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AGB

General Terms and Conditions "SenioAngel-Box"


1. Area of application

1.1 These General Terms and Conditions ("AGB") of SenioAngel, www.senioangel.de, Kleppingstr. 2, 55128 Mainz (hereinafter referred to as the "Provider") apply in principle to all contracts between the purchaser of the "SenioAngel-Box" product and the Provider in connection with the delivery of the "SenioAngel-Box" product.

1.2 Deliveries, services and other contractual business relationships are carried out exclusively on the basis of these AGB.

2. Subject matter of the contract

2.1 The range of services offered by the provider includes the delivery of care aids (care boxes) for consumption by the customer as well as the corresponding application and processing of cost coverage by the customer's care or health insurance company.

2.2 The provider's range of services is aimed exclusively at consumers in need of care and support.

2.3 The customer will be supplied with a set of reimbursable aids for consumption selected by him. The care aids ordered and supplied are intended only for the personal use of the customer in the context of home care.

2.4 All information on care aids and prices prior to conclusion of the contract are subject to change and non-binding. Product illustrations may not always correspond to the appearance of the products supplied. In particular, there may be changes in the appearance of products following product range renewals by manufacturers independent of the supplier.

2.5 The provider is entitled to commission third parties as service providers and vicarious agents for the provision of the range of services.

3. Conclusion of contract

A contract between the customer and the supplier is concluded as follows:

3.1 The website, presentation and advertising of articles, in particular care aids intended for consumption, by the supplier does not constitute a binding offer to conclude a supply contract.

3.2 The customer sends the provider an order form as a digital offer for the delivery of the "SenioAngel-Box" via the online portal www.senioangelbox.de. The customer can submit the offer in person or authorize a third party (e.g. relatives) to place the order on their behalf. The authorization of the third party must be proven by a separate power of attorney at the request of the provider.

3.3 The customer can put together the "SenioAngel-Box" individually up to a maximum amount of 40.00 € by selecting care aids specified by the provider for consumption. If there is only one entitlement per quarter for certain care aids (e.g. bed protection pads), the provider will point this out separately and make these available for selection separately as part of the ordering process.

3.4 In connection with the order form, the customer also sends the provider an application for cost coverage via the online portal www.senioangelbox.de, which is processed by the provider and forwarded to the care or health insurance company. The application for assumption of costs contains the assignment of the provider for the application and processing of the assumption of costs by the care or health insurance companies as well as a settlement by the provider to these. The application for assumption of costs also contains an assignment of the customer's claim for reimbursement of costs against his care or health insurance fund. By submitting the application for assumption of costs, the customer or their legal representative declares their consent that the provider is authorized to submit the application and process the care services on behalf of the customer vis-à-vis the care and health insurance companies.

3.5 By clicking the "Send order" button, the customer submits a binding offer to order the care box.

3.6 After the order has been placed, the supplier shall send the customer a summary confirmation of receipt to the e-mail address stated in the order. This does not constitute acceptance of the offer.

3.7 The contract between the customer and the supplier is concluded for customers with long-term care insurance subject to the condition precedent of approval of the application for assumption of costs by the long-term care or health insurance fund, at the latest when the goods are sent.

3.8 When submitting his offer, the customer assures the provider that he will provide all information truthfully, in particular information about his personal care situation and care level. The customer must inform the provider immediately of any changes in insurance status, care level classification or other personal information.

3.9 If the application for assumption of costs is not approved by the care or health insurance company, the provider shall inform the customer of this. In this case, the offer is not accepted.

4th delivery

4.1 The Provider shall deliver the selected set of aids for consumption to the Customer or to third parties designated by the Customer (e.g. relatives) on a monthly basis or at other agreed intervals.

4.2 If the cost reimbursement has been approved by the care or health insurance companies, delivery is free of shipping costs.

4.3 The supplier only delivers to customers residing within Germany.

4.4 The supplier is entitled to make partial deliveries if part of the ordered goods are temporarily unavailable.

5 Prices and invoicing

5.1 The price for a SenioAngel box is a maximum of 40.00 per month. These costs are covered by the care and health insurance companies if the requirements are met.

5.2 If reimbursement of the costs is approved by the care or health insurance fund, the provider shall invoice the delivery directly to the customer's care or health insurance fund up to the approved amount for customers with statutory health insurance.

5.3 If the customer has already received the delivery of care aids from another company and the application for reimbursement of costs by the commissioned provider is rejected by the care or health insurance company due to another reimbursement already made, the provider is entitled to invoice the customer for the time spent.

5.4 The goods remain the property of the supplier until full payment has been made.

6 Contract term, termination, pausing, amendment

6.1 The contractual relationship for the delivery of the SenioAngel box is concluded for an indefinite period.

6.2 The contractual relationship for the delivery of the SenioAngel box can be terminated by the customer and the provider at any time with a notice period of 14 days to the end of a calendar month. Notice of termination must be given in writing, in text form by email or via the customer account or customer dashboard provided by the provider using the cancel button. The right to extraordinary termination remains unaffected.

6.3 Otherwise, the contractual relationship ends automatically at the end of the approval period of the care or health insurance companies.

6.4 The contractual relationship can be terminated by the provider at any time without notice if the care or health insurance company refuses to cover the costs.

6.5 Instead of termination, the delivery of the SenioAngel box can be paused with a notice period of 14 days to the end of a calendar month via the customer account or customer dashboard provided by the provider by clicking on the Pause button.

6.6 The customer can make changes to the selection of the selected care aids, within the framework of the maximum amount on which Section 3.3 is based, with a notice period of 14 days to the end of a calendar month via the customer account or customer dashboard provided by the provider using the Change content box button.

7. right of withdrawal for consumers

7.1 Right of withdrawal

7.1.1 You have the right to withdraw from the delivery contract concluded with SenioAngel without giving any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you took possession of the care box or the last partial delivery of the first delivery.

7.1.2 To exercise your right of withdrawal, you must inform us SenioAngel, Am Schleifweg 16, 55128 Mainz, phone 0151608 732 82, e-mail kontaktsenioangelbox@senioangel.de, www.senioangelbox.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

7.1.3 To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

7.2 Consequences of revocation

7.2.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 for this repayment.

7.2.2 You must return or hand over the goods to SenioAngel, Am Schleifweg 16, 55128 Mainz immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

7.2.3 You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

7.3 Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back to us

I hereby revoke the contract concluded by me () for the purchase of the following goods () and the provision of the following service ()

Ordered on ()received on ()

Name of the consumer(s)

Address of the consumer(s)

Date __________

Signature of the consumer(s) (only for notification on paper)

() Delete as applicable.

7.4 Exclusion of revocation

The right of withdrawal does not apply to the following contracts

7.4.1 Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

7.4.2 Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

7.4.3 Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

8 Warranty and liability

8.1 All information on care aids and prices are subject to change and non-binding. Product illustrations may not always correspond to the appearance of the products supplied. In particular, changes in the appearance of products may occur following product range renewals by manufacturers independent of the supplier. Any claims for defects due to deviations from the product images do not exist insofar as the deviations are reasonable for the customer.

8.2 The supplier shall be liable for material defects or defects of title of the delivered goods in accordance with the applicable statutory provisions.

8.3 The information in the product and service overviews or other information and advertising material of the supplier are in no way to be understood as guarantees for a particular quality of the delivery item. Such quality guarantees are only effective if they are expressly agreed in writing.

8.4 The provider shall only be liable for damages, regardless of the legal grounds, in the event of intent, gross negligence and slightly negligent breach of essential contractual obligations (cardinal obligations). Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

8.5 In the event of a slightly negligent breach of material contractual obligations, the provider's liability shall be limited to compensation for foreseeable damage typical of the contract. In particular, indirect damages shall not be compensated.

8.6 The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the provider.

8.7 The above limitations of liability do not apply to culpably caused damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected.

9. data processing

9.1 Personal data of customers and consultants are collected, stored and processed in accordance with the applicable legal provisions on data protection, in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act. The provisions in the data protection declaration in the currently valid version, available on our website www.senioangelbox.de, apply.

10 General provisions

10.1 The law of the Federal Republic of Germany shall apply to contracts between the Supplier and the Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.2 If the customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the registered office of the supplier. If the customer is a consumer, the statutory provisions shall apply.

10.3 The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

10.4 Dispute resolution The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

10.5 Amendments and supplements to these AGB require a written agreement between the parties. This also applies to any amendment to this written form requirement.

10.6 If a contractual provision of these Terms and Conditions is invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.

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