Terms of service

1. scope of application

The following General Terms and Conditions ("GTC") apply to all orders placed via our online store by consumers and entrepreneurs. The version of the GTC valid at the time of conclusion of the contract and published on this page shall apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become an integral part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with

CityHelden GmbH
Josef-Gesing-Strasse 10
15234 Frankfurt (Oder)
Germany

Tel: +49 (0)335 66 595 24
Fax: +49 (0)335 66 595 29
E-Mail: info@my-buddyguard.de

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the virtual shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. You can also correct input errors by navigating backwards in the browser or by canceling the ordering process and starting again.
The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button ("ORDER FOR FREE"). The order can only be submitted and transmitted if you accept these terms and conditions by clicking on the appropriate box. Immediately after submitting the order, you will receive another confirmation by e-mail. In the e-mail we will send you the text of the contract (consisting of your order, GTC and order confirmation) ("contract confirmation").
If the delivery of the goods ordered by you is not possible, we reserve the right to withdraw from the contract. This does not apply if we are responsible for the unavailability. In the case of unavailability, we will inform you immediately and exercise the withdrawal immediately. We will immediately refund any consideration already received by you using the payment method you used.

3. contract language, contract text storage

The contract language is German.
We store the contract text and send it to you as part of the contract confirmation. We do not make the text of the contract accessible beyond this. You can view your past orders in your customer account, if you decide to create a customer account, which is not mandatory for the order. These orders will be deleted according to legal requirements.

4. right of withdrawal

If you are a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions, about which we provide information in our cancellation policy. There you will also find a sample withdrawal form that you can use, but do not have to.

5. delivery conditions, prices and shipping costs

If no or no deviating delivery time is specified for the respective goods in our online store, it shall be seven (7) working days for deliveries within Germany, fourteen (14) days for deliveries within the European Union and 30 days for deliveries to all other countries. It begins with the conclusion of the contract, provided payment of the purchase price.
All price quotations in our online store are gross prices including the statutory value added tax. Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.
We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

6. payment

In our store you can use the following payment methods:

Credit card
When you place your order, you also send us your credit card details.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
There are plus 0.00 euros as costs.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal: There are plus 0.00 euros as costs.
PayPal Express: There are plus 0.00 euros as costs.

PayPal Plus
As part of the payment service PayPal Plus, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal Plus, you must, in order to be able to pay the invoice amount, basically be registered with PayPal or register first and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
If you have chosen the payment method credit card at PayPal Plus, you do not have to be registered at PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further instructions during the ordering process.
If you choose a payment method via PayPal Plus, there will be an additional charge of 0,00 Euro.

SOFORT Überweisung
After placing your order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedure that is activated for participation in SOFORT Überweisung, you must legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited.
There are plus 0.00 euros as costs.

7. reservation of proprietary rights

The goods remain our property until full payment.

8. transport damages
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

10. quality, warranty and guarantees

We do not sell medical devices in the online store in the sense of Article 2 No. 1 Medical Devices Regulation (EU) 2017/745.

The condition of the ordered products results in each case from the product descriptions in the online store. The colors in the images of the products may differ from the actual colors of the product for technical reasons.

We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions.

For consumers, the limitation period for legal claims for defects is two years from delivery of the goods.

For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

11. customer service / after-sales services

If you have any questions, complaints or claims, please contact us. You can reach our customer service at:
MyBuddyGuard App: support@my-buddyguard.de
MyBuddyGuard emergency call button: info@my-buddyguard.de

We do not provide after-sales services such as maintenance, servicing or repair services.

12. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations (cardinal obligations), liability for damage caused by us, our legal representatives or vicarious agents through slight negligence shall be limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Cardinal obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
Otherwise, claims for damages are excluded.

13. dispute resolution / consumer arbitration board

The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr/.

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence at the time of your order in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte. Revision and adaptation on CityHelden GmbH: Law Firm ( Ellen Seiring )

Status: May 2022