General Terms and Conditions (GTC) from Biohof Stövesandt in the retail sector (B2C)
(1) We (details on the person § 2) operate an online shop under the Internet domain http://www.bio-opc-aronia.com which offers our customers products for sale. (2) The business relations between the customers of our online shop and us are based on these General Terms and Conditions (AGB).
§ 1 [Scope]
(1) These terms and conditions apply to all contracts, deliveries, offers, sales contracts and other services of the online shop between us and our customers. (2) Customers within the meaning of these terms and conditions are exclusively consumers within the meaning of § 13 BGB. (3) These terms and conditions apply exclusively; any terms and conditions of the customer that conflict with or deviate from these terms and conditions will not be recognised unless we have expressly agreed to their validity. (4) These GTCs shall also apply if we carry out the delivery without reservation in the knowledge of the customer's terms and conditions that are contrary to or deviate from these GTCs. (5) As long as nothing else is contractually stipulated, the contracts concluded are expressly not a purchase on trial. (6) We are entitled to change or amend these General Terms and Conditions of Business at any time. (7) However, the version valid at the time of the conclusion of the contract is decisive.
§ 2 [Contractor]
(1) The contract is concluded with us Biohof Stövesandt, Hermann Reinecke, Hagen 8, 29303 Bergen. (2) You can also reach us at firstname.lastname@example.org.
§ 3 [Contract]
(1) The presentation of the articles in our online shop is not a legally binding offer, but is to be understood as an invitation to order. (2) The customer can select the products from our range and collect them in a so-called electronic shopping cart by clicking the button "add to cart". (3) By clicking on the button in the shopping cart system, which triggers the binding order subject to payment, the customer submits a binding application to purchase the goods in the shopping cart. (4) However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and thereby included them in his application. (5) The customer's binding order then represents a binding offer which can be accepted by us within 3 days - starting from the first working day after the order/offer - by sending an order confirmation or by delivering the goods. (6) We hereby point out to the customers that the confirmation of receipt of the order does not constitute a declaration of acceptance in the aforementioned sense. (7) Offers submitted by us before this are subject to change without notice. (8) The details in the product description are approximate values customary in the industry. (9) We reserve the right to make technical changes or deviations in shape, colour and/or weight within the scope of what is reasonable. (10) Illustrations or drawings contained in the brochures, advertisements and other offer documents are only approximately authoritative (e.g. for technical reasons certain colours cannot be realistically digitalised and thus represented), unless the information contained therein has been expressly designated by us as binding.
§ 4 [Prices]
(1)The prices of the articles are in Euro per piece including the respective valid legal VAT. (2) The purchase price offered is binding. (3) The list prices at the time of the order shall apply. (4) The prices are basically the prices stated in the shopping cart system of the website at the time of the order. (5) Deviating price quotations, which may be displayed on the pages of the online catalogue or which are loaded from intermediate storage devices (e.g. browser cache, proxies etc.), are not binding. (6) The period of validity of the prices in the catalogues, advertisements or flyers is always only valid until the publication of the next catalogue, flyer or advertisement. (7) Promotions are only valid for their defined and stated period of time. (8) The prices do not include costs for packaging and shipping. (9) If further costs, such as customs duties, become necessary, these are not included in the price, but are indicated separately on the last order page at the latest.
§ 5 [Terms of Payment]
(1) Upon conclusion of the contract, we shall invoice the customer for the total order price (including VAT) and all other costs of the order (see § 4). (2) As payment modalities, the customer is free to choose payment according to the options of the order process (currently PayPal, Sofortüberweisung, Klarna, credit card and prepayment). (3) Upon conclusion of the contract, the full invoice amount is due immediately and is payable to us within 10 working days of receipt of the invoice without deduction or right of retention. (4) The credit entry on our account is decisive for the timeliness of the payment. (5) Delivery shall only take place after full payment of the invoice amount (advance payment).
§ 6 [Delivery]
(1) After receipt of payment, the ordered goods will be handed over to the shipping company (dispatch of the goods by mail) within 2-3 working days. (2) The delivery of the goods within the country will then take place within 2-3 working days after the goods have been handed over to the shipping company. (3) The times given are to be understood as the estimated shipping time, unless they have been agreed upon individually between the parties. (4) We shall only be entitled to make partial deliveries and render partial services if this is reasonable for the customer. (5) Partial shipment shall only be carried out after consultation with the customer. (6) Additional shipping costs may arise.
§ 7 [Set-off, retention and transferability of rights]
(1)Offsetting by the customer against his counterclaims is excluded, unless it relates to counterclaims that are recognised by us, are undisputed or have been established as legally binding. (2) However, customers may exercise the right of retention if their counterclaim relates to the same contractual relationship. (3) The customer may only transfer the rights and obligations under this contract to a third party with our prior written consent.
§ 8 Right of withdrawal
Paragraph 1 (Withdrawal Policy)
(1) As a consumer, the customer has a statutory right of revocation when concluding a distance selling transaction, which we will inform you about in the following in accordance with the statutory model. (2) The exceptions to the right of revocation are regulated in paragraph 2. (3) A sample revocation form is contained in paragraph 3.
Cancellation:You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation:If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and no later than fourteen days from the date on which you notify us of the cancellation of this agreement to
to be returned or handed over. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
End of the revocation instruction
Paragraph 2 (Exclusion of the right of withdrawal)
The right of revocation does not apply to the delivery of goods, among other things,
- Delivery of goods that were manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their condition or that can spoil quickly or whose expiration date would be exceeded,
- which are not suitable for return for reasons of health protection or hygiene, if their sealing has been removed after delivery, or
- if these have been inseparably mixed with other goods after delivery due to their nature.
Paragraph 3 (sample revocation form)
In accordance with legal regulations, we provide the following information on the sample revocation form and enclose it:
Sample revocation form(If you want to cancel the contract, please fill out this form and send it back).
- Biohof Stövesandt, Hermann Reinecke, Hagen 8, 29303 Bergen, email@example.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for paper communication)
(*) delete as applicable
§ 4 (Notes)
(1) Please avoid damage and contamination. (2) Please return the goods to us in the original packaging if possible with all accessories and with all packaging components. (3) If necessary, use protective outer packaging. (4) If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging. (5)Please note that the modalities mentioned in this paragraph (paragraph 4) are not prerequisites for the effective exercise of the right of withdrawal.
§ 9 [Notes on data processing]
(1) We collect data of the customer in the context of the processing of contracts. (2) In doing so, however, we particularly observe the regulations of the Federal Data Protection Act and the Telemedia Act. (3) Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia. (4) Without the consent of the customer, we will not use the customer's data for advertising, market or opinion research purposes. (5) The customer has the possibility at any time to query, change or delete the data stored by him. (6) For further information on the customer's consent and further information on data collection, processing and use, please refer to the data protection declaration, which is available in printable form on our website at any time.
§ 10 [Warranty Rights]
(1) The warranty rights in the event of defective delivery shall follow the statutory provisions, provided that no restrictions have been made below. (2) The customer shall notify us of obvious defects in text form (e.g. letter or email) within two weeks of the occurrence of the defect. (3) For the timeliness of the notification it is sufficient to send the notification. (4) If the notification according to sentence 2 is not made within the aforementioned period, the warranty rights expire, provided that they relate to these obvious defects. (5) This shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
The customer does not receive any legal guarantees from us.
Section 11 [Liability]
(1) Our liability for contractual breach of duty and for tort is limited to intent and gross negligence. (2) This limitation of liability shall not apply in the event of injury to life, body and health of the customer, claims due to the violation of essential contractual obligations (cardinal obligations) and compensation for damages caused by delay (§ 286 BGB). (3) The liability in the case of breach of essential contractual obligations is limited to the regularly foreseeable, typical damage, unless intent or gross negligence is involved. (4) The provisions of the Product Liability Act shall remain unaffected.
(Paragraph 2)The aforementioned exclusion of liability shall also apply to slightly negligent breach of duty by any of our employees, representatives and vicarious agents.
Section 12 [Right of withdrawal from Biohof Stövesandt]
(1) Delays in delivery and performance due to longer-term force majeure (e.g: (e.g. operational disruptions, wars, strikes, official orders or raw material shortages), which are not only of a temporary nature and for which we are not responsible, entitle us to withdraw from the contract. (2) We shall also be entitled to withdraw from the contract if a contract has been entered into with an upstream supplier to cover the customer's order (covering transaction) and the supplier does not deliver the ordered goods and the resulting impediment to performance has arisen through no fault of ours. (3) In the aforementioned cases, we are of course obliged to inform the customer immediately of this defectiveness and to reimburse the contractual partner's consideration without delay.
Section 13 [Final Provisions]
Paragraph 1 (Court of Jurisdiction)
If the customer is a consumer and does not have his general area of jurisdiction in Germany or in another EU member state, exclusive area of jurisdiction for all disputes from this contract is the court responsible for the business seat of Biohof Stövesandt.
Paragraph 2 (Applicable Law)
The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the UN Sales Convention.
Paragraph 3 (Salvatory clause)
(1) Should one of these provisions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. (2) In place of the invalid or unenforceable provision, the relevant statutory provisions shall apply. (3) The same applies in the event of a loophole in the regulations.