1. general

The General Terms and Conditions (hereinafter referred to as “GTC”) for website and mail order business are legally binding contractual content for business transactions between the

maBitec GmbH Represented by Ulrich Hees, Dr. Bettina Hees (Management) Hanseatenhof Kattrepelsbrücke 1 D-20095 Hamburg Germany Commercial register entry: HRB 140601 UST ID No. according to § 27a sales tax law DE252794665

and the customer, including its legal successors, within the scope of the maBitec GmbH website and shopping offer purity-brand.com. Customers according to § 1(1) are both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. In contrast, an entrepreneur is a natural person or legal entity or partnership with legal capacity that orders for commercial, self-employed or freelance purposes. All offers, agreements and deliveries of the company (Fa.) maBitec GmbH to the customer shall be made exclusively on the basis of the GTC’s stated here in the version valid at the time of the order. They shall be deemed accepted for the duration of the business relationship. The terms and conditions shall also apply to future transactions, in particular if they are subsequently made by telephone, in writing, by email or by fax. Any terms and conditions of purchase of the customer shall be ineffective, even if we do not expressly object to them.

The invalidity of individual contractual provisions shall not affect the validity of the contract. In the event of the invalidity of individual provisions, the statutory provisions shall take their place.

2. purchase contract

The purchase contract is concluded when the customer clicks on the command “Order subject to payment”. Fa. maBitec GmbH accepts the customer’s order by sending a confirmation with order or order number by email. An order can be cancelled by sending an email to with the order/contract number.

The goods and prices presented in the online store are only invitations to submit an offer for the conclusion of a purchase contract by the customer and are not legally binding offers by maBitec GmbH. Obvious errors, spelling and calculation errors within the website of maBitec GmbH entitle maBitec GmbH to withdraw from the contract.

This shall also apply in the event that the manufacturer of the ordered goods is foreseeably unable to deliver for a considerable period of time. In this case, the customer will be informed immediately about the unavailability of the service. Should this occur, the customer has the right to revoke his binding offer.

Short-term delays in delivery will be communicated to the customer. A revocation of the contract is possible here after personal consultation.

Furthermore, maBitec GmbH is entitled to withdraw from the contract if circumstances, also from earlier business transactions of the customer with maBitec GmbH, have occurred. maBitec GmbH, are or become known which, according to reasonable discretion, lead to the assumption that the customer will not fulfill his contractual obligations.

3. delivery

Delivery is made by a shipping service provider determined by maBitec GmbH ex warehouse to the delivery address specified by the customer. A flat rate shipping charge is to be paid by the customer. The currently valid shipping prices can be viewed on our website.

The goods will be shipped upon receipt of the order. The standard delivery time in Germany and Austria is between three to five working days. Specified delivery periods are non-binding. maBitec GmbH will make every effort to meet the delivery dates specified, provided that there are no disruptions in deliveries by suppliers or force majeure. Delivery possibilities remain reserved.

Partial deliveries are permissible.

The transfer of risk to the customer takes place as soon as the ordered goods have left the business premises of maBitec GmbH. This also applies to partial deliveries.

Claims for damages by the customer or revocation of the contract are excluded in all cases of delayed delivery, even after expiration of a grace period granted to maBitec GmbH. This is four weeks.

Unfree returns of delivered goods will only be accepted with our written consent.

4. purchase price, due date, payment and default

For the conclusion of the purchase contract, the prices indicated on the Internet pages of the online store at the time of the order shall apply. All end user prices are final prices, shown in euros and include value added tax (VAT). Retail prices are shown as net prices + VAT. There is a one-time postage and shipping charge per order.

For shipments to Switzerland, no VAT will be charged from our side. These and any customs duties must be paid by the customer directly to Swiss customs upon importation.

In the case of partial deliveries, the flat rate shall only apply once in each case. From an order value of EUR 50.00 the delivery is free of charge up to a weight of 2 kg. If a right of revocation exists and is exercised, the customer shall bear the costs of the return shipment.

The purchase price is due immediately and without deduction with the order. Immediately upon receipt of the invoice, the customer is obliged to pay or transfer the stated amount to the account indicated on the invoice. After expiry of the payment deadline, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting with claims of the customer is excluded, unless these are undisputed or legally established. In addition, there is the possibility of financing on request.

The customer can pay the purchase price by invoice on delivery, direct debit, credit card, advance payment or immediate payment. Other payment methods are not offered and will be rejected. If the customer is in default, maBitec GmbH may charge a flat reminder fee of EUR 11,00. Furthermore, maBitec GmbH reserves the right to charge the customer for all reminder and collection costs incurred. In the event of default, maBitec GmbH is entitled to charge a minimum of 4% interest above the respective secondary market yield of German bonds.

5. notices of defects and liability for defects

Notification of defects must be given to maBitec GmbH immediately after arrival of the goods at the place of destination.

In the event of a justified complaint, maBitec GmbH shall be entitled to choose the

right to replacement delivery or rectification of defects.

Reduction or withdrawal from the purchase contract shall only be permissible if it is impossible for Fa. maBitec GmbH to remedy the defect within a reasonable period of time, or if Fa. maBitec GmbH is not prepared to remedy the defect within a reasonable period of time, or if other circumstances prevent a replacement delivery or remedy of the defect. In this case, the customer has the choice between reduction and withdrawal.

Fa. maBitec GmbH is liable for intent or gross negligence, beyond that there are no further claims, especially no claims for damages due to direct and indirect damages as well as consequential damages.

Mandatory provisions of the Product Liability Act shall remain unaffected.

Insofar as the liability of maBitec GmbH is excluded or limited, this applies accordingly to the personal liability of employees, representatives and vicarious agents.

6. arbitration

As of February 15, 2016, the EU Commission will provide a platform for online dispute resolution. This gives consumers the opportunity to initially resolve disputes related to your online order without going to court. The platform is available at http://ec.europa.eu/consumers/odr/ accessible.

7. retention of title

The delivered goods remain the property of maBitec GmbH until full payment of all claims to which maBitec GmbH is entitled against the customer. In the event of even partial default of payment, maBitec GmbH is entitled to collect the goods without the consent of the buyer/customer. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. Resale of the goods is only permitted with reference to the reservation of title and with advance assignment of the resale price.

8. data protection

In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by maBitec GmbH. We strictly comply with the legal provisions of the Data Protection Act (DSG 2000) and the Telecommunications Act (TKG 2003) when collecting, using and processing personal data. The Provider shall not disclose any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance. If a third party is used for services in connection with the handling of processing operations, the provisions of the Data Protection Act shall be complied with. The data provided by the customer by way of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the execution of the contract and only for the purpose for which the customer has provided the data. The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution commissioned with the payment. If the provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years. During the visit to the Internet store of the provider, anonymized data that do not allow and do not intend to draw conclusions about personal data, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer may contact: maBitec GmbH, Hanseatenhof, Kattrepelsbrücke 1, D-20095 Hamburg/Germany, phone +49 (0)40 4689604 0, .

9 Applicable law, place of performance and jurisdiction

The contract shall be drawn up in German. The further execution of the contractual relationship shall be in German. The contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance for all obligations arising from the contractual relationship shall be D-20095 Hamburg, Hanseatenhof, Kattrepelsbrücke 1, Germany. The place of jurisdiction for all legal disputes arising from or in connection with this contract as well as for all subsequent contracts shall be the competent court of Hamburg, excluding any other place of jurisdiction. The GTC’s are available on the Internet at purity-brand.com.

10. copyright:

The complete design of our website, as well as the layout including all graphics, images, texts and source codes are subject to the copyright of maBitec GmbH. We would like to point out that some of the images contained on the websites are subject to the copyright of third parties.

ALL RIGHTS RESERVED.

Copying or reproduction, including printing on paper, of the entire Internet pages or parts thereof are permitted exclusively for the purpose of placing an order with maBitec GmbH. Any other use of these Internet pages or parts of the content – including redistribution, reproduction, modification and publication for a purpose other than that stated above – is prohibited. Exceptions apply only with prior written consent of the company. maBitec GmbH.

In particular, it is not permitted to adopt, translate, reproduce, store on microfilm, in electronic systems or other websites, or modify in any way graphics, sound documents, video sequences and texts or parts thereof for commercial purposes without express consent. Downloading or printing individual pages for private use is permitted. The link collections are also subject to copyright protection.

Links from other websites to this website are permitted and encouraged. The prerequisite is to switch completely to the website of purity-brand.com including its frames. The display of contents of these websites or parts thereof in external frames without recognizing the authorship is prohibited. All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.

References and links:

Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

In its decision of May 12, 1998, the Hamburg Regional Court ruled that the inclusion of a link may entail co-responsibility for the content of the linked page. According to the regional court, this can only be prevented by expressly distancing oneself from this content.

The company maBitec GmbH assumes no responsibility for all links on its pages and for the content of all pages to which the links lead. The company maBitec GmbH does not adopt the contents of these pages as its own. The operators of the linked pages are solely responsible for their content. The inclusion of links to other URLs is a service for the visitors of the Internet pages and can be revoked at any time. This does not create a legal right to retention.

The operator of this website expressly declares that he was not aware of any illegal content on the linked websites at the time the links were created. He does not adopt the external content as his own. In particular, the operator has no influence on the current and future design and content of the linked pages. The operator hereby expressly distances itself from any content of all linked pages that violates applicable law and that was changed after the link was created. This statement applies to all links and references set in our own Internet offer as well as to external entries in the guest books, discussion forums and mailing lists set up within the network. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of the information provided, only the provider of the linked page is liable.

11. cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day:

In the case of a purchase contract: on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In the event of a contract for several goods ordered by the consumer as part of a single order and delivered separately: on the date on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In the event of a contract for the delivery of goods in several partial shipments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

If several alternatives coincide, the last point in time is decisive.

In order to exercise your right of withdrawal, you must inform us (maBitec GmbH, Hanseatenhof, Kattrepelsbrücke 1, D-20095 Hamburg, Germany; ) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must return to you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to maBitec GmbH, Hanseatenhof, Kattrepelsbrücke 1, D-20095 Hamburg, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be exceeded or to contracts 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 which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(end of the cancellation policy)

12. disclaimer

The Fa. maBitec GmbH reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against maBitec GmbH regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. This also applies to the representative and vicarious agents of maBitec GmbH, if the customer asserts claims for damages against them. Excluded are claims for damages after grossly negligent or intentional breach of duty by maBitec GmbH or its legal representative or vicarious agent.

Insofar as laws, standards, regulations, etc. are cited, the operator of this website assumes no responsibility for the accuracy or timeliness of the information. In cases of doubt, the original sources should be consulted.

All offers are subject to change and non-binding. The authors expressly reserve the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

All technical information found on this website is given by qualified professionals. However, they must not be regarded as a substitute for individual professional advice or treatment by trained and recognized professionals.

13. severability clause

The invalidity of any provision of these GTC shall not affect the validity of the other provisions.