table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Term of contract and termination of contract for subscription contracts .
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers .
- Applicable law
- Code of Conduct
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Euro Nutrador B.V. (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor to his independent professional activity.
1.3 Entrepreneur within the meaning of these GTC 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.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity..
1.4 Subject of the contract can be - depending on the product description of the seller - both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of the Subscription Contract, the Seller undertakes to supply the Customer with the goods owed under the Contract for the duration of the agreed term of the Contract at the time intervals owed under the Contract.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by e-mail, by fax or by telephone to the seller..
2.3 The seller may accept the offer of the customer within five days,.
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or .
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or .
- by requesting payment from the customer after the customer has placed the order .
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. 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..
2.5 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.
2.6 Before binding submission of the order via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online store about a corresponding payment restriction.
4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to refuse this payment method in the event of a negative credit check..
5) Delivery and shipping terms.
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the settlement of the transaction, the delivery address specified in the order processing of the seller is decisive..
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 If the customer is acting as an 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 carrier, the freight forwarder or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment 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 the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall 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 will be refunded without delay..
5.5 Self-collection is not possible for logistical reasons.
6) Contract duration and contract termination for subscription contracts.
6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the customer at any time without notice.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation facility (cancellation button) provided by the Seller on its website.
7) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance; .
- for new goods, the limitation period for defects is one year from delivery of the goods; .
- for used goods, the rights and claims due to defects are excluded; .
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of time limits shall not apply.
- for claims for damages and reimbursement of expenses of the customer, .
- for the case that the seller has fraudulently concealed the defect, .
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness, .
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements. .
8.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected..
8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects..
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible..
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor will it earn interest.
9.9 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 withdrawal.
9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder..
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
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 is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
12) Code of conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com
13) Alternative Dispute Resolution.
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.