www.TheBeyondStore.com (in the following ‚TheBeyond Store website‘).
The following General Terms and Conditions ('Terms') apply to the use of TheBeyond.Store website made available according to these Terms and govern sales processes in conjunction with the use of the services provided by TheBeyond.Store.
1. Scope of Application, Definitions
1.1. For the sale of products between Memberkeys GmbH, Thalkirchner Str. 65, 80337 Munich, Germany (hereinafter "THE BEYOND STORE") and the customer (hereinafter "Customer"), the following General Terms and Conditions shall apply in addition to the General Terms and Conditions of Sale, which can be viewed here [link], in the version valid at the time of the order. Any deviating general terms and conditions of the Customer shall not be recognized unless THE BEYOND STORE expressly agrees to their applicability in writing.
1.2. The Customer shall be deemed to be a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to the Customer's commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or self-employed professional activity.
2. Conclusion of Contract
2.1. The Customer may select products, in particular exclusive handbags, from THE BEYOND STORE's product range and collect them in a so-called shopping cart by clicking on the button "add to cart". By clicking on the button "order with obligation to pay", the Customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
2.2. THE BEYOND STORE will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by THE BEYOND STORE and does not constitute an acceptance of the application. The contract shall only be concluded upon THE BEYOND STORE's submission of the declaration of acceptance, which shall be sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC, cancellation policy and order confirmation) shall be sent by us to the Customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection.
3. Delivery, availability of goods, product description
3.1. Delivery times stated by us are calculated from the time of our order confirmation, prior payment of the purchase price provided. If no or no deviating delivery time is specified for the respective goods in our online store, it shall be three working days.
3.2. If no copies of the product selected by the Customer are available at the time of the Customer's order, THE BEYOND STORE will inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, THE BEYOND STORE shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.
3.3. If the product designated by the Customer in the order is only temporarily unavailable, THE BEYOND STORE shall also notify the Customer thereof without delay in the order confirmation.
3.4. The following delivery restrictions apply: THE BEYOND STORE will only deliver to customers who have their habitual residence (billing address) in Germany and can provide a delivery address in the same country.
3.5. Photographs and images as well as the item description within the scope of the product presentation are for illustration purposes and may differ from the delivery. In particular, it is pointed out that the colors in illustrations may be different than this is actually the case under room or daylight. Insofar as products are illustrated by images, these may also represent other items (e.g. accessories, decoration) in addition to the products offered. Such items are not part of the rental and are not part of the order. Decisive for the quality of the offered products is in any case only the product description.
4. Retention of title
Until full payment has been received, the delivered goods remain the property of THE BEYOND STORE.
5. Prices and shipping costs
5.1. All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.
5.2. [The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From a goods order value of [___] EUR, the provider delivers to the customer free of shipping costs].
5.3. The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
5.4. The customer has to bear the direct costs of the return in case of a revocation.
6. Payment modalities
6.1. The customer can make payment by [debit card, credit card (VISA, Mastercard), Apple Pay or Paypal].
6.2. The customer can change the payment method stored in his user account at any time.
6.3. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears for the year at the rate of 5 percentage points above the prime rate.
6.4. The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.
7. Warranty for material defects, guarantee
7.1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular § § 434 et seq. BGB. Towards entrepreneurs the warranty period for goods delivered by the provider is 12 months.
7.2. An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
8.1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, 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, his legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
8.2. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
8.3. The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
8.4. The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
9. Right of withdrawal
9.1. Consumers are generally entitled to a right of withdrawal.
9.2. Further information on the right of revocation can be found in the revocation policy of THE BEYOND STORE.
9.3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10. Final provisions
10.1. Contract language is German.
10.2. All disputes arising in connection with the initiation, execution or settlement of the contractual relationship between the Customer and THE BEYOND STORE shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3. Any agreements supplementing or amending these GTC must be made in writing in order to be effective.
10.4. Should individual provisions of these GTC be invalid in whole or in part, the remainder of these GTC shall remain valid.
10.5. Online dispute resolution pursuant to Article 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS platform). This can be reached at http://ec.europa.eu/consumers/odr/. MEMBERKEYS is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is generally not willing to do so.
10.6. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the registered office of the Provider.