Terms and Conditions
1. General Information
1.1. These General Terms and Conditions (“GTC”) apply to the use of the ecommerce site TopStrengthener.com (www.topstrengthener.com), an ecommerce site provided by the Barlize UG (limited liability), Kemperplatz 1, 10785 Berlin, (“Top Strengthener”, “we”, “us”) so that Top Strengthener offers products from supplying vendors (“Vendors”) of all kinds that can be categorized as gift articles (“Products”) and customers may buy them (the “Ecommerce site”).
1.2. Top Strengthener provides the ecommerce site that allows the customer (“Customer”) to buy the Products from Top Strengthener supplied by the supplying vendors (Hereinafter the supplying vendor and the customer will jointly be referred to as “user”, “you”, “them”).
1.3. These GTC apply to users with regard to the facilitation services provided. Changes to these GTC will be notified to the users by Top Strengthener in text form. Unless an objection by a user reaches Top Strengthener within a month after receipt of the changed GTC, the changes will be considered approved. Top Strengthener will emphasize this consequence to the users when notifying them of the changes. The timely dispatch of the objection is sufficient to meet the deadline.
1.4. The current version of the GTC can be viewed, printed or downloaded to a suitable data medium as a pdf document under www.topstrengthener.com.
2. Login and Registration
2.1. In order to use the ecommerce site you must register as a user and accept these GTC. Supplying vendors must also conclude the Vendor Agreement with Top Strengthener. After successful registration, Top Strengthener will set up and activate a Top Strengthener account for the user.
2.2. Users that are older than 18 years of age and reside in Germany may register for our ecommerce site. There is no right of use to the ecommerce site. Purchase transactions can only be carried out by registered users.
2.3. The registration, set-up and activation of the Top Strengthener account as well as the use of the ecommerce site are free of charge for customers.
2.4. The user has a duty to provide complete and accurate data and information for registration purposes.
2.5. The customer shall immediately update the data and information given during registration of the Top Strengthener account if it changes (e.g. due to move, change in email address).
2.6. Only the registered user may use the Top Strengthener account.
The user has a duty to take due care in keeping the password for the Top Strengthener account safe and access to the Top Strengthener account secure and shall ensure that unauthorized third parties do not gain knowledge of the password. The user is obligated to keep the password secret and immediately change the password if he/she suspects that unauthorized third parties have gained knowledge of it. The user shall inform Top Strengthener immediately if there are any indications that the Top Strengthener account has been misused by a third party. If further misuse is to be feared, the user must issue a stop notice Top Strengthener to block the account (“stop notice”), either in writing to firstname.lastname@example.org or in text form to email@example.com. The user is liable to Top Strengthener for damages incurred by not observing the above duties.
2.7. The user is liable for all actions that are taken using his/her Top Strengthener account including abusive use by others unless he/she is not responsible for the misuse and/or has not breached his/her duty of care.
2.8. The user is forbidden from using the ecommerce site in an illegal or abusive fashion, or in a way that would constitute a breach of contract, e.g. by compromising or disrupting the functionality of the ecommerce site (infringing on the system integrity), by transferring the Top Strengthener account to third parties or by providing access to the Top Strengthener account to unauthorized third parties.
3.1. The customer may use the ecommerce site as outlined in these GTC to conclude purchase agreements regarding the articles.
3.2. Top Strengthener can make the use of the ecommerce site or individual functions and services on the ecommerce site subject to requirements such as, for example, the verification of the registration information, the duration of membership, the type of ratings and payment history.
3.4. The customers can rate the ecommerce site after a transaction has been completed. The customers can also rate the contents published by other customers in terms of helpfulness, relevance and value. The information provided using the rating system must be truthful and must stay within the statutory limits.
4. Conclusion of an Agreement Between Customer and Vendor
4.1. By listing an article on the ecommerce site Top Strengthener initially only makes a noncommittal request for purchase offers to the customers regarding the specific article at the stated purchase or total price. The customer initiates the purchase transaction by selecting the article, providing the necessary information to order the product and the divergent shipping address, if applicable, and, in a third step, selects one of the payment methods provided (see the following Ziffer [item] III § [section] 5). Subsequently, all information will be shown in a summary. The customer can verify that all input is correct and, if necessary or desired, make changes. Only after the customer has ordered the article(s) in a next step by clicking “binding order”, has a binding offer to conclude a purchase agreement for the articles in the shopping cart been made.
4.2. The customer then receives an email from Top Strengthener confirming the receipt of the article order (order confirmation). The order confirmation merely notifies the customer of the fact that the article order has been received by Top Strengthener. It does not constitute acceptance of the offer to conclude a purchase agreement made by the customer. A contract between the customer and Top Strengthener regarding the purchase of an article will only be considered concluded when the customer receives another email from Top Strengthener which confirms that the article in question has been shipped (shipping confirmation), at the latest when the article has been shipped.
4.3. Top Strengthener sells all goods in normal household quantities only. This applies to the number of articles sold in a single order as well as several orders of the same article which each comprise a normal household quantity.
4.4. The customer can print the order information directly after ordering or view it in the order confirmation received after each order.
5. Payment Procedure
5.1. To pay for the articles listed by Top Strengthener on the ecommerce site the customer may choose between the methods of payment admitted on the ecommerce site (e.g. certain credit cards, direct debit, or collect-on-delivery).
5.2. Payments are processed on behalf and at the direction of Top Strengthener.
5.3. Regardless of the purchase price for the ordered article, Top Strengthener is entitled to charge additional shipping costs for each order. These costs will be itemized separately by the Top Strengthener.
5.4. If the customer chooses “collect-on-delivery” as a method of payment, additional collect-on-delivery charges will apply per Top Strengthener in the amount displayed on the ecommerce site when “collect-on-delivery” is chosen. Payment will be collected by the delivery service employed. Also, an acceptance fee will be charged for collect-on-delivery, to be collected by the delivery agent.
5.5. In each case, after placing the order or together with the delivery, the customer shall receive an invoice for the article(s) purchased on the ecommerce site.
6. Blocking the Top Strengthener Account
6.1. We will block the Top Strengthener account if asked to do so by the user, especially if we receive a stop notice.
6.2. We are also entitled to block the Top Strengthener account in case of
- grounds for an extraordinary termination,
- an unusually high number of returns,
- the Top Strengthener account is being used or is in danger of being used in an unauthorized, illegal, contrary to contract manner or otherwise misused, e.g. by compromising or disrupting the functionality of the ecommerce site (infringing on the system integrity), by transferring the Top Strengthener account to third parties or by providing access to the Top Strengthener account to unauthorized third parties, or
In case of particularly serious violations, the account may be blocked without first issuing a warning to the user.
7. Right of Withdrawal
7.1. If you as a customer are a consumer (i.e. a natural person concluding a legal transaction for purposes not predominately attributed to a commercial or self-employed occupational activity), you have a statutory right of withdrawal regarding the agreement concluded with Top Strengthener of which we inform you as follows.
Instruction Regarding the Right of Withdrawal
Right of Withdrawal
The customer has the right to withdraw from the contract with the vendor Top Strengthener within fourteen days without having to provide grounds.
The period for withdrawal is fourteen days from the day on which the customer or a third party who is named by the customer (not the carrier) has taken possession of the final article of goods which was subject of the contract.To exercise the right of withdrawal, the customer must inform the vendor Top Strengthener of the decision to withdraw from the contract with the vendor Top Strengthener by making a clear statement to this effect (e.g. by sending a letter in the mail, by fax or by email). The customer can, but is not required to, use the attached model withdrawal statement for this purpose.To meet the deadline, it is sufficient for the customer to dispatch the notice of exercise of the right of withdrawal before the withdrawal period expires.The customer must send the item(s) back in their original packaging.Consequences of WithdrawalIf the customer withdraws from the contract with the vendor Top Strengthener, the vendor Top Strengthener must refund all payments received from the customer including the costs of delivery (with the exception of any additional costs incurred because the customer chose a different method of delivery from the standard, most economical method of delivery offered by the vendor Top Strengthener) immediately, at the latest within fourteen days after having received notice of withdrawal from the contract. The refund shall be made using the same means of payment that the customer used in the original transaction unless the vendor Top Strengthener and customer explicitly agree on another means of refund; in no case resulting in additional charges for the customer. The vendor Top Strengthener can withhold the refund until the goods have been returned or the customer has proved that they have been sent back, whichever comes first.
The customer shall hand or send the goods back to the vendor Top Strengthener immediately, at the latest within fourteen days from the day on which the customer notifies the vendor Top Strengthener of the withdrawal from the contract. To meet the deadline, it is sufficient for the customer to dispatch the goods before the fourteen-day period expires.
The customer bears the direct costs of returning the goods. The customer must pay compensation for a loss of value of the goods only if the loss of value is the result of unnecessary handling (i.e. not necessary to examine the quality, features and functionality of the goods).
7.2. The above right of withdrawal does not apply to contracts concerning
7.2.1 the delivery of goods that are not prefabricated and whose fabrication depends on an individual selection or determination by the customer, or that are obviously tailored to the personal requirements of the customer;
7.2.2 the delivery of goods that spoil quickly or whose expiry date is quickly exceeded.
7.3. The above right of withdrawal lapses for contracts concerning
7.3.1. the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken;
7.3.2. the delivery of goods that, due to their nature, cannot be separated from other goods that they were mixed with after delivery;
7.3.3. the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
8. Duration of the Agreement and Termination
8.1. The agreement between the user and Top Strengthener begins when the Top Strengthener account is activated and continues indefinitely.
8.2. Each party to the agreement is entitled to terminate the contractual relationship at any time in writing with a two-week prior notice period. The Top Strengthener account will be deleted as soon as any and all orders and/or claims against the user are settled.
8.3. The right to terminate the agreement without notice for good cause remains unaffected.
9. Intellectual Property and Permitted Use of the Ecommerce site
9.1. All elements of the ecommerce site, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions (hereinafter “contents”) are our property or the property of the respective supplying vendor or licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property.
9.2. You can use the ecommerce site and its contents, e.g. by saving, printing or showing others as long as this use is in direct connection with the purpose of the ecommerce site, particularly the arrangement and performance of transactions.
9.3. Any other kind of use and/or reproduction of the contents without our explicit prior consent is a violation of the applicable law and prohibited under these GTC.
9.4. The use of automated systems or software to extract data from the ecommerce site, especially for commercial purposes, is prohibited.
10. Availability / System Failure
10.1. Insofar as technically possible and economically reasonable, we strive to make the ecommerce site available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services (“maintenance”). In such cases Top Strengthener will take the customers’ legitimate interests into account, e.g. by informing them ahead of time.
The User’s Claim to Use
10.2. If an unanticipated system failure impairs the use of the ecommerce site, the conclusion of contracts or other features of the ecommerce site, the user will be informed in a suitable and appropriate manner.
11. Data Protection
12.1. We are liable to you for expenses and damages (hereinafter in item 12 “damages”) in the following cases according to the statutory requirements: in cases of liability according to the German Product Liability Act – Produkthaftungsgesetz; in cases of intent or deliberate deception; in cases of gross negligence; for injuries to life, limb or health; if we have given a gurantee; as well as all other cases of compulsory statutory liability.
12.2. According to the statutory requirements, we are also liable to you for damages in case of a culpable violation of a so-called “cardinal duty”. Cardinal duties in this sense are all duties that would endanger the fulfillment of the purpose of the agreement if violated as well as all duties which must be complied with to make the proper performance of the agreement possible at all and in whose observance one can usually trust. If the violation of a cardinal duty was caused by slight negligence and did not lead to injury of life, limb or health, your claim for damages is limited to the damage incurred in a typical, forseeable case.
12.3. Beyond that, any claims for damages by the user against Top Strengthener, whatever the legal basis, especially for material defects, legal defects and/or a breach of other duties in the obligatory relationship or the pre-contractual obligatory relationship (e.g. in terms of section 311(2) German Civil Code – Bürgerliches Gesetzbuch (hereinafter “BGB”)) by us, our legal representatives, employees or agents as well as arising from section 311 a BGB or tortious actions, are precluded.
12.4. Insofar as our liability is limited or precluded according to the provisions above, this also applies to the personal liability of our legal representatives, employees and agents.
12.5. Any liability privileges prescribed by law, e.g. pursuant to sections 8-11 German Telemedia Act (TMG), remain unaffected.
12.6. The user is responsible for regularly and adequately securing his data in accordance with technical standards. In case Top Strengthener is responsible for a loss of data, Top Strengthener is only liable for the costs of (i) reproducing the data using the back ups which are to be made by the user and (ii) restoring data that would have been lost even if a proper back up had been made.
12.7. Claims for damages by the users against Top Strengthener are limited by the statutory limitation periods which begin as set forth by law.
13. Third Party Contents
13.1. Insofar as the ecommerce site contains links and references to third parties, especially other websites, we have no influence on the current and future design and contents of the linked webpages and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.
14.1. If you are unsatisfied with our services or have other comments or feedback, please contact us at firstname.lastname@example.org.
14.2. The laws of the Federal Republic of Germany apply to these GTC with the exception of (i) the conflict of laws rules of private international law and (ii) the United Nations Convention on the International Sales of Goods (CISG).
14.3. Should individual provisions in these GTC be or become invalid, the validity of the remaining provisions will remain unaffected. The parties obligate themselves to agree on a valid substitute provision that comes as close as possible to the invalid provision in terms of content or purpose. The same applies to contractual gaps.
14.4. The governing language for these GTC is German. This English translation of the original German document is provided for the reader’s convenience only. In case of discrepancies in word or meaning between this translation and the German wording of these GTC, the German version shall prevail.