General Terms and Conditions with Customer Information
Table of contents
- Scope
- Contract conclusion
- Right of withdrawal
- Prices and payment terms
- Delivery and Shipping Conditions
- Contract duration and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Euro Nutrador B.V. (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 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 attributable to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these terms and conditions 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.
1.4 The subject of the contract can – depending on the seller's product description – be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "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 term at the contractually owed intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer by email, fax, or telephone to the seller.
2.3 The seller can accept the customer's offer within five days,
- by sending 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 by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the applicable PayPal terms of use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order is sent. No further accessibility of the contract text by the seller takes place. If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.
2.6 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 to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German and English languages are available for concluding the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that 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 by the seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where he advances payment to the customer (e.g., invoice purchase or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, which the customer may be separately informed about. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com
4.6 When selecting the payment method invoice purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.
4.7 When selecting the payment method direct debit via Stripe, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the customer's bank account on behalf of the seller after the issuance of a SEPA direct debit mandate, but not before the deadline for the pre-notification has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the customer objects to the debit although not entitled to do so, the customer must bear the fees incurred by the reversal of the respective credit institution if the customer is responsible for this. The seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to reject this payment method in case of a negative credit check.
4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out 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 conduct a credit check and to reject this payment method in case of a negative credit check.
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified 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 bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-pickup is not possible for logistical reasons.
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite 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. Good cause exists if, taking into account all circumstances of the individual case and balancing the mutual interests, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Terminations can be made in writing, in text form (e.g., by e-mail), or electronically via the termination facility (termination button) provided by the seller on its website.
7) Retention of title
If the seller provides advance performance, they reserve ownership of the delivered goods until full payment of the owed purchase price.
8) Liability for defects (warranty)
8.1 Unless otherwise specified in the following provisions, the provisions of statutory warranty apply. Deviating from this, in contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects is one year from delivery of the goods for new goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.
8.3 The liability limitations and time reductions regulated above do not apply
- for claims of the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any possible obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
8.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Place of Jurisdiction
If the customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.
12) Code of Conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be found on the internet at http://www.trustedshops.com
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
