Terms of Service
Terms of contract in the context of purchase contracts via the online shop https://shop.sunflowerfamily.de
in between
Sunflower Family GmbH
Am Mühlbach 38
D-87487 Wiggensbach / Allgäu
Telephone: +49 8370 922 8010
Email: info@sunflowerfamily.de
Management: Nicole Breisinger and Oliver Schenkmann
Commercial register: HRB 12992
Place of jurisdiction: Kempten / Allgäu
Sales tax ID number: DE 301481333
– hereinafter referred to as “provider” –
and
the users of this platform referred to in § 1 of these General Terms and Conditions ("GTC") - hereinafter referred to as "customer/customers".
§ 1 SCOPE OF APPLICATION
(1) The following terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) Customers within the meaning of these GTC are both consumers and entrepreneurs. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB). Entrepreneur within the meaning of these terms and conditions is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(3) The offer in the online shop is aimed exclusively at customers who have reached the age of 18.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of the products in the provider's online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of the products in the provider's online shop do not have the character of an assurance or guarantee.
(2) The customer can select products from the range of the provider without obligation and collect them in a so-called shopping cart by clicking on the button "ADD TO THE SHOPPING CART". Within the shopping cart, the product selection can be changed, eg deleted. The customer can then continue the ordering process within the shopping cart by clicking the "CHECKOUT" button. You can use the "CONTINUE SHOPPING" button in the shopping cart to select additional products and add them to the shopping cart even after the shopping cart has been processed. The ordering process can then be continued again using the "CHECKOUT" button.
(3) During the ordering process, the customer is asked to provide the necessary information, in particular the delivery address, billing address and payment method. The customer is obliged to provide truthful and complete information.
(4) Before the customer can submit a binding application to purchase the products in the shopping cart via the "Pay now" button, he must accept these GTC by clicking on the "I have read and accept the General Terms and Conditions" button and thereby convert them into accept his request and - if the customer is a consumer - confirm by clicking on the button "I have read the data protection regulations and the cancellation policy" that he has read and acknowledged the information about his right of cancellation and the privacy policy.
(5) The customer then submits a binding request to purchase the products in the shopping cart by clicking on the "Pay now" button. Before sending the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the ordering process altogether. Information required for the ordering process is marked with an asterisk (*).
(6) The provider then sends the customer an automatic confirmation of receipt by e-mail with the subject “Your sunflowerFamily order”, in which the customer’s order is listed again and which the customer can print out using the “Print” function (“ order confirmation"). The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent acceptance of the application.
(7) The provider is entitled to confirm the customer's order within 5 days of receipt by sending an order confirmation in text form (e.g. e-mail), in which the customer is informed of the processing of the order or the delivery of the products ( "Order Confirmation"), or by sending the Products. After the deadline has expired without result, the offer is deemed to have been rejected, so that no purchase contract is concluded.
(7) When submitting an offer via the Provider's online order form, the text of the contract is saved by the Provider for transmission to the customer ("contract text storage") and sent to the customer after his order has been sent, together with these General Terms and Conditions, cancellation policy, information on shipping costs and Terms of delivery and payment in text form (e.g. e-mail, fax or letter), at the latest upon delivery of the products. In addition, the provider saves the text of the contract, but does not make it publicly accessible except for these terms and conditions.
§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (6) of these General Terms and Conditions).
(2) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria.
(3) If the ordered product is not available because the supplier is not supplied with this product or with the necessary raw materials by his supplier through no fault of his own (self-supply reservation), the supplier can withdraw from the contract. In this case, the provider will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to have a comparable product delivered, the provider will immediately reimburse the customer for any consideration already paid.
(4) In cases of force majeure (unforeseen circumstances and events for which the provider is not responsible and which could not have been avoided with the diligence of a prudent businessman, e.g. labor disputes, war, fire, transport obstacles, lack of raw materials, import and export restrictions, official measures, pandemics , epidemics or other disruptions to operations), the provider is released from the obligation to deliver for the duration and to the extent of the impact. The provider will immediately notify the customer of the occurrence and cessation of force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible. Provider and customer will agree on how to proceed in the event of force majeure. Irrespective of this, each contracting party is entitled to withdraw from the orders affected by this if the force majeure lasts more than four weeks after the agreed delivery date.
(5) The provider is entitled to make partial deliveries and partial services at any time that are reasonable for the customer.
(6) The customer can choose from the available payment methods as part of and before completing the ordering process. The available payment methods can be viewed in advance in the online shop.
(7) If third-party providers are commissioned to process payments, e.g. PayPal Plus or credit card companies, their general terms and conditions of contract and payment apply in the current version available on the respective website.
(8) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 RESERVATION OF TITLE
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) In addition to the stated prices, the provider calculates delivery and shipping costs to be borne by the customer. The corresponding shipping costs are given to the customer in the ordering process.
§ 6 WARRANTY FOR DEFECTS
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) The provider points out that all information provided by him about the suitability and possible uses of the products is based on analyzes and many years of experience, but that this information may differ in the specific case of use by the customer. The information is general guidelines. The information provided is therefore fundamentally non-binding and does not become part of the contract unless a different agreement is expressly made with the customer.
§ 7 LIABILITY
(1) The following exclusions and limitations of liability apply to the liability of the provider for damages, notwithstanding the other statutory entitlement requirements:
(2) The provider is liable without limitation in the event of intent or gross negligence.
(3) Furthermore, the provider is liable for the slightly negligent breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies and may rely, i.e. rights and obligations that the contract has to grant according to its content and purpose. In this case, however, the provider is only liable for the foreseeable, contract-typical damage. The provider is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(5) The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. The provisions of the Product Liability Act also remain unaffected.
(5) Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 8 Statute of limitations for entrepreneurs
(1) If the customer is an entrepreneur, the general limitation period for customer claims arising from material defects and defects of title is one year from delivery, in deviation from Section 438 (1) No. 3 BGB.
(2) The above limitation periods do not apply to limitation periods of the Product Liability Act. Sections 438 (1) No. 1, No. 2 and 438 (3) BGB also remain unaffected. The statutory limitation periods apply exclusively to claims for damages by the customer in accordance with Section 7 of these General Terms and Conditions.
§ 9 data protection
All processing of personal data takes place in accordance with the provisions of the EU General Data Protection Regulation (“GDPR”) in the version applicable since May 25, 2018 and in particular the statutory data protection provisions of the Federal Data Protection Act (BDSG). It is necessary for the conclusion of the contract that the customer provides his personal data, which is then used to process the order. Mandatory information required for the processing of the contracts is marked separately, further information is voluntary. The provider processes the data provided to process the order. For this purpose, payment data can be passed on to the provider's house bank. The legal basis for this is Art. 6 (1) sentence 1 lit. b GDPR. The detailed data protection regulations can also be viewed at https://shop.sunflowerfamily.de/policies/privacy-policy . These contain detailed information on how personal data is handled, how it is protected and what rights the customer has in this regard.
§ 10 Right of withdrawal for consumers
(1) If the customer is a consumer, he has a right of withdrawal when concluding a distance selling transaction for the purchase of goods, taking into account Section 10 (3).
(2) If the customer makes use of his right of withdrawal according to § 10 (1), he has to bear the regular costs of the return.
(3) The statutory right of withdrawal mentioned in § 10 (1) does not exist in cases of § 312g Para. 2, 3 BGB. This applies in particular to contracts:
(i) for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
(ii) for the supply of goods which are liable to spoil quickly or which would quickly expire;
(iii) for the delivery of sealed goods which, for reasons of health protection or hygiene, are unsuitable for return if their seal has been broken after delivery;
(iv) for the delivery of goods if, after delivery, these have by their nature been inseparably mixed with other goods;
(4) In accordance with the statutory template, information is provided below about the right of withdrawal specified in Section 9 (1). Furthermore, a model cancellation form is attached to the following cancellation policy:
– Beginning of the cancellation policy –
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us
Sunflower Family GmbH
Am Mühlbach 38
D-87487 Wiggensbach
Telephone: 0049 (0)8370 9228010
Fax: [if available]
Email: […]
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation -
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back
– To SunflowerFamily GmbH, logistics center, Am Mühlbach 38, 87487 Wiggensbach,
[email address] or by fax to [no.].
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (____________________________________________________________)
– Ordered on (*) (________)/received on (________) (*)
– Name of consumer(s): _________________________________________________
– Address of the consumer(s): ________________________________________________
________________________________________
Date, Signature (only if notification is on paper)
—————————————
(*) Delete where not applicable.
§ 11 FINAL PROVISIONS, JURISDICTION, PLACE OF PERFORMANCE; GOVERNING LAW
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law. 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.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction is the registered office of the provider.
(3) The EU Commission has provided a platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The provider is not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
(4) Should individual provisions of these General Terms and Conditions be or become wholly or partially void, unenforceable or impracticable, the validity of the remaining provisions of these General Terms and Conditions shall not be affected. In such a case, a provision that comes as close as possible to the spirit and purpose of the provision in question shall apply in place of the void, unenforceable or unenforceable provision. The same applies if these GTC contain an unintended loophole.
ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ART. 14 ABS. 1 ODR-VO AND § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr findst. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
