General Terms and Conditions
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Transfer of Risk
7. Terms of Payment
8. Reservation of Title
9. Customer Account
10. Warranty for Material Defects and Guarantee
11. Liability
12. Storage of the Contract Text
13. Final Provisions
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all sales contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and H. Rademann GmbH Print + Business Partner, Baumschulenweg 1, 59348 Lüdinghausen (hereinafter “Seller”) with regard to the products offered by the Seller in the online store www.aus-gutem-grund-gesund.de (hereinafter referred to as the “Online Shop”). The General Terms and Conditions apply exclusively in the version valid at the time of the order. The inclusion of the customer’s own terms and conditions is expressly rejected.
1.2. You can reach our customer service for questions, complaints and objections Monday to Friday from 10:00 to 16:00 on the telephone number +49 25 91 – 91 74 0 and by email at info@aus-gutem-grund-gesund.de.
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).
1.4. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5. A merchant within the meaning of these GTC is any merchant under the German Commercial Code (HGB) with the exception of traders whose business does not require a commercially organized business operation in terms of its type and scope.
2. Conclusion of Contract
2.1. The object of the purchase contract is the sale of goods.
2.2. The conclusion of the contract and its execution shall be in German or English, depending on the language selected in the online store.
2.3. Conclusion of the contract
2.3.1. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding advertisement or an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.3.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Errors excepted.
2.3.3. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the “Add to cart” or “Buy now” button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the “Checkout” button.
2.3.4. By clicking the “Submit order” button at the end of the checkout page, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time using the “Shipping address” and “Billing address” buttons and go back to the shopping cart using the shopping cart symbol or the “Cart” button or cancel the order process altogether. Either required information is marked with an asterisk (*) or non-required information is marked with the addition “(optional)”.
2.3.5. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function of the browser (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance may also be effected by a request for payment sent by the seller to the customer and at the latest by completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.
2.3.6. In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
2.3.7. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
3. Right of Withdrawal
3.1. Consumers are entitled to a statutory right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4. Prices and Terms of Payment
4.1. All prices stated on the Seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery and Shipping Conditions
5.1. If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2. Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment may be decisive.
5.3. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the 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.
5.4. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.5. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
5.6. In the online store, customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.7. The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.
5.8. The customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the seller and the carrier of any complaints as soon as possible. The customer’s warranty claims remain unaffected by this. For any returns, the customer should, if possible, use the original packaging or packaging that corresponds to the shipping packaging with any protective devices of the seller in order to avoid damage to the goods.
5.9. The customer is not entitled to collect the goods himself, but collection by the customer can be agreed.
5.10. Both delivery and collection by the customer are subject to prior full payment of the goods by the customer.
5.11. For deliveries outside the EU, additional customs duties and taxes may apply. For details please refer to: http://ec.europa.eu/taxation_customs/index_de.htm Detailed information on import sales tax can be found at: http://auskunft.ezt-online.de/ezto/Welcome.do Information on import regulations into Switzerland can be found at: http://xtares.admin.ch/tares/login/loginFormFiller.do
6. Transfer of Risk
6.1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The stated delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.
The obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies among merchants. If the customer fails to notify the seller as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This shall not apply if the seller has fraudulently concealed a defect.
6.2. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them.
If goods are delivered with obvious transport damage, the customer is requested to complain about such defects to the deliverer as soon as possible and to contact the seller immediately. Failure by the customer to make a complaint or contact the seller shall have no consequences whatsoever for the customer’s legal claims and their enforcement, in particular his warranty rights. However, the customer shall help the seller to assert his own claims against the carrier or the transport insurance company.
7. Terms of Payment
7.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.
7.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3. If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
7.4. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
7.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
7.6. The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
8. Reservation of Title
8.1. The delivered goods remain the property of the seller until full payment has been made.
8.2. For customers who are entrepreneurs, the following also applies: The seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as title has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. The customer must immediately notify third parties of any seizure of the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third-party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. By way of security, the customer assigns to the seller in full all claims arising from the resale or other legal grounds with regard to the reserved goods (including all current account balance claims). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (by more than 50% if there is a realization risk). The selection of the securities to be released is incumbent on the seller. Ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer upon settlement of all claims of the Seller arising from delivery transactions. The selection of the securities to be released is incumbent on the seller.
9. Customer Account
9.1. If the functionality is activated, the seller provides the customer with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored with the seller. The information stored in the customer account is not public.
9.2. Customers can also place an order as a guest without having to create a customer account.
9.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances, insofar as this is necessary (e.g. the changed e-mail address in the event of a change or the changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
9.4. The customer account may only be used in accordance with the applicable statutory provisions, in particular the provisions on the protection of third-party rights, and in accordance with the seller’s GTC using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
9.5. Insofar as customers save, specify or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customer’s content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity and reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and cautions as well as bans.
9.6. Customers can terminate their customer account at any time. The seller may terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.
9.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to back up their data when terminating the customer account.
10. Warranty for Material Defects and Guarantee
10.1. Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.
10.2. The goods supplied by the seller are only guaranteed if this has been expressly stated. Customers are informed of the warranty conditions before initiating the order process.
10.3. If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognizable material defects immediately in writing, at the latest within two weeks of delivery, and of non-recognizable material defects immediately, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and color that are customary in the trade and permissible or minor in accordance with quality standards shall not constitute defects.
10.4. If the customer is an entrepreneur, the choice is between rectification or subsequent delivery of defective goods by the seller.
10.5. Without prejudice to the liability provisions of these General Terms and Conditions, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur’s recourse. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.
10.6. If the customer, who is an entrepreneur, has the defective item within the meaning of Section 439 (3) BGB in another item or attached it to another item in accordance with its nature and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and its customers).
11. Liability
11.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory requirements for claims.
11.2. The seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
11.3. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
12. Storage of the Contract Text
12.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2. The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.
12.3. Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.
13. Final Provisions
13.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance shall be the seller’s registered office, while the place of jurisdiction shall be the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the seller’s country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.
13.2. In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
13.3. The contract language is German or English, depending on the language selected in the online store.
13.4. The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
13.5. Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the applicable statutory provision. This contract shall be governed exclusively by German law.