General terms and conditions with customer information
Table of Contents
1. scope of application
2. conclusion of contract
right of withdrawal
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
9. redemption of promotion vouchers
10th applicable law
Place of jurisdiction
11th Place of jurisdiction
1.1 These General Terms and Conditions of Nadia Lebensmittel und Spirituosen Import und Export GmbH & Co. KG (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 Consumers in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive, or
by requesting payment from the customer after placing the order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method in the online order process, he also places a payment order with his payment service provider by clicking the button that completes the order process. In this case, in deviation from section 2.3, the Seller hereby declares its acceptance of the Customer's offer at the time when the Customer initiates the payment transaction by clicking the button completing the order process.
The acceptance period for the offer begins on the day after the customer submits the offer and ends on the fifth day following the submission of the offer.
2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. However, the text of the contract can no longer be called up by the customer after sending his order via the website of the seller.
Before placing a binding order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.10 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult person authorized by him may receive the goods.
3) Right of withdrawal
3.1 Consumers have the right of withdrawal.
Further information to the right of revocation result from the revocation instruction of the salesman.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The customer has various payment options available, which are specified in the seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
5) Delivery and shipping conditions
Unless otherwise agreed, goods will be delivered to the delivery address specified by the customer by way of shipment.
5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the cost of unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.
5.3 If the customer acts as entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer or a person entitled to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods, even for consumers, is already transferred to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration reimbursed immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
6.1 The seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 The seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship with entrepreneurs.
6.3 If the customer acts as entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected by this. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the object of purchase is defective, the provisions of the statutory liability for defects shall apply. The following deviates from this:
7.1 For Entrepreneurs
an insignificant defect does not substantiate any claims for defects;
the seller has the choice of the type of subsequent performance;
If the limitation period for new goods is one year from the transfer of risk;.
For used goods, rights and claims due to defects are generally excluded;.
The statute of limitations does not start again if a replacement delivery is made within the scope of the liability for defects.
7.2 For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer, with the restriction of the following number.
7.3 The above limitations of liability and limitation periods do not apply
for objects that have not been used for a building in accordance with their normal use and have caused its defectiveness,
for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the seller maliciously concealed the defect.
p>7.4 In addition, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial obligation to examine and give notice of defects pursuant to § 377 HGB applies to him. If the customer fails to fulfil the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contract-like and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable for any legal reason without limitation
in case of intent or gross negligence,
in the event of wilful or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.
If the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited according to the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
8.3 Otherwise, any liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redeeming promotion vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain validity period and that cannot be purchased by the customer (hereinafter "promotion vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the coupon promotion if a corresponding restriction results from the content of the promotion coupon.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The merchandise value must be at least the amount of the promotion voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit balance of a promotion voucher is neither paid out in cash nor interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The promotion voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the inability to contract or the lack of representation authorization of the respective owner.
10) Applicable law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.