General Terms and Conditions of Business
Terms of contract within the scope of purchase contracts concluded via the platform https://shop.sunflowerfamily.de
Am Mühlbach 38
D-87487 Wiggensbach /Allgäu
Phone: +49 8370 922 8010
Management: Nicole Breisinger and Oliver Schenkmann
Commercial register: HRB 12992
Legal domicile: Kempten / Allgäu
Sales tax ID number: DE 301481333
– hereinafter referred to as “provider“ –
the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers”.
§ 1 SCOPE OF APPLICATION
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
(1) The customer can select products from the provider’s range and collect them in a so-called shopping basket by clicking the “Add to basket” button. By clicking on the button “Buy now”, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order with Sunflower Family” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarised in this e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in the languages: German.
§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT MODALITIES
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (invoice address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria.
(4) The customer can make payment by invoice, direct debit, credit card and PayPal. Payment processing is carried out via PayPal Plus.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 RESERVATION OF PROPERTY
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the supplier’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of a possible right of withdrawal.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 WARRANTY FOR MATERIAL DEFECTS
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 7 LIABILITY
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies to contracts between the supplier and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND SECTION 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR), which you can https://ec.europa.eu/consumers/odr find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
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