General Terms And Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Dennis Bleise) on the website www.lebensmittel-versand.eu. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase order (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
As far as you use the instant payment system "PayPal - Express" by clicking on the corresponding button in the shop system, you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. With the "continue" button you will be redirected back to our online shop on the order overview page.
Insofar as you use the payment system "amazon-payments" by clicking on the "Pay via Amazon" button integrated in the shop system, you will be redirected to the log-in page of amazon.de. After successful registration, your shipping addresses and payment methods deposited with amazon.de will be displayed. You choose shipping address and payment method and will be redirected to our online shop via the "continue" button.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "order with payment" you submit a binding offer from us.
You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract yet.
If you pay via "amazon payments" you will receive this confirmation email from amazon.de.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (for example e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).
As far as you have chosen the payment system "amazon-payments", the acceptance of the offer takes place (conclusion of contract) within 2 days by confirmation by e-mail from amazon.de, in which you will be notified of the delivery of the goods.
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Contract Term / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in text form (eg e-mail) 3 weeks before the end of the contract (unless otherwise specified in the respective offer), it shall be tacitly extended by the agreed basic term. However, if the basic term exceeds one year, the contract will only be extended by one year.
(2) The right to terminate without notice for good cause remains unaffected.
§ 4 Special agreements to offered payment methods
(1) payment by payolution "purchase on account" (invoice purchase) and / or "installment payment"
For the payment methods "Purchase on account" (purchase of invoice) and / or "installment payment", we transfer our claim against you in full to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich (hereinafter referred to as "Bank"). All payments must be made exclusively to the bank on the account disclosed to you for the purpose of being debt-discharging.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase and in all other legally regulated cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our customer information (Part II).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance you can regularly trust.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
§ 8 protection of minors
(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legal minimum age.
Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you assure that you have reached the statutory minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or those persons authorized by you to receive the delivery who have reached the legal minimum age will receive the goods.
(3) Insofar as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legal minimum age, and in case of doubt the identity card of the To show the person receiving the goods to the age checker.
(4) Insofar as we show beyond the legally prescribed minimum age in the respective item description that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age of majority got to.
II. Customer information
1. Identity of the seller
Reinbeker Redder 283
Phone: 49 (0) 40 5247 186 0
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside of the online shopping cart system, you will receive all contract data by e-mail as part of a binding offer, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the code of honor of Trusted Shops GmbH, available at: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
5. Essential features of the product or service
The main features of the product and / or service can be found in the item description and the supplementary information on our website.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective article description, will be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
6.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
6.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. Terms of delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
8. Legal Right of Liability
8.1. There are statutory warranty rights.
8.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
9. Contract period / termination
Information on the term of the contract and the conditions of termination can be found in the regulation "Term of Contract / Termination of Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective article description.