General terms and conditions (GTC) and consumer information
General terms and conditions and consumer information in the context of Purchase contracts made via the online shop between Athos Bionatura - here in after "Seller" - and the customer - here in after referred to as "Customer" - are closed.
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these GTC, gelten für die Geschäftsbeziehung zwischen dem Verkäufer und dem Kunden ausschließlich die the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The contract is concluded with:
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer can select products from the seller's assortment and collect them in a so-called shopping cart using the "In the basket" button. By clicking on the “shopping cart” button, the customer receives an overview of the selected products. Via the "ORDER WITH CHARGE" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits a declaration of acceptance, which is sent in a separate email.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the online shop. Images on the website may only show the products inaccurately; colors in particular can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from making a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 delivery, prices, shipping costs
(1) The delivery to the shipping company takes place no later than two days after receipt of the payment, in the case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller will point out any deviating delivery times on the respective product page.
(2) Delivery takes place only within the EU.
(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer receives an invoice showing VAT.
§ 5 payment
Payment is made in advance (PayPal, bank transfer) or cash on delivery.
§ 6 transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report these errors to the deliverer immediately and to contact the seller as soon as possible.
(2) Failure to lodge a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.
(3) You can submit complaints and claims for liability for defects to the address given in the provider identification.
§ 8 retention of title
The delivered goods remain the property of the seller until they have been paid for in full.
§ 9 liability
The statutory provisions apply.
§ 10 text of the contract
The text of the contract is saved on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data can no longer be accessed via the Internet for security reasons.
§ 11 final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law only applies to consumers if the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction inGermany or the EU, or if his place of residence or habitual residence is not known at the time the action is brought.
(End of the terms and conditions)
© Attorney Jacob Metzler
Source: Lawyer Metzler - lawyer specializing in competition law, trademark law and copyright law