Terms of Service
§ 1 scope
The deliveries, services and offers of sober care GmbH (hereinafter sober or seller) are made exclusively on the basis of these general terms and conditions in the version valid at the time the contract was concluded. The seller does not recognize conflicting or deviating general terms and conditions and hereby expressly objects to them. Conflicting terms and conditions of the customer are only based on the contract if the seller expressly agrees to them in writing.
§ 2 conclusion of contract
2.1 All offers of goods presented by the seller on the Internet are subject to change and non-binding, including with regard to the prices. All prices mentioned include VAT and other price components plus postage.
2.2 The seller reserves the right to make any errors, printing errors, technical or color changes despite the greatest possible care.
2.3 Likewise, the seller assumes no liability for the accuracy of the manufacturer's information.
2.4 By ordering the goods, the buyer makes a binding declaration that he wants to purchase the goods ordered.
2.5 The contract is concluded when a confirmation of receipt of the order is sent.
2.6 Since some of the goods are natural, exclusive and limited in availability, the seller reserves the right to limit the delivery quantities for large orders or to deliver in several tranches or if there is excess demand for a good Distribution.
2.7 As a rule, all of the products we offer are in stock with us. However, delivery bottlenecks can occur due to rare raw materials and / or long transport routes. In these circumstances you will be notified immediately. If the seller recognizes this, he will inform the customer immediately and possibly reimburse payments already made.
2.8 Goods shipments outside of Germany can be delayed by customs formalities in the respective importing country. The purchaser of the goods is responsible for customs clearance of the goods.
§ 3 cancellation policy and cost bearing agreement
If you as a buyer are a consumer, the following cancellation policy applies. The cancellation policy also only applies to products that were purchased via soberberlin.com and not in a shop or from an online retailer.
Withdrawal
You can cancel the contract in writing within 14 days without giving reasons (e.g. letter, fax, email) or - if the seller is given the item before the deadline - by returning the item. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and not before fulfilling our obligations according to § 312 e Paragraph 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation and / or return of the goods must be sent to the following address and must be registered in advance at you@soberberlin.com.
sober care GmbH
Poplar avenue 78/79
10437 Berlin
consequences of Withdrawal
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
In the event of an effective revocation, the services received on both sides must be returned and any benefits drawn (e.g. interest) surrendered. If you cannot return the received performance to us in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a shop, for example. In addition, you can no longer have to pay compensation for any deterioration caused by the intended use of the item by not using the item as your property and refraining from doing anything that could impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to the ordered (i.e. we have not sent the wrong product) and if the price of the returned item does not exceed an amount of EUR 80.00 or if you have a higher price Item at the time of the revocation has not yet rendered the consideration or a contractually agreed partial payment. Otherwise the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
The right of withdrawal does not exist for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, for delivery of sealed goods that are for reasons of health protection or hygiene are not suitable for return if their seal was removed after delivery or if goods were delivered if they were inseparably mixed with other goods after delivery due to their nature.
§ 4 data protection
4.1 All data protection regulations can be found in the separate data protection declaration.
§ 5 payment and remuneration
5.1 The seller reserves the right to exclude individual payment methods from the buyer. This applies in particular to first-time orders or orders with buyers whose creditworthiness is not guaranteed.
5.2 The customer has the right to choose between the following payment methods, subject to the restriction in section 5.1:
Apple Pay
paypal
Credit card
5.3 If the customer is in default of payment, we are entitled to charge default interest at a rate of 5% above the current base rate announced by the European Central Bank. However, the customer reserves the right to prove that no or less damage has occurred.
5.4 If there is a non-payment (e.g. return debit, insufficient cover or unpaid invoice), the customer has to pay for all costs that arise as a result. In this case, we will consult a debt collection agency or lawyer and reserve the right to file criminal charges in serious cases or in the event of intent.
5.5 sober reserves the right to limit the payment to the customer with payment methods of our choice or not to offer the customer payment with all offered payment methods.
5.6 In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options for Germany. Payment is made to Klarna:
• Klarna invoice: When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the invoice conditions here.
• Klarna installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the cash register.
For more information on hire purchase including general terms and conditions and standard European consumer credit information, click here.
• Instant bank transfer
• Credit card (Visa / Mastercard / AmericanExpress)
• direct debit
The payment options are offered as part of Klarna Checkout. Further information and Klarna's terms of use can be found here for Germany.
General information on Klarna is available here.
Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 6 retention of title
The delivered goods remain the property of sober until full payment has been made.
§ 7 delivery, dispatch and transfer of risk
7.1 If available, the goods will be dispatched by the seller as soon as possible. If an item is not in stock at the seller, it will deliver as soon as possible within the scope of availability. Every delivery is subject to the condition that the seller himself is supplied on time and properly.
7.2 Delivery dates or deadlines that are bindingly agreed must be in writing.
7.3 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like lead to a reasonable extension of the delivery time. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
7.4 If not all ordered items are in stock, the seller is entitled to make partial deliveries at his own expense, provided that this is reasonable for the buyer.
7.5 For consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer when the goods are dispatched when the goods are handed over.
7.6 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, or in the case of mail order purchases when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
§ 8 warranty
The guarantee is based on the statutory provisions.
§ 9 Limitation of liability and exemption
9.1 In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs in the event of slightly negligent violation of insignificant contractual obligations.
9.2 The above limitations of liability do not affect the customer's claims arising from product liability. Furthermore, the liability restrictions do not apply to physical and health damage attributable to us or if the customer's life is lost.
9.3 As far as we enable access to other websites with links, we are not responsible for the external content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will block access to these pages immediately.
9.4 The customer therefore indemnifies itself from all disadvantages that may arise for us from third parties due to damaging actions of the customer - regardless of whether intentional or negligent.
§ 10 data protection
All personal data are treated confidentially in accordance with the provisions on data protection. Further information can be called up and viewed by the buyer on the seller's website (www.soberberlin.com).
§ 11 place of jurisdiction
If the buyer is a merchant in the sense of commercial law, a legal entity under public law or a special fund under public law, the registered office of the seller is the agreed place of jurisdiction. The same applies if the buyer does not have a general place of jurisdiction or place of residence in Germany or if the usual place of residence is not known at the time the action is brought.
§ 12 final provisions
12.1 The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
12.2 Complaints can be made at the address given in our legal notice.
12.3 Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
