Terms and Conditions
§ 1 Scope
(1) For Germany: Consumers are defined in accordance with § 13 BGB as any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. For Austria: In the following conditions, "consumer" is to be understood as the "Konsument" within the meaning of the Consumer Protection Act (KSchG). (2) Entrepreneurs are all natural and legal persons who are not consumers. (3) For entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to them. (4) By placing an order, the customer agrees to the following terms and conditions. The version of the terms valid at the time of the order applies. (5) Deviating regulations of the customer are hereby contradicted; other conditions will not become part of the contract, even if we have not expressly objected to them, unless we have explicitly agreed to their validity in writing. (6) Sale is only to persons who are at least 18 years old.
§ 2 Formation of the Contract
(1) The presentation of products in the webshop does not constitute a legally binding offer but an unbinding online catalog. (2) By ordering the goods, the customer makes a binding offer to conclude a purchase contract. The confirmation of receipt of the order is made by an automated email immediately after the order is sent and does not yet constitute acceptance of the contract. (3) Acceptance of the offer by us occurs by sending an email to the customer. (4) The email is sent to the email address provided by the customer. A purchase contract is not concluded for products from the same order that are not listed in the shipping confirmation. (5) We store the contract text and send the order data by email. The terms and conditions can be viewed on our website at any time. Past orders can be viewed in the customer account. (6) The contract is concluded in the following languages: German, English.
§ 3 Payment
(1) Delivery to the customer is made against payment of the purchase price. (2) Payment is made at the customer's choice using the payment methods offered during the ordering process under the conditions of the respective payment provider. (3) We issue the customer an invoice, which is sent with the delivery of the goods or by email. (4) In case of late payment, default interest of 5 percentage points above the base rate will be charged. We are entitled to prove and claim higher default damages. (5) We reserve the right not to offer certain payment methods for each order.
§ 4 Delivery
(1) The ordered goods are delivered to the delivery address specified by the customer, unless otherwise contractually agreed. (2) If we are not able to deliver the ordered goods through no fault of our own because a covering transaction with a supplier was concluded and the supplier does not fulfill their contractual obligations to us, we are entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered goods are not available. If payment has already been made, it will be refunded promptly. (3) If the customer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to claim compensation for any damages incurred, including additional expenses. In this case, the risk of accidental loss or deterioration of the goods passes to the customer at the moment they are in default of acceptance or debtor's delay. Further claims remain unaffected. (4) For shipments to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred, which are not handled or invoiced by us but must be paid by the customer directly to the responsible customs or tax authorities. (5) The statutory claims of the customer remain otherwise unaffected.
§ 5 Prices
(1) The prices listed at the time of the order in our webshop apply. The stated prices are final prices and include the applicable VAT. VAT and therefore the final price may vary depending on the delivery country. (2) If we change our prices or payment conditions for the ordered goods between the time of contract conclusion and delivery, we are entitled to apply the prices or conditions valid on the delivery day. In case of a price increase, the buyer has the right to withdraw from the contract within 14 days after being informed. (3) In the event of a withdrawal, the customer shall bear the direct costs of returning the goods. (4) Invoices are due for immediate payment without deduction, unless otherwise stated in the order confirmation.
§ 6 Right of Withdrawal
(1) Consumers have a right of withdrawal under the following conditions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity:
- The customer has the right to withdraw from the purchase contract within fourteen days.
- The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the goods.
- 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 a clear statement (e.g. a letter sent by post or an email).
- Please note that returns without an RMA number will not be processed by us and will be refused. Return costs are borne by the customer.
(2) If you withdraw from this contract, we shall reimburse all payments received from you within 14 days from the day we receive the returned goods. We will use the same means of payment for the reimbursement as you used in the original transaction (except for cash on delivery), unless otherwise expressly agreed; in no case will you be charged fees for the reimbursement. (3) We may withhold the reimbursement until we have received the goods (including original packaging) or until you have provided proof that you have returned the goods, whichever is earlier. (4) The customer must return the goods immediately and in any case no later than 14 days from the day on which he or she notified us of the withdrawal. The deadline is met if the goods are sent before the 14-day period expires. (5) The customer bears the direct cost of returning the goods. Please do not send returns postage unpaid. Unpaid returns cost us over €19 with DHL, and if the return is refused and sent back, the sender pays €25.
§ 7 Exclusion of the Right of Withdrawal
(1) The right of withdrawal does not apply, unless otherwise agreed by the parties, to the following contracts: - Contracts for the supply of goods that are not prefabricated and for which an individual choice or decision by the consumer is decisive or which are clearly tailored to the consumer's personal needs. - Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded. - Contracts for the supply of sealed goods that are not suitable for return for health protection or hygiene reasons (e.g. plasters, opened foods, opened dietary supplements, opened/used implants, used shower cartridges, opened sleep masks, opened vaporizers, etc.). - Contracts for the supply of so-called microchip implants where the sterile packaging has been opened, or if they have already been activated, linked to a user account, are not suitable for the intended use, or do not function as desired. - Contracts for the supply of digital content such as audio or video recordings or computer software in a sealed package if the seal has been removed or the content has been downloaded from the shop (e.g. eBooks, PDFs, etc.). - Contracts for the supply of research chemicals or products purchased for research purposes and/or that produce individual results in their "use". - Contracts for the delivery of goods that have been inseparably mixed with other goods due to their nature after delivery. - Contracts for the supply of discounted goods. - Contracts for the supply of goods whose price depends on fluctuations in the financial market that cannot be influenced by the entrepreneur and which may occur within the withdrawal period. (2) The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address are located outside the European Union. (3) It is also noted that persons who are not consumers as defined in § 13 BGB have no right of withdrawal regarding the purchased goods. (4) Additionally, returns will not be accepted in the following cases: - The goods or packaging are in poor condition, - The goods are incomplete, missing accessories, or are damaged or broken, - Instruction manuals or other documents are missing, - The 14-day return period has expired, - The customer must bear any loss in value of the goods if this loss is due to handling not necessary for checking the condition, properties, and functioning of the goods. (5) Partial return of goods is not permitted.
§ 8 Retention of Title
(1) The delivered goods remain our property until full payment obligations of the customer are fulfilled. (2) For entrepreneurs additionally: We retain ownership of the goods until full payment of all claims from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; all claims arising from such resale are assigned to us in advance – regardless of any combination or mixing with a new item – in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims if you do not meet your payment obligations. We will release securities on request if the realizable value exceeds the claims by more than 10%.
§ 9 Transport Damage
(1) For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us without delay. Failure to make a complaint or contact us has no consequences for your legal rights, especially your warranty rights. However, it helps us assert our claims against the carrier or transport insurer. (2) For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
§ 10 Warranty for Defects (Exception: Microchip Implants)
(1) If the goods are defective – e.g. due to production errors or damages – the customer is entitled to statutory warranty rights. This means the customer may request supplementary performance, i.e. at their discretion, replacement delivery or defect removal. All claims for defects expire two years after the statutory limitation period begins. (2) In case of a defect, the buyer must properly report it. As the seller, we can accept or reject the complaint. If accepted, the customer may choose between replacement or repair. If neither is possible, the current market value of the product will be refunded. (3) A refund is only possible if the customer allows us to repair or rectify the product. For this purpose, the product including accessories must be returned to us (RMA number required). The customer bears the shipping cost. (4) Assignment of these customer rights is excluded.
§ 11 Liability
(1) We are liable in cases of intent or gross negligence. We are also liable in cases of negligent breach of obligations that are essential for the fulfillment of the contract, the violation of which endangers the achievement of the contract's purpose, and on whose compliance the customer regularly relies. However, in the latter case, liability is limited to foreseeable, contract-typical damages. We are not liable for slightly negligent breaches of other obligations. (2) Otherwise, liability for damages is excluded. In particular, claims for damages by the customer due to injury to life, body, health, or violation of essential contractual obligations (cardinal obligations), as well as liability for other damages, especially financial losses, caused by the provider, its legal representatives or agents, are excluded. Essential contractual obligations are those that are necessary to achieve the purpose of the contract. (3) The provider is not liable for factors that limit or prevent performance, such as:
- External factors: natural disasters, pandemics, seizure of goods by state authorities or judiciary, international economic crises, legal changes affecting trade or functionality of offered goods, failure of goods delivery due to postal strikes, etc.
- Internal factors: illness/death of key personnel, economic embargoes, freezing of payment accounts
§ 10a+11a Warranty and Liability for Implants
(1) Our implants are legally considered body jewelry (e.g. piercings). They have no medical purpose and do not constitute a promise of healing. (2) All implants are tested for functionality before shipment and are fully functional. Partially “broken” or “working” implants do not exist. Once implanted, the implant is considered tested, functional, and accepted by the buyer. (3) The buyer is aware and agrees that an implant can become non-functional due to external influences (e.g. shocks, impacts, magnetism), legal changes, third-party influence (e.g. Fidesmo, VimPay, Paycelet, Curve, Dangerous Things, etc.), or other circumstances. Upgraded Humans has no legal affiliation with these third parties and cannot guarantee their functionality. A malfunction ("I didn’t do anything – it worked yesterday") does not entitle the customer to warranty, defect liability or free replacement if the product was functional at delivery. (4) The buyer acknowledges that not all global POS systems are compatible with implantable RFID systems. Payment chips in particular may have limitations we cannot influence. (5) We expressly do not accept liability for consequential costs, health effects, or damages related to insertion, wearing, use or removal of the implant. The use of microchip implants is entirely at the user’s own risk. (6) Warranty claims are void if the packaging is opened, activation has occurred, or implantation has taken place. The right of withdrawal is also forfeited. (7) The payment implants NxtPay and NxtPay-Infinity are custom-made by hand and produced exclusively to customer order. In accordance with § 312g Abs. 2 Nr. 1 BGB, a withdrawal is excluded after ordering.
§ 12 Disclaimer
(1) The content of this website is created with the greatest care. However, we assume no liability for the correctness, completeness, or timeliness of the content. Use of this website’s content is at the user's own risk. Marked contributions reflect the opinion of the respective author and not necessarily that of the provider. No contractual relationship is created merely by using the website. (2) All content is for general information and educational purposes only. They are not intended as recommendations for specific application methods. (3) Substances in the "Microdosing" category are not intended for human consumption. They are not medicines, supplements, or food. They are research chemicals whose use is the sole responsibility of the buyer. (4) Application tips on this site do not replace professional medical advice. Always consult a trusted medical expert. (5) The members’ area consists of customer reports, public articles, forums, studies, etc. (6) No guarantee is given for the correctness of the content. (7) The personal use of acquired products is the sole responsibility of the buyer. (8) The buyer must inform themselves independently about the legal status of the products in their country of delivery. (9) The provider assumes no liability for potential legal violations in other EU countries or third countries.
§ 13 Final Provisions
(1) Contract language and language for declarations in connection with this contract is German. (2) Translations of these terms have no legally binding effect. The German version is always decisive. (3) This contract contains all agreements made between the parties regarding the subject matter. There are no verbal side agreements. (4) This contract is governed exclusively by the laws of the Federal Republic of Germany. Any reference to foreign legal systems (renvoi) is invalid. (5) The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. (6) The competent court for our registered office in Hamburg shall have exclusive jurisdiction for all disputes arising from this contractual relationship. However, we are also entitled to sue a customer at their main place of business.