General terms and conditions with customer information
Table of contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Contract duration and contract termination for subscription contracts
7. Reservation of title
8. Liability for defects (warranty)
9. Redemption of campaign vouchers
10. Redeeming gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "GTC") of Adonis Foods Europe GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer ") With the seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity Goods by way of a one-time delivery as well as the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can make the offer via the Submit online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post or via the online contact form.
2.3 The seller can accept the customer's offer within five days,
by he sends 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, or
- by delivering the ordered goods to the customer, whereby the receipt of the Goods are decisive for the customer, or
- by asking the customer to pay after submitting his order.
2.5 When selecting the payment method " Amazon Payments ", the payment is processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter:" Amazon "), subject to the Amazon Payments Europe user agreement, available at https: // payments. amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the seller's online order form the text of the contract is saved by the seller after the contract is concluded and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The contract text is not made available by the seller beyond this.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify 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 enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The Order processing and contact usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers have a fundamental right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's instructions on withdrawal Belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include the statutory sales tax Outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option / s will / will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "IMMEDIATELY" is selected the payment processing via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/. 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution if he is responsible for this . The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.
4.7 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by 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 carry out a credit check and to reject this payment method if the credit check is negative.
5) Delivery and dispatch conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing 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.This does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of revocation. For the return costs, if the customer effectively exercises the right of revocation, the provisions in the seller's cancellation policy apply.
5.3 Pick-up is for logistical reasons not possible.
5.4 Vouchers are given to the customer as follows:
- by email
- by post
6) Contract duration and contract termination for subscription contracts
6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without observing a notice period.
6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Terminations must be in writing or in In text form (e.g. by email).
7) Retention of title
If the seller makes an advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2 If the customer is a consumer, he is asked to complain to the deliverer about goods that are clearly damaged in transit 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.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be purchased in the online shop of the seller and can only be redeemed within the specified period.
9.2 Individual products can be excluded from the voucher campaign, provided that there is a corresponding restriction from the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be reimbursed by the seller.
9.6 If the value of the campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The credit of a campaign voucher is neither in Cash paid out with interest.
9.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The campaign voucher is only for use by those named on it Person determined. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller's online shop, provided that nothing can be found in the voucher different results.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional goods Gift vouchers can be used.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The credit balance of a gift voucher is neither paid out in cash nor is interest paid .
10.8 The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11) Applicable law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11.2 Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims 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 call the court at the customer's registered office.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.