Terms and Conditions (T&C)
The following Terms and Conditions (T&C) govern the sale of products by Aurodia UG (haftungsbeschränkt)Saarbrücker Str. 13, 10405 Berlin, Germany,
E-mail: info@beeva.digitstone.tech,
hereinafter referred to as the “Provider”,
via the online shop at beeva.digitstone.tech .
§ 1 Scope of Application
(1) These T&C apply to all contracts concluded between the Provider and its customers via the online shop at beeva.digitstone.tech. Customers within the meaning of these T&C include both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB. A prerequisite for concluding a contract is that the customer has reached the age of 18. (2) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The contract is concluded with the Provider: Aurodia UG (haftungsbeschränkt), Saarbrücker Str. 13, 10405 Berlin.
(2) The contractual and negotiation language is German.
(3) The offers are directed exclusively at customers with a delivery address within the EU.
(4) The customer must be at least 18 years old.
(5) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the button “place order with obligation to pay” at the end. Receipt of the order is confirmed by an automatic e-mail, which does not yet constitute acceptance of the offer. The purchase contract is only concluded through an explicit order confirmation by e-mail or by dispatch of the goods.
(6) Orders that exceed customary household quantities require the express consent of the Provider. This applies both to the number of products ordered within one order and to the placing of multiple orders of the same product.
(7) The order data will be stored after conclusion of the contract and can be viewed in the customer login.
(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by e-mail or in the customer account.
§ 3 Right of Withdrawal
(1) Withdrawal Policy for the Customer
The customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last goods.
To exercise the right of withdrawal, the customer must inform the Provider, Aurodia UG (haftungsbeschränkt), Saarbrücker Str. 13, 10405 Berlin, by means of a clear statement (e.g. a letter sent by post or an e-mail) of the decision to withdraw from the contract.
To meet the withdrawal deadline, it is sufficient that the customer sends the notification of exercising the right of withdrawal before the withdrawal period expires.
(2) Consequences of Withdrawal
If the customer withdraws from the contract, the provider shall refund all payments received from the customer for the purchased products, excluding delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the provider), without undue delay and no later than fourteen days from the day on which the provider receives notification of the withdrawal from this contract. For this refund, the provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this refund. The provider may withhold the refund until it has received the returned goods or until the customer has provided proof that the goods have been sent back, whichever occurs first.
The customer must return or hand over the goods without undue delay and in any event no later than fourteen days from the day on which the customer informed the provider of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.
The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
If the customer wishes to withdraw from the contract, they may complete and return this form:
Aurodia UG (haftungsbeschränkt), Saarbrücker Str. 13, 10405 Berlin
I/we hereby withdraw from the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only if notification is on paper):
________________________________
§ 4 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 for which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiration date would be exceeded quickly. Furthermore, goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery are excluded from the right of withdrawal. In addition, the right of withdrawal does not apply to goods which, after delivery, have been inseparably mixed with other goods due to their nature. Finally, goods in sealed packaging whose seal has been removed after delivery are also excluded from the right of withdrawal.
§ 5 Prices and Shipping Costs
(1) All prices include the applicable statutory value-added tax.
(2) The prices stated are exclusive of the applicable shipping costs, unless expressly stated otherwise. The amount of the shipping costs as well as information on shipping methods and delivery times are displayed to the customer during the ordering process and can be viewed on the website under “Shipping Information”.
(3) It may occur that products in the online shop are mistakenly labeled with an incorrect price. In such a case, the Provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the Provider will charge the lower amount and ship the product.
(4) The prices stated at the time of the order apply.
§ 6 Payment Terms
(1) Payment of the purchase price is due upon conclusion of the contract. The customer may pay the purchase price using the payment methods specified in the online shop.
(2) PayPal: After completing the order, the customer is redirected to PayPal, where the payment can be initiated. Shipping takes place after confirmation of payment receipt.
(3) Advance payment: If advance payment is selected, the purchase price must be transferred to the account specified by the Provider before the goods are shipped. Shipping takes place after receipt of payment.
(4) Credit card: The customer enters their credit card details during the ordering process. The debit takes place after shipment of the goods.
(5) Klarna: If Klarna is selected, payment processing is carried out via the payment service provider Klarna in accordance with its terms of use. Klarna’s payment and contractual terms apply.
(6) Invoices are sent exclusively in electronic form by e-mail or via the customer account.
(7) Upon shipment of the goods, the invoice is sent by e-mail.
(8) If the customer is in default of payment or a chargeback occurs, the Provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).
(9) Payment by sending cash or checks is not possible.
§ 7 Retention of Title
(1) The delivered goods remain the property of the Provider until full payment of the purchase price.
(2) During the retention of title, the customer is obliged to handle the goods with care. In particular, they must carry out all necessary maintenance and inspection work at their own expense in due time.
(3) The customer must immediately notify the Provider in writing if the goods are seized or exposed to other interventions by third parties, so that the Provider can file a claim pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the Provider for the judicial and extrajudicial costs of such proceedings, the customer shall be liable for the resulting loss incurred by the Provider.
§ 8 Delivery, Cancellation and Shipping
(1) Die Lieferzeit beträgt, sofern nicht anders beim Angebot angegeben, innerhalb Deutschland in der Regel 2 bis 5 Werktage und innerhalb der EU 5 bis 10 Werktage. Der Anbieter ist bemüht, die angegebenen Lieferzeiten einzuhalten. Angaben zu Lieferzeiten sind unverbindliche Richtwerte, sofern sie nicht ausdrücklich als verbindlich bezeichnet sind. Sollten Lieferfristen nicht eingehalten werden können, wird der Kunde unverzüglich informiert.
(2) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Information on product availability can be found on the Provider’s website. All information regarding availability, shipping, or delivery times is non-binding unless expressly marked as binding.
marked.
3) If it is determined during order processing that the ordered products are not available, the customer will be informed immediately by e-mail. The customer’s statutory rights remain unaffected.
(4) Delivery takes place depending on the payment method selected by the customer. In the case of advance payment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after conclusion of the contract.
(5) If the order is shipped in several packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each shipping confirmation with regard to the products listed therein.
(6) The customer may cancel the order free of charge until the goods are shipped. After shipment, cancellation is only possible in accordance with the provisions on the right of withdrawal.
(7) Partial deliveries are generally not permitted.
(8) If delivery of the goods fails due to the customer’s fault, the Provider reserves the right to withdraw from the contract. Payments already made will be refunded to the customer without delay.
(9) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider’s supplier fails to meet its contractual obligations, the Provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and payments already made will be refunded.
(10) If delivery of the ordered products is delayed or rendered impossible due to force majeure or other unforeseeable, extraordinary, and unavoidable circumstances—such as natural disasters, war, strikes, or governmental measures—the delivery periods shall be extended appropriately. The Provider will inform the customer immediately of the unavailability. In such cases, the Provider is entitled to withdraw from the contract. The customer will be informed immediately, and payments already made will be refunded.
(11) The Provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure).
§ 9 Transport Damage
(1) If the customer receives goods with obvious transport damage, they are requested to complain about such defects immediately to the carrier and contact the Provider without delay.
(2) Failure to lodge a complaint or make contact has no consequences for the customer’s statutory warranty rights. However, it helps the Provider to assert its own claims against the carrier or transport insurance.
§ 10 Warranty
(1) Warranty for private customers If the customer is a consumer, the warranty is governed by statutory provisions. Consumers in the EU have, in addition to their 30-day return guarantee, a statutory warranty right of two years from delivery of the goods. (1.2) Exclusion for opened hygiene products For products that are not suitable for return for reasons of health protection or hygiene, the warranty expires if the packaging has been opened after delivery, unless there is a demonstrable defect. (1.3) Notification of defects The customer is obliged to notify the Provider of obvious defects without delay, at the latest within seven days after receipt of the goods.
(2) Used goods
For used goods, the warranty period may be shorter than two years. The Provider is only liable for defects that already existed at the time of handover of the goods.
§ 11 Liability
(1) If the customer is a consumer, liability is governed by statutory provisions.
(2) The Provider’s liability for breaches of contractual obligations and in tort is limited to intent and gross negligence. This limitation of liability does not apply in cases of injury to life, body, or health, in cases of claims due to the breach of essential contractual obligations (cardinal obligations), and in cases of compensation for damages caused by delay pursuant to Section 286 BGB. In these cases, the Provider is liable for any degree of fault.
(3) In the event of slight negligence in the breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
(4) The aforementioned exclusion of liability also applies to slight negligent breaches of duty by the Provider’s legal representatives or vicarious agents.
(5) The Provider assumes no responsibility for the content and accuracy of information in customers’ registration and profile data or other content generated by customers.
(6) Claims for damages are limited to the foreseeable damage typical of the contract. In the event of default, the maximum liability amounts to 5% of the order value.
(7) Claims for damages arising from injury to life, body, or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor gained knowledge of the circumstances giving rise to the claim and the identity of the debtor or should have gained such knowledge without gross negligence (Section 199 (1) BGB).
(8) The Provider is entitled to check texts created by customers and uploaded files for compliance with statutory provisions and legal regulations. In the event of violations, the Provider reserves the right to remove such content in whole or in part.
(9) Liability under the Product Liability Act remains unaffected.
§ 12 Data Protection
(1) The collection and processing of personal data are carried out in accordance with applicable data protection regulations. The Provider undertakes to treat customer data confidentially and not to disclose it to third parties unless the customer has expressly consented or there is a legal obligation to do so.
(2) The customer has the right to obtain information about the data stored about them at any time free of charge and to request correction, deletion, or restriction of processing.
(3) Further information on data protection can be found in the Provider’s privacy policy.
§ 13 Set-off and Right of Retention
(1) The customer is only entitled to set-off if their counterclaim has been legally established or is undisputed by the Provider.
(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 14 User Account
(1) The customer is obliged to provide complete and truthful information when registering and creating a user account. The customer must keep their access data (username and password) secure and protect them from access by third parties. The Provider is not liable for damages resulting from misuse of access data unless the Provider is responsible for such misuse.
(2) The customer is obliged to update changes to their personal data, in particular contact and payment details, immediately in the user account. The customer is responsible for all activities carried out under their user account unless they are not responsible for misuse of the account.
(3) The Provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these T&C, or if the customer has provided incorrect information during registration. The customer may request deletion of their user account at any time. The Provider will delete the user account and all associated data immediately unless statutory retention obligations prevent this. After deletion, the customer may only create a new user account by re-registering.
(4) The Provider endeavors to ensure high availability of the user account. Temporary restrictions or interruptions due to technical maintenance or unforeseeable events (e.g. force majeure) cannot be ruled out. The Provider is not liable for damages caused by temporary unavailability of the user account unless the Provider is responsible for such unavailability.
(5) The Provider reserves the right to change, expand, or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer by e-mail at least four weeks before they take effect. If the customer does not object to the changes within four weeks after receipt of the notification, the changes shall be deemed accepted. The Provider will expressly inform the customer of this legal consequence in the notification.
§ 15 Amendments to the T&C
(1) The Provider reserves the right to amend these T&C at any time with effect for the future.
(2) The amendments will be communicated to the customer by e-mail at least four weeks before they take effect.
(3) If the customer does not object to the amendments within four weeks after receipt of the notification, the amendments shall be deemed accepted. The Provider will expressly inform the customer of this legal consequence in the notification.
§ 16 Force Majeure
(1) Events of force majeure that significantly hinder or make delivery impossible for the Provider entitle the Provider to postpone delivery for the duration of the impediment or to withdraw from the contract in whole or in part with respect to the unfulfilled portion.
(2) Force majeure includes all events beyond the Provider’s control whose occurrence was not foreseeable at the time of contract conclusion, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions for which the Provider is not responsible.
§ 17 Transfer of Contract
(1) The Provider is entitled to transfer its rights and obligations arising from this contractual relationship, in whole or in part, to a third party with a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect.
§ 18 Governing Law and Place of Jurisdiction
(1) All legal relationships between the Provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office.
§ 19 Online Dispute Resolution and Participation in Arbitration Proceedings
The European Commission provides a platform for online dispute resolution (ODR), which is accessible at https://www.ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Nevertheless, the Provider always endeavors to resolve any disagreements arising from a contract amicably.
§ 20 Final Provisions
(1) The contract language is German.
(2) The Provider does not offer products or services for purchase by minors. Products for children may only be purchased by adults. Persons under 18 years of age may only use the website with the involvement of a parent or legal guardian.
(3) Should individual provisions of these T&C be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely correspond to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision.
(4) Amendments or supplements to these T&C must be made in writing. This also applies to the waiver of this written form requirement.
(5) The Provider reserves the right to make changes to the website, regulations, conditions, including these T&C, at any time. The sales conditions, contractual conditions, and T&C in force at the time of the order shall apply to each order unless a change to these conditions is required by law or by official order (in which case they shall also apply to orders placed previously).
(6) There are no verbal side agreements. Amendments or supplements to this agreement must be made in writing.