AGB

§ 1 Scope

These Terms of Service ("Terms") apply to all business relationships between TKT unlimited UG (haftungsbeschränkt), Kühlwetterstraße 38B, 40239 Düsseldorf, Germany (hereinafter referred to as “Company” or “Bynest”), and customers placing orders through the website bynest.com.

Any terms and conditions of the customer that conflict with or deviate from these Terms shall not apply unless expressly agreed upon in writing.
Customers within the meaning of these Terms include both consumers and entrepreneurs as defined in Sections 13 and 14 of the German Civil Code (BGB).

§ 2 Conclusion of Contract

The presentation of products on the website does not constitute a legally binding offer, but an invitation to submit an order.
By submitting an order, the customer makes a binding offer to conclude a purchase contract. The Company confirms receipt of the order via email. This confirmation does not constitute acceptance of the offer.
The contract is concluded only when the Company sends a separate order confirmation or dispatches the goods.

§ 3 Prices and Payment

All prices displayed on the website include statutory VAT (where applicable) and exclude shipping costs.
Shipping costs are displayed separately prior to order completion.

Available payment methods include:

  • PayPal

  • Credit Card (Visa, MasterCard)

  • Google Pay

  • Apple Pay

Payment is due immediately upon conclusion of the contract unless otherwise agreed.

§ 4 Shipping and Delivery

The customer bears shipping costs in addition to the purchase price. These are disclosed before finalizing the order.

The Company ships worldwide. Estimated delivery times are provided on the website and in the order confirmation.
For deliveries outside the European Union, additional customs duties, taxes, and fees may apply. These costs are the responsibility of the customer and are not included in the purchase price.

§ 5 Retention of Title

Ownership of the goods remains with the Company until full payment has been received.

§ 6 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal.

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 you or a third party designated by you, who is not the carrier, takes possession of the last item in your order.

To exercise the right of withdrawal, you must notify us (TKT unlimited UG, Kühlwetterstraße 38B, 40239 Düsseldorf, Germany, Email: team@bynest.com) of your decision to withdraw from this contract by means of a clear written statement (e.g., email or letter).

Further information and a sample withdrawal form are available in our refund policy:
https://bynest.com/policies/refund-policy

§ 7 Warranty and Liability

Statutory warranty rights apply.

The Company is fully liable for damages arising from intentional or grossly negligent conduct. In cases of simple negligence, liability is limited to breaches of essential contractual obligations (cardinal duties) and to typical, foreseeable damages.

Liability for indirect or consequential damages is excluded to the extent permitted by law.

§ 8 Data Protection

The Company processes personal data in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR).
Detailed information on the collection, processing, and storage of personal data is available in our privacy policy:
https://bynest.com/policies/privacy-policy

§ 9 Storage of Contract Terms

The Company does not store the contract text in a form accessible to the customer after contract conclusion. However, the customer will receive a confirmation email containing all relevant details of the order.

§ 10 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
We are not obligated and do not agree to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with these Terms shall be Düsseldorf, Germany.

If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.