Subscription Agreement of the Meissner/Schniepp GbR for rental of refurbished home appliances
updated on Jan. 03, 2023
1. General terms
1.1 These terms and conditions (hereinafter "TCs") apply to all orders and contracts for services offered on www.goodzclub.de/shop (hereinafter "online shop"). "Services" hereinafter refers to the rental (also "subscription") of refurbished home appliances (hereinafter "goods") and related ancillary services.
1.2 All services offered in the online store are directed at customers who are consumers within the meaning of § 13 BGB. 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 (§ 13 BGB).
1.3 All services in the online store can only be ordered by consumers who have reached the age of 18.
1.4 The contract language is English. The TCs can be viewed here and saved as a PDF via the browser's function. Customers are also entitled to print them out.
2. Conclusion of contract
2.1 The customer's contractual partner shall be Meissner/Schniepp GbR, Lachmannstr. 3, 10967 Berlin, Germany, VAT identification number DE350027568. Meissner/Schniepp GbR (hereinafter "GOODZ Club") is also the operator of the online store.
2.2 The offers of the online store represent a non-binding offer to the customer to order services in the online store.
2.3 By ordering the desired services in the online store, the customer makes a binding request to conclude a subscription agreement (also "Subscription Agreement" or "Subscription Contract").
2.4 GOODZ Club will confirm receipt of the order promptly, at the latest 24 hours after receipt of the order. The order confirmation does not constitute a legal acceptance by GOODZ Club. The acceptance of the offer by GOODZ Club will only take place with the shipment of the goods to the customer and will be communicated to the customer by a written shipment confirmation via email.
2.5 The subject matter of the contract shall be the services ordered by the customer. With regard to the quality and scope of services, the product description in the online store shall apply. Furthermore, the customer has no claim to a specific model, color or other equipment features. All goods are in used condition and may therefore show the usual signs of wear. In all other respects § 434 Abs.1 Satz 3 BGB applies.
2.6 GOODZ Club is entitled to share personal data of the customer with third parties, in particular our payment service providers, in order to check the credit-worthiness of the customer. In case of insufficient credit-worthiness of the customer, GOODZ Club reserves the right to withdraw from the contract with the customer.
2.7 Should the customer's personal information change during the term of the contract, the customer must inform GOODZ Club of the changes in writing, by email to customerservice@goodzclub.de, within two (2) weeks.
2.8 Information regarding cancellations can be found under section "13".
3. Delivery and installation
3.1 Ordered goods shall be shipped promptly, based on availability. At this time, delivery will be made exclusively to Berlin postcodes.
3.2 After the payment order is received by the payment service provider authorized by GOODZ Club and unless otherwise stated during the order process, the goods will be delivered within three (3) business days (Monday through Saturday, excluding holidays).
3.3 In case ordered goods are unavailable, GOODZ Club will inform the customer promptly by email about the expected delivery time. The customer's statutory claims remain unaffected.
3.4 Cost for delivery and installation of goods are displayed during the ordering process in the online store and are due upon conclusion of the contract.
3.5 Delivery shall be made to the delivery address specified by the customer. Special instructions (e.g. bell system, access code, floor, rear building, elevator or other access restrictions) must be provided by the customer during the order process to ensure on-time fulfillment of the delivery.
3.6 Delivery as well as installation of goods shall be carried out by GOODZ Club or the carrier commissioned by GOODZ Club. The intended installation site must be freely accessible and provide all outlets required for installation. If these requirements are not met upon delivery, the customer shall bear any additional costs.
3.7 Should the goods be delivered with obvious damages, minor cosmetic defects excluded, the customer must report any damages immediately to the carrier, or refuse delivery if necessary, and contact GOODZ Club as soon as possible, so that GOODZ Club can protect its rights against the carrier. In order for claims to be made against GOODZ Club's service providers, the customer agrees to inform GOODZ Club as soon as possible by email (customerservice@goodzclub.de) or by telephone (+4915141237859) in the event of transport damage as well as hidden defects.
3.8 GOODZ Club or service providers commissioned by GOODZ Club are entitled to check the customer's personal information on the delivery bill with a photo ID of the customer (e.g. ID card or passport). Furthermore, the installation site, existing outlets and any goods delivered may be documented photographically before and after installation or commissioning and transmitted electronically to GOODZ Club.
3.9 After a short instruction and a test run, the customer confirms the delivery as well as the functionality of the goods by signature.
4. Prices, payment, title
4.1 All prices stated are final prices plus delivery costs. Pursuant to § 19 para. 1 UStG (German Turnover Tax Act), we do not charge any turnover tax and consequently do not display it.
4.2 The amount of the subscription fee, as well as any delivery and collection costs result from the offer description in the online store.
4.3 GOODZ Club accepts Apple Pay, Google Pay, credit card and SEPA direct debit as payment methods.
4.4 Payment processing is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter "Stripe"), subject to the Stripe terms of use, which can be viewed at https://stripe.com/de/terms, to which GOODZ Club assigns the payment claim. Stripe collects the invoice amount due from the customer's specified account. In case of assignment, payment can only be made to Stripe with debt discharging effect. The customer's account will be debited immediately after the customer's order has been sent in the online store. GOODZ Club remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
4.5 The subscription fee is payable monthly and is due for payment by the customer for the first time with the conclusion of the contract. A minimum contract term of twelve (12) months shall apply.
4.6 Should the contract be terminated prior to the expiry of the minimum contract term or prior to the expiry of the extension period, the deadlines set forth in Section "8" shall apply. The subscription fee attributable to the minimum contract term or to the current extension period shall be paid in full by the customer in any case. A pro rata refund of the subscription fee already paid is excluded.
4.7 If the subscription fee cannot be debited or the debit is unlawfully reversed, the customer shall be in default by operation of law. In this case, the customer will receive a request to pay all amounts due within fourteen (14) days. GOODZ Club may engage a collection agency if the amounts due have not been paid within fourteen (14) days. All additional administrative costs and out-of-court collection costs will be borne by the customer.
4.8 GOODZ Club reserves the right to adjust the subscription fee after the expiration of the minimum contract term with effect for the future. Such price changes will be communicated to the customer in text form at least six (6) weeks before taking effect. The customer has the right to terminate this contract up to two (2) weeks before the price changes come into effect. If no notice is given, the customer's agreement to the price change will be assumed. GOODZ Club will separately point out the possibility of termination and compliance with the deadline.
4.9 GOODZ Club remains the owner of the delivered goods. It grants the customer the exclusive right of use for the goods provided and the duration of the subscription agreement. The customer is obligated to keep the provided goods free from third party rights. In particular, the customer may not sell, pledge, give away, sublet or lend the surrendered goods or assign them as security.
5. Obligations and responsibility of customer
5.1 The customer shall ensure that all goods including accessories are operated and handled in accordance with the manufacturer's operating instructions. The goods are to be used exclusively within the scope of their proper intended use and are to be handled with utmost care and always maintained in a condition in which they are safe to operate.
5.2 In the event of any damage to the goods or the accessories supplied or in the event of the occurrence of defects during the subscription period, the customer is obliged to notify GOODZ Club immediately of all details of the incident in writing by email to customerservice@goodzclub.de. This also applies in the event of loss or theft of the goods, their components or accessories supplied.
5.3 The place of operation of the goods is the delivery address specified by the customer. To move the goods to another location (e.g. in case of relocation), the customer must request and obtain written permission from GOODZ Club prior by emailing customerservice@goodzclub.de. In any case, the goods may only be used within the Berlin city area.
5.4 The customer shall return or make available all goods, incl. accessories, to GOODZ Club within fourteen (14) days after termination of the contract and in a condition according to the contractual use and free from damages.
5.5 The customer is prohibited to make any changes to the goods, such as painting, labeling, stickering, mechanical modifications or similar. The same applies to the accessories supplied. In addition, all affixed stickers, seals and markings must be left on the goods.
6. Warranty
6.1 The statutory law on liability for defects shall apply, unless otherwise stipulated below.
6.2 Should defects or deficiencies occur during the subscription period, the customer shall notify GOODZ Club immediately in writing by email to customerservice@goodzclub.de. The customer is prohibited from carrying out any repairs and rectification of defects personally or by third parties. Repairs and replacements will be carried out exclusively by GOODZ Club or service providers commissioned by GOODZ Club.
6.3 The evaluation of the economic viability of a potential repair to be carried out is at the discretion of GOODZ Club. GOODZ Club reserves the right to replace a defective appliance with an equivalent device.
6.4 GOODZ Club shall bear the costs for the elimination of defects and deficiencies that occur despite proper and contractual use.
6.5 The customer shall bear the cost of repairs and spare parts, if damages were caused by:
- non-contractual or improper use,
- intentional or negligent actions,
- or if the appliance, individual components or supplied accessories have been lost and now need to be replaced.
7. Liability
7.1 GOODZ Club is liable without limitation for damages, the cause of which is based on an intentional or grossly negligent breach of duty by GOODZ Club, a legal representative or vicarious agent.
7.2 In other cases, GOODZ Club shall only be liable for slight negligence in the event of a breach of material contractual obligations. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner/customer relies. The liability in case of breach of such a material contractual obligation is limited to the damage typical for the contract, the occurrence of which GOODZ Club had to expect at the time of conclusion of the contract based on the circumstances known at that time. This limitation of liability also applies to the benefit of legal representatives and vicarious agents of GOODZ Club.
7.3 The above limitations of liability do not apply to claims for damages arising from injury to life, body and health of persons by GOODZ Club.
7.4 Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favor of GOODZ Club remain unaffected.
8. Start of service, contract term, termination, returns
8.1 The minimum contract term begins with the delivery of the goods to the customer. Delivery shall be made by GOODZ Club or a carrier commissioned by GOODZ Club and shall be deemed to have taken place as soon as the customer has obtained the goods.
8.2 Both contracting parties are entitled to terminate the contract with a notice period of four (4) weeks to the end of each contract month without giving reasons, however, this is possible at the earliest at the end of the agreed minimum contract period.
8.3 Unless the contracting parties exercise their right to terminate the contract, the contract shall be automatically extended by one (1) month.
8.4 The right to extraordinary termination for cause remains unaffected. GOODZ Club is entitled to extraordinary termination if the customer:
- has not paid two consecutive subscription fees;
- does not pay subscription fees on time, despite prior warnings or reminders;
- sublets rented goods to third parties without authorization or
- violates contractual obligations and responsibilities
8.5 Notice of termination must be sent in text form via the channels recognized by GOODZ Club:
- Mail: Meissner/Schniepp GbR, Lachmannstr. 3, 10967 Berlin
- Email: customerservice@goodzclub.de
- WhatsApp: +4915141237859
8.6 After termination, the customer is obliged to return the goods including accessories (e.g. hoses and valves) to GOODZ Club without delay. The customer shall provide the goods cleaned and freely accessible after use.
8.7 The customer has the option to return the goods including accessories free of charge to a return location specified by GOODZ Club within fourteen (14) days after termination. An appointment must be requested and scheduled in text form via email to customerservice@goodzclub.de.
8.8 The customer also has the option of arranging a collection of the goods in text form by email to customerservice@goodzclub.de, subject to a charge. For this purpose, a collection date will be agreed between GOODZ Club, the carrier commissioned by GOODZ Club and the customer. The corresponding prices for the collection can be viewed on the product detail page in the online store.
9. Data protection
9.1 The data provided by the customer will be used by GOODZ Club exclusively for the processing of orders. All customer data will be treated as strictly confidential by GOODZ Club. GOODZ Club will only pass on the data to third parties (e.g. forwarding agents, payment service providers) if this is necessary for the processing of the order.
9.2 The order data will be transmitted encrypted and secured, but GOODZ Club assumes no liability for data security during these transmissions over the internet (e.g. due to technical errors of the provider) or for possible criminal access by third parties to files of GOODZ Club's internet presence.
9.3 Further information on the subject of data protection can be viewed under Privacy Policy on the GOODZ Club website and the online store.
10. Changes to TCs
10.1 GOODZ Club reserves the right to amend these TCs, provided that such amendments leave the main services (e.g. type of service, scope of service, term, termination) unchanged.
10.2 The Customer shall be notified of any amendments to the TCs in text form within six (6) weeks before they take effect. The customer may thereupon object to the changes within a period of six (6) weeks. In case of a timely objection, GOODZ Club is entitled to terminate the subscription agreement when the changes become effective.
11. Website contents and links
11.1 The contents of all internet pages of GOODZ Club have been created with the utmost care. However, GOODZ Club cannot assume any liability for the correctness, completeness and up-to-dateness of the contents. As a service provider, GOODZ Club is responsible for its own content on these pages in accordance with general laws pursuant to § 7 Para.1 TMG. According to §§ 8 to 10 TMG, GOODZ Club as a service provider is not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If GOODZ Club becomes aware of any such infringements, it will remove the relevant content immediately.
11.2 The offer of GOODZ Club contains links to external websites of third parties, on whose contents GOODZ Club has no influence. GOODZ Club can therefore not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. GOODZ Club will remove such links immediately upon becoming aware of any infringements.
12. Miscellaneous
12.1 The EU Commission has established a platform for the settlement of disputes in online commerce between consumers and merchants. Customers can access this platform and further information at the following link: https://ec.europa.eu/consumers/odr
12.2 The customer may also forward the request to GOODZ Club by email to customerservice@goodzclub.de.
12.3 GOODZ Club does not participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
12.4 The validity of the "UN Convention on Contracts for the International Sale of Goods" is excluded, German law shall apply. With an order the general terms and conditions of the online store are accepted.
12.5 If the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contract is exclusively the place of business of GOODZ Club.
13. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us
Meissner/Schniepp GbR
Lachmannstr. 3
10967 Berlin
by means of a clear declaration (e.g. a letter sent by mail or an email) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, but it 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 cancellation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs, without undue delay and no later than within fourteen (14) days from the day on which we received the notification of your revocation of 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 any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Returns
You have the option to return the goods free of charge to a return location specified by GOODZ Club. An appointment must be made in text form by email to customerservice@goodzclub.de.
You also have the option of arranging a collection of the goods in text form by email to customerservice@goodzclub.de, subject to a charge. For this purpose, a collection date will be agreed between GOODZ Club, the carrier commissioned by GOODZ Club and you. You can see the corresponding prices for a pickup on the product detail page in the online store.