General Terms and Conditions (GTC)

1. Scope and Definitions

1.1. These GTC apply to all orders placed via our online shop.

1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3. 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 their commercial or independent professional activity.

1.4. For entrepreneurs, these GTC shall also apply to future business relationships without the need for us to refer to them again. Conflicting or supplementary terms and conditions of the entrepreneur shall not become part of the contract unless we expressly agree to their validity in writing.

2. Contracting Parties and Conclusion of Contract

2.1. The purchase contract is concluded with

Building Brightmind GmbH, Johann-Klotz Str. 21, 60528 Frankfurt am Main, Germany (hereinafter referred to as the "Seller").

2.2. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.

2.3.Ordering process: You can place our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.

2.4.Conclusion of contract: By clicking the order button, you place a binding order for the goods contained in the shopping cart. When the contract is concluded depends on the chosen payment method:

• 2.4.1. Purchase on Invoice / Direct Debit: We accept the order by sending a declaration of acceptance in a separate email or by delivering the goods within five days.
  
• 2.4.2. Credit Card: You transmit your data when submitting the order. The contract is concluded when we accept the offer by debiting the card or initiating the transaction.
  
• 2.4.3. PayPal (Express/Plus): The contract is concluded at the time you confirm the payment instruction to PayPal.
  
• 2.4.4. Amazon Pay: The contract is concluded when you are prompted by Amazon to initiate the payment transaction.
  

3. Contract Language and Storage of Contract Text

3.1. The languages available for the conclusion of the contract are German and English.

3.2. We store the contract text and send you the order details as well as these GTC by email. For security reasons, the contract text is no longer accessible via the internet after the order has been completed.

4. Delivery Conditions and Prices

4.1. All prices are total prices including statutory VAT. Shipping costs may apply in addition and are displayed for each respective product.

4.2. We deliver exclusively by mail order. Self-collection of the goods is not possible.

4.3. Unless otherwise stated, delivery takes place within 5 working days after conclusion of the contract.

5. Payment and Assignment of Claims

5.1. Payment processing for credit card and direct debit is handled via the service provider Stripe.

5.2.Important note on assignment: If you choose the payment methods purchase on invoice, credit card, or SEPA direct debit, we assign our purchase price claim to our financing partner, XXX. In these cases, payments with a debt-discharging effect can only be made to Bank Frick AG or the designated payment service provider.

5.3.PayPal Plus: If you select "Purchase on Invoice via PayPal", we assign the claim to PayPal. In this case, you can only make payments with a debt-discharging effect to PayPal.

6. Retention of Title

6.1. The goods remain our property until full payment has been received.

6.2. The following applies additionally to entrepreneurs: You are entitled to resell the goods subject to retention of title in the ordinary course of business. You hereby assign to us all claims arising therefrom in the amount of the invoice value. We accept this assignment.

7. Transport Damage

7.1.For consumers: If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us. Failing to do so has no consequence for your statutory warranty rights, but it helps us to assert our own claims against the carrier.

7.2.For entrepreneurs: The risk of accidental loss passes to you as soon as we have handed the item over to the forwarder, carrier, or other person designated to carry out the shipment. Commercial entities are subject to the statutory inspection and notification obligations pursuant to Section 377 of the German Commercial Code (HGB).

8. Warranties and Guarantees

8.1. The statutory liability for defects applies unless expressly agreed otherwise.

8.2.Used goods (Consumers): Claims for defects are excluded if the defect only becomes apparent after the expiry of one year from delivery. Defects discovered within the first year may be asserted within the statutory limitation period.

8.3.Entrepreneurs: The limitation period for claims for defects in new goods is one year from the transfer of risk. The sale of used goods to entrepreneurs is excluded from any warranty. Only our own product descriptions are deemed agreed as the quality of the goods.

9. Liability

9.1. The Seller shall always have unlimited liability for claims based on damages caused by the Seller, its legal representatives, or vicarious agents:

• 9.1.1. in the event of injury to life, body, or health,
  
• 9.1.2. in the event of intentional or grossly negligent breach of duty,
  
• 9.1.3. in the event of guarantee promises, insofar as agreed, or
  
• 9.1.4. insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is triggered.
  

9.2. In the event of a breach of essential contractual duties—the fulfillment of which is a prerequisite for the proper execution of the contract and upon compliance with which the contractual partner regularly relies (cardinal obligations)—due to slight negligence by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the foreseeable damage typical for this type of contract at the time of conclusion.

9.3. Otherwise, claims for damages are excluded.

10. Dispute Resolution

10.1. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.10.2. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final Provisions

11.1. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the place of jurisdiction for all disputes arising from contractual relationships is our registered office.

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

• To: Building Brightmind GmbH, Johann-Klotz Str. 21, 60528 Frankfurt am Main, Germany (Email: info@buildingbrightmind.com)
  
• I/We hereby revoke the contract concluded by me/us for the purchase of the following goods (*):
  
• Ordered on ()/received on ():
  
• Name of consumer(s):
  
• Address of consumer(s):
  
• Signature of consumer(s) (only if communication is on paper):
  
• Date:

(*) Delete as appropriate)*