found in the Trusted Shops privacy policy athttps://www.trustedshops.de.

(3) By submitting a rating to Trusted Shops, you also give us the order within the meaning of § 662 BGB to check whether your submitted rating, including all personal details contained therein (in particular first and last name and location), can be published on our website and made publicly visible, and in the case of a positive preliminary check, should be published independently and made publicly visible. You acknowledge that the published reviews and the personal data contained therein may also be read by search engines and published on external websites and social media platforms.