Terms and Conditions (GTC)

I. General

§ 1 Basic Provisions

(1) The following general terms and conditions apply to contracts that you conclude with us as a provider (NEWBOTTLE GbR, Sabrina Friedl, Manuel Meindl, Julian Bauer GbR) via the website www.newbottle.de. The inclusion of your own conditions used by you is contradicted, unless otherwise agreed.

(2) For the purposes of the following regulation, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as a product is posted on our website, you are made a binding offer to conclude a contract for the online shopping cart system. This binding offer applies to the conditions specified in the respective item description.

(3) The contract for the online shopping cart system is concluded as follows:

The goods intended to be purchased by the buyer are placed in the "shopping cart". The "shopping cart" can be called up via the corresponding button in the navigation bar and changes can be made there at any time. After the personal data has been entered by calling up the "Checkout" page and the terms of payment and shipping have been accepted and selected, all order data will then be displayed in the order overview.

If you use an instant payment system (e.g. PayPal, credit card) as the payment method, you will either be forwarded to the order overview page in our online shop or to the website of the provider of the instant payment system. If you are forwarded to the respective website of the provider's instant payment system, make the appropriate selection or enter your data there. You will then be shown on the website of the provider of the instant payment system or If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

In the order overview, before submitting the order, you have the option of checking your details again, changing them (using the "Back" function in the Internet browser) or canceling the order. If the order is sent to us via the corresponding button ("order with obligation to pay" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Inquiries to prepare an offer are non-binding for you. Following an inquiry, we will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 working days (unless a different period is specified in the respective offer).

(5) The processing of the order as well as the transmission of all necessary information in connection with the conclusion of the contract takes place by e-mail, for the most part automatically. Due to this fact, you have to ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and the delivery is not prevented by a SPAM filter.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the goods subject to retention of title.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

• for culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;

• insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;

• in the case of things that have been used for a building in accordance with their normal use and have caused its defectiveness;

• in the case of legal recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.

II. Customer information

1. Identity of the seller

NEWBOTTLE GbR, Sabrina Friedl, Manuel Meindl, Julian Bauer GbR

Address: Thannberg 4

94469 Deggendorf

Phone: 01606307374

Email: newbottle.mailbox@gmail.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. Any costs incurred for transferring money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 02/27/2021

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III. Shipping and payment terms

1. Payment and shipping

The following conditions apply:

Delivery takes place in Germany (Germany) and in all EU countries (Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal , Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus), as well as in the Ver. Kingdom, Switzerland, Norway.

1.1. Shipping costs (including VAT)

Domestic deliveries (Germany):

We calculate the shipping costs at a flat rate of € 4.50 per order. The shipping costs are calculated as a flat rate per order, regardless of the number of products ordered. The shipping price is only valid for Germany without islands. The island surcharge is € 10.00 per shipment, so it is to be paid in addition to the shipping costs applicable in Germany (Germany).

Deliveries abroad:

We calculate the shipping costs abroad as follows:

• EU countries: € 15

• Switzerland: € 20.00

• Norway: € 20.00

• Ver. Kingdom: € 25.00

1.2. Delivery times

Unless otherwise specified in the respective offer, the delivery of the goods in Germany (Germany) takes place within 3 - 5 days, in the case of foreign deliveries within 5 - 7 days after the conclusion of the contract (with agreed advance payment after the time of your payment instruction).

Please note that there will be no deliveries on Sundays and public holidays. If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made a different agreement with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered

1.3. Accepted payment options

• Payment by PayPal

• Payment by invoice

• Credit card

• SEPA direct debit

More details on payment

The invoice amount must be settled within 14 days when paying on account.

If you have any questions, you will find our contact details in the imprint.

IV. Right of withdrawal

Right of withdrawal for consumers (a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.)

1. Cancellation policy

1.1. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day

• on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;

• on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;

• on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or pieces;

In order to exercise your right of withdrawal, you must contact us

NEWBOTTLE GbR, Sabrina Friedl, Manuel Meindl, Julian Bauer GbR

Thannberg 4

94469 Deggendorf

01606307374

Email: newbottle.mailbox@gmail.com

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

1.2. Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment for goods that can be sent as parcels until we have received these goods back or until you have provided evidence that you have sent these goods back, whichever is earlier.

We pick up the goods that cannot be sent as parcels.

You must return or hand over the goods that can be sent by parcel immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods that can be sent as parcels before the period of 14 days has expired.

You bear the direct costs of returning goods that can be shipped as parcels. We bear the costs of returning goods that cannot be sent by parcel post.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

1.3. Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts:

• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

• for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;

• for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

• for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts:

• for the delivery of sealed goods which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

• for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;

• for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

At:

NEWBOTTLE GbR, Sabrina Friedl, Manuel Meindl, Julian Bauer GbR

Thannberg 4

94469 Deggendorf

01606307374

newbottle.mailbox@gmail.com

• I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*).

• Ordered on (*) / received on (*)

• Name of the consumer (s)

• Address of the consumer (s)

• Signature of the consumer (s) (only when notified on paper)

• date

(*) Delete where inapplicable.

V. data protection

1. Data protection

Unless otherwise stated below, the provision of your personal data is neither required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide has no consequences. This only applies if no other information is given in the subsequent processing operations.

"Personal data" is all information that relates to an identified or identifiable natural person.

Server log files

You can visit our website without giving any personal information. Every time our website is accessed, usage data is transmitted to us or our web host / IT service provider via your internet browser and stored in log data (so-called server log files). These stored data include, for example, the name of the page called up, the date and time of the call, the IP address, the amount of data transferred and the requesting provider. The processing takes place on the basis of Art. 6 Paragraph 1 lit. f GDPR out of our predominant legitimate interest in guaranteeing the trouble-free operation of our website and improving our offer.

2. Contact

Responsible person
Contact us if you wish. The contact details of the person responsible for data processing can be found in our legal notice.

Initiative contact by the customer by email
If you initiate business contact with us by e-mail, we will only collect your personal data (name, e-mail address, message text) to the extent that you have made available. The data processing serves to process and answer your contact request.

If the establishment of contact serves to carry out pre-contractual measures (e.g. advice on purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing takes place on the basis of Art. 6 Para. 1 lit. b GDPR.

If the contact is made for other reasons, this data processing takes place on the basis of Art. 6 Para. 1 lit. f GDPR out of our predominant legitimate interest in processing and answering your request. In this case you have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data based on Art. 6 (1) (f) GDPR.

We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.

3. Orders

Collection, processing and transfer of personal data for orders

When you place an order, we only collect and process your personal data insofar as this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing takes place on the basis of Art. 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.

Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.

4. Payment service providers

Use of PayPal
All PayPal transactions are subject to the PayPal privacy policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full

5. Rights of data subjects and duration of storage

Duration of storage
After the contract has been fully processed, the data is initially stored for the duration of the warranty period, then taking into account statutory, in particular tax and commercial retention periods, and then deleted after the deadline, unless you have consented to further processing and use.

Rights of the data subject
If the legal requirements are met, you have the following rights according to Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.

In addition, according to Art. 21 Paragraph 1 GDPR, you have the right to object to processing based on Art. 6 Paragraph 1 f GDPR, as well as against processing for the purpose of direct mail.

Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that your personal data is not being processed lawfully.

Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 (1) (f) GDPR, you have the right to object to this processing at any time with future effect for reasons that arise from your particular situation.

After the objection has been made, the processing of the data concerned will be terminated, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

last update: 02/27/2021