Standard Terms and Conditions (T&Cs) Before 7am (April 2019)
These Terms and Conditions (including any documents referenced herein and any other special terms and conditions confirmed by us in writing, together the “T&C’s”) apply to all purchase agreements between Before 7am, operated by Annabel Kleijweg (Kleinunternehmer/small business according to § 19 Value Added Tax Law), Mehringdamm 84, 10965 Berlin, Tax ID: DE306638202 (hereinafter referred to as the “Provider” or “we”) and the customer (“the consumer”), whether purchased online through the website www.before7am.co or via other (online) sales channels.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither for commercial nor self-employed.
Conclusion of contract
By placing an order for or by using our products, you automatically agree to and are bound by the terms and conditions. Customers accept terms and conditions upon finalising the order on before7am.co by clicking on the "Accept T&C" button. Before submitting the order, the customer can change and view the data at any time.
Once we have confirmed your card or alternative payment authorization for your order and confirmed your order in writing (including by email), an agreement between us is concluded. If you do not receive a confirmation within 24hrs of placing your order, please contact us at firstname.lastname@example.org. Before 7am is not obliged to accept any orders.
If the products are no longer available, even after the order has been confirmed, we will let you know. You may then order another product from our Website or, if you wish, cancel the order. Any payment made will be refunded.
Pricing and payment
All prices shown in the Website are in Euro’s and inclusive of 19% VAT.
Payment shall be made upon placing your order. All credit card and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer refuses to authorize payment, Before 7am may reject your order.
Should you be late in making any payment to Before 7am, you will incur statutory interest as of the payment due date stated in the first reminder. In addition, Before 7am may charge you reasonable fees incurred in trying to obtain payment from you.
Delivery and shipment
Delivery times stated by us are calculated from the date we confirm your order, once we received your payment. Delivery usually happens within 3-5 days after confirmation (we ship goods out within 1-2 days).
Shipping costs are indicated to the customer in the checkout process and are to be borne by the customer.
In case of revocation the costs of shipment are carried by the customer.
Shipment of the products takes place by post. The shipping risk is borne by Before 7am.
Cancellations and returns
If your purchase was delivered to an address within the European Union, you have the right to cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the products purchased.
You must inform us of your decision to cancel your order or return your product. You must submit your notification to us via email at email@example.com with a clear explanation that you wish to cancel or return your order.
To meet the cancellation deadline, it is sufficient for you to send your communication on the exercise of the right to cancellation before the cancellation period has expired and return the products within this period.
If you cancel your order, we will reimburse all payments received from you for the products purchased, excluding any shipping costs. This reimbursement will be made without undue delay and by no later than 14 days from the day on which we received your communication on the cancellation of your order. For such reimbursement we will use the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement. We will withhold reimbursement until we have received the products back.
Until complete payment of the delivered goods is received products remain the property of Before 7am.
We have a legal duty to provide products in conformance with the agreement. You should inspect the products for defects as soon as possible after delivery and inform us of any defects to the products preferably within seven (7) days, so we can make a claim against the carrier, if needed, but in any case within fourteen (14) days.
We are liable for damages in accordance with the statutory provisions, unless otherwise stated below.
In the case of breaches of duty - for whatever legal reason - we are responsible for intent and gross negligence. In the case of simple negligence, we shall only be liable for damages resulting from injury to life, limb, health or a material contractual obligation (obligation whose fulfillment enables the proper execution of the contract in the first place and whose compliance the contractual partner regularly trusts and can trust).
In the case of simply negligent breach of essential contractual obligations, our liability is limited to the amount of foreseeable, typically occurring damage. Otherwise, our liability is excluded.
The above limitations of liability do not apply if we have fraudulently concealed a defect or have accepted a guarantee for the quality of the products. The same applies to claims of the buyer under the Product Liability Act.
For these terms and conditions and the contractual relationship with you, the law of the Federal Republic of Germany shall apply to the exclusion of substantive unified law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.
We reserve the right to make changes to any policies, terms and conditions including these Conditions of Sale. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you purchase from us. If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Most recent update: 8 April 2019