AGB

Our general terms and conditions

 

§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all orders placed with the online shop of

Gut Eich - Dr. Gabriele-C. Fox

Bahnhofstr. 14

27412 Breddorf

Germany

Owner: Dr. Gabriele-C. Fox

do.

(2) The goods offered in our online shop are exclusively aimed at buyers who are at least 18 years of age.

(3) Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions also apply to all future business relationships with companies, even if they are not expressly agreed upon again. We hereby expressly object to the inclusion of any customer's general terms and conditions that contradict our General Terms and Conditions.

(4) The language of the contract is exclusively German.

 

§ 2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase agreement. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the button [“Order now subject to payment” / “Buy”] you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can review and, if necessary, correct it.

(3) After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the order confirmation.

(4) A purchase agreement for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and via PayPal, the order is accepted immediately upon your order.

 

§ 3 Prices

The prices listed on the product pages include VAT and all other price components, but exclude shipping costs. Further information regarding shipping costs can be found on our website under "Delivery Terms".

 

§ 4 Payment terms; Default

(1) Payment can be made by:

Payment upon collection,

Payment upon delivery

Paypal

(2) We reserve the right to select the payment methods available to you. In particular, we reserve the right to offer you only selected payment methods, for example, prepayment only to mitigate our credit risk.

(3) If you select prepayment as your payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(4) For cash on delivery, an additional fee of [X] EUR will be charged by the delivery person on site. No other costs or taxes will be incurred.

(5) When paying by credit card, the purchase price will be reserved (authorized) on your credit card at the time of ordering. Your credit card account will actually be charged when we ship the goods to you.

(6) When paying with PayPal, you will be redirected to the PayPal website during the order process. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After you place your order in the shop, we will request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will then be carried out automatically by PayPal.

(7) If you pay by direct debit, you may be liable for any costs incurred as a result of a chargeback due to insufficient funds or incorrect bank details provided by you.

(8) If you default on a payment, you are obligated to pay statutory default interest at a rate of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default, a reminder fee of EUR 2.50 will be charged, unless a lower or higher amount of damages is proven in a specific case.

 

§ 5 Set-off / Right of Retention

(1) You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship with our claim.

(2) You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

 

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have provided.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) We are exceptionally not obligated to deliver the ordered goods if we have duly ordered the goods ourselves but have not been supplied correctly or on time (congruent covering transaction). This is conditional upon us not being responsible for the lack of availability of the goods and having informed you of this circumstance without undue delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of such unavailability of the goods, we will promptly refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described by their type and characteristics (generic goods). We are only obligated to deliver from our existing stock and from goods ordered by us from our suppliers.

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following also applies:

  • We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.
  • You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice. We accept this assignment; however, you remain authorized to collect these claims. If you fail to meet your payment obligations, we reserve the right to collect the claims ourselves.
  • In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
  • We undertook to release the collateral held by us upon request, insofar as the realizable value of our collateral exceeds the secured claims by more than 10%. The selection of the collateral to be released is at our discretion.

 

§ 7 Transport damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.

(2) Failure to submit a complaint or contact us will not affect your statutory warranty rights. However, it will help us to assert our own claims against the carrier or transport insurance company.

 

§ 8 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of sale (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the warranty period for used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body, or health, or from the breach of a fundamental contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its agents.

(3) Otherwise, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB).

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

  • Only our own specifications and the manufacturer's product description are binding with regard to the quality of the goods, not public statements, advertisements and other promotional materials from the manufacturer.
  • You are obligated to inspect the goods immediately and with due diligence for any discrepancies in quality or quantity and to notify us of any obvious defects within 7 days of receipt. Timely dispatch of the notification is sufficient to meet this deadline. This also applies to latent defects discovered later, from the time of discovery. Failure to comply with the inspection and notification obligations precludes any warranty claims.
  • In the event of defects, we will, at our discretion, provide a remedy by repair or replacement (subsequent performance). In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
  • If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
  • The warranty period is one year from delivery of the goods.

§ 9 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, or health.

(2) Otherwise, the following limited liability applies: In cases of slight negligence, we are only liable for breaches of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.

 

§ 10 Alternative Dispute Resolution

The European Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We strive to resolve any disagreements arising from our contract amicably. However, we are not obligated to participate in dispute resolution proceedings and unfortunately cannot offer you participation in such proceedings.

 

§ 12 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you are habitually resident remain unaffected by this choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

As of March 2020

 

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de, Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4