Terms of service

§ 1 Validity & Scope 

The following General Terms and Conditions (GTC) govern the contractual relationship between Upgraded Humans, Dr. Patrick Kramer, Bocksberg 30b, 22395 Hamburg, Germany (hereafter referred to as „Upgraded Humans“ or “vendor”) and the consumer, who purchases products and/ or services at Upgraded Humans. For all orders placed by the customer (hereinafter referred to as the “Customer”) via the website in accordance with Section 13 of the German Civil Code (BGB) and for all deliveries and services provided by the Vendor, the following General Terms and Conditions applicable at the time of the order shall apply. For the purpose of these General Terms and Conditions, the word “consumer” refers to any natural person who concludes a legal transaction for a purpose outside his or her trade, business or profession (Section 13, BGB). Any other terms and conditions submitted by the Customer shall not be recognized unless the vendor consents to their validity expressly and in writing. By placing an order the consumer agrees to these General Terms and Conditions. 

§ 2 Conclusion of contract 

The representations of the goods and services shown in the online shop are intended solely as invitations to order, and do not constitute a legally binding offer. 

Descriptions of services in catalogs and on the Vendor’s website do not represent any form of assurance or guarantee. All offers apply only “while stocks last” unless otherwise specified next to the goods or services in question. Furthermore, no liability shall be accepted for errors. The Customer can select goods and services offered by the Upgraded Humans on a non-binding basis and add them to his or her “shopping basket” using the “Add to basket” button. 

Having done so, the Customer can then proceed to the conclusion of the order process by pressing the “Continue to checkout” button in the “Shopping basket” screen. By pressing the “Buy” button, the Customer submits a binding offer to purchase the goods and services in the shopping basket. The Customer can view and change his or her order data at any time before submitting the order. Fields for mandatory information are marked with an asterisk (*). By clicking the “Buy” button, the Customer declares his or her consent for the purchase of the items in the basket. Once the Customer has submitted his or her order, Upgraded Humans shall send him or her an automatic confirmation of receipt by e-mail. This confirmation shall list once more the details of the Customer’s order, and can be printed by the Customer using the “Print” function (order confirmation). This email also contains the invoice for the customer. 

The automatic order confirmation documents the fact that the Customer’s order has be received by Upgraded Humans, and constitutes acceptance of the application. The contract comes into effect when Upgraded Humans confirms that order. If the product(s)/services listed by the Customer in his or her order is/are temporarily unavailable, Upgraded Humans shall likewise inform the Customer of this immediately in the order confirmation. 

If the provision of the service is delayed by more than two weeks, the Customer is entitled to withdraw from the contract. Furthermore, Upgraded Humans is entitled in such cases to release itself from the contract. If this option is taken, Upgraded Humans must reimburse the Customer without delay for any payments he or she has already made relating to the order. If advance payment is agreed upon for the order, the delivery shall take place once the due sum has been received. 

§ 3 Payment 

The delivery to the customer takes place against payment of the items purchased. If third-party providers, such as Stripe or PayPal, are enlisted to handle the payment process, then their General Terms and Conditions shall apply. If payment by invoice is possible, payment must be made within 30 days following receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without any deductions. If the due date of the payment is defined according to the calendar, the Customer shall be in default if he or she fails to meet the deadline. In such cases, the Customer must pay default interest of 5 percentage points above the base rate. 

§ 4 Delivery 

Ordered goods are, unless contractually agreed otherwise, delivered to the address specified by the customer. If we are unable to deliver the ordered goods because, for the supply to the customer a hedging transaction has been concluded with a supplier and the supplier's contractual obligations are not met, we are entitled towards the customer to withdraw from the contract. In this case the customer will be informed immediately that the ordered product is not available. 

If the payment of the product has already been done, this will be refunded immediately. Shipment in some cases will be carried out by our partners. The contractual relationship between the customer and Upgraded Humans, however, remains in these cases with Upgraded Humans. The delivery time is – as long as the order is accepted, 3 to 5 business-days after payment-reception for most European countries. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for damages in this respect including any additional expenses. At the same time, the risk of accidental loss or accidental deterioration of the goods ordered is, in this case, transferred to the buyer, who is in default of acceptance or payment. The legal rights of the customer remain unaffected. 

§ 5 Prices 

For orders in our web-shop prices listed at the time of order are valid. All prices listed are final prices including VAT. In addition to the listed prices, Digiwell reserves the right to claim shipping costs for delivery. The purchaser shall be notified clearly of the shipping costs on the shipping costs page and during the order process. In case we change prices between customer-order and delivery for the goods ordered, we are entitled to apply the new payment-terms or prices. In the case of such price increase the buyer is entitled to withdraw from the contract within 14 days of notification of the price increase. Invoices are, unless stated differently in the order confirmation, due without deduction immediately after reception by the buyer. 

§ 6 Right of withdrawal 

Withdrawal policy You have the right to withdraw from this contract within fourteen days without providing any reason. The deadline for withdrawals shall be calculated as fourteen days starting from the day on which you, or a third party nominated by you who is not the carrier, take/s possession of the goods. In order to exercise your right of withdrawal, you must inform us (Upgraded Humans, Bocksberg 30b, 22395 Hamburg, Germany) of your decision to withdraw from this contract by means of an unambiguous declaration via letter, email or telephone. In order for your right of withdrawal to be honoured, it is sufficient for your notice of withdrawal to be sent off before the withdrawal deadline. The right of withdrawal does not apply to contracts for 

a). the delivery of goods that are not suitable for return for reasons of hygiene or preservation of health, and whose seal has been removed after delivery (e.g. vibrators, plasters, food and drinks, or implants); 

b). For the delivery of goods that are not prefabricated and whose manufacture is the direct result of an individual choice or decision on the part of the consumer, or that are clearly tailored to the personal needs of the consumer (e.g. lock-cylinders); 

c). for the delivery of audio or video recordings or computer software in sealed packages whose seal has been removed after delivery or for software products that were downloaded from the shop (e.g. eBooks, PDFs, etc.). 

Consequences of withdrawal 

If you withdraw from this contract, we are obliged to reimburse to you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from you potentially using a type of delivery other than the cheapest, standard form of delivery offered by us) without delay and, at the latest, within fourteen days starting from the day on which we receive the notification of your withdrawal from this contract. 

Unless expressly agreed otherwise following consultation with you, we shall reimburse this sum using the same method of payment as was used by you for the original transaction; you shall not under any circumstances be charged for this reimbursement. 

We hereby reserve the right to withhold your repayment until we have received the returned goods or until you provide evidence that you have returned the goods, whichever is the earliest. You must either return or hand over the goods to us without delay, or at the latest within fourteen days from the day on which you inform us of your withdrawal from this contract. This deadline shall be deemed to have been honoured if you have sent off the goods before the fourteen-day deadline. 

In the following circumstances we do not accept your withdrawal: 

• You have to pay for any diminished value of the goods, in case the value loss is due to changes in nature, characteristics and/or functioning of the goods handled by you. 
• Customers have to return the goods as a prepaid parcel. 
• Do not send any returns not prepaid. Unpaid parcels cause costs of approx. 19 Euros at DHL and when the delivery is returned to you, you have to pay even 25 Euros. 
• Not permitted is a partial return of goods. 
• The goods or the packaging are in poor condition. 
• The product is not complete, the missing accessories are missing or it has been damaged and/ or broken Instructions or other documents are missing. 
• The fixed return period has elapsed. 
• The purchase receipt/ invoice and/ or delivery note are not included

Please send a return request to "info@digiwell.com" to obtain a Return Merchandise Authorization (RMA) number and return address. Carefully pack the product with all the accessories that originally came with it so that it will not be damaged during shipping. We recommend using the original packaging if possible. 

Clearly mark the RMA number on the original packaging and on the outside of the package. Send the product to the address we provide. You are responsible for and must pay all return shipping charges. 

We recommend that you use a traceable shipping method for your protection. If the product is damaged or missing accessories that were originally included in your purchase, we reserve the right to either refuse the return or charge you for the damage to the product and the missing parts. 

§ 7 Reservation of property rights 

The supplied goods shall remain the property of Upgraded Humans until paid in full. 

§ 8 Compensation and retention 

The right to offset is only permitted to the customer, if his or her counterclaims are undisputed or res judicata. To exercise a lien, the customer is only authorized, as his or her counterclaim is based on the same contract. 

§ 9 Warranty 

The warranty shall be subject to the applicable legal provisions. The goods delivered by Upgraded Humans shall only be subject to a guarantee if such has been expressly provided. 

§ 10 Liability 

We are not liable for intent or gross negligence. Furthermore, Upgraded Humans assumes liability for ordinarily negligent breaches of material contractual obligations, the breach of which endangers the achievement of the purpose of the contract, or the proper fullfillment of which constitutes a condition sine qua non, and on whose fullfillment the Customer regularly relies. In such cases, however, Upgraded Humans shall only assume liability for foreseeable damages that are typical for this type of contract. Upgraded Humans shall accept no liability for ordinarily negligent breaches of obligations other than those detailed in the clauses above. Moreover, the liability for damages is excluded. Especially the Vendor is not liable for damages not caused to the ordered product itself. We cannot be held liable for costs associated with the insertion, usage or removal of microchip-implants. 

§ 11 Return of batteries 

Some of our products come with batteries. Used batteries must be disposed exclusively on trade or on the specially provided collection points (statutory obligation to return). Batteries can be returned free of charge in a communal collection point or in local trade after use. If you want to return batteries to us, please send them back. Batteries are provided with a mark consisting of a crossed-out bin. For batteries containing more than 0.0005 percent mercury, more than 0.002 percent cadmium or more than 0.004 percent lead, the respective chemical symbol (Hg (mercury), Cd (cadmium) or Pb (lead) is listed under the symbol of the dustbin. Further information on the German Battery law can be found here 

§ 12 Final remarks 

Contract language and the language for declarations in the framework of the implementation of this contract is German. Translations of these terms unfold no legally binding effect. The decisive factor is always the German version of these Terms and Conditions. This contract represents the entire agreement between the parties concerning the subject matter hereof. Verbal collateral agreements do not exist. The contract is governed exclusively by the laws of the Federal Republic of Germany. Does this law refer to foreign legal systems (renvoi), these references are ineffective. 

The application of the Convention on the International Sale of Goods ("CISG") is excluded.

The place of jurisdiction and fulfillment shall be the location of Upgraded Humans' headquarters if the ordering party is a businessperson, legal entity or special fund under public law.