General Terms and Conditions
General Terms and Conditions with Customer Information
2. Conclusion of contract
3. Cancellation Right
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Reservation of Ownership
7. Liability for Defects
9. Applicable Law
1.1 These Terms and Conditions (“TC”) of Ralf Brosius (“the Seller”) apply to all contracts that a consumer or entrepreneur (“Customer”) concludes with the Seller concerning the products and/or services presented by the Seller in his online shop. Hereby, the inclusion of the Customer’s own terms and conditions is clearly rejected, except if something different has been agreed.
1.2 In these TC, a “consumer” is defined as any physical person who concludes a contract for a purpose which mainly can neither be attributed to his/her commercial business nor to his/her self-employed professional activities. In these TC, an “entrepreneur” is defined as any physical or legal person or company/joint partnership with legal capacity that in concluding a contract executes their independent professional or commercial activities.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop constitute no binding offers by the Seller, but rather are meant for the Customer to make a binding offer.
2.2 The Customer can make that offer via the online ordering form included in the Seller’s online shop. Thereby, after having put the chosen products and/or services in his/her virtual cart and having gone through the electronical ordering process, the Customer makes a legally binding contractual offer concerning the products and/or services contained in the cart by clicking on the button which concludes the ordering process. Additionally, the Customer can also make the offer to the Seller by phone.
2.3 The Seller can accept the Customer’s offer within five days,
– by sending a written order confirmation or an order confirmation in a written form (fax or email) to the Customer – in this case, receipt of the order confirmation by the Customer is decisive or
– by delivering the ordered goods to the Customer – in this case, receipt of the order by the Customer is decisive or
– by asking the Customer to pay after the later submitted his/her order.
If several of the above mentioned alternatives apply, the contract is valid from the moment when one of the above mentioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the above mentioned timeframe, this is considered a rejection of the offer resulting in the Customer no longer being bound by his/her declaration of intent.
2.4 If in the context of the online ordering process, the Customer chooses the payment method “PayPal Express”, by clicking on the button which concludes the ordering process, he/she also makes a payment order to his/her payment processor. In this case, the Seller – by way of derogation from provision 2.3 – already accepts the Customer’s offer at the moment when the Customer initiates the payment process by clicking on the button which concludes the ordering process.
2.5 The term for the acceptance of the offer starts on the day after the offer was submitted by the Customer and ends at the end of the fifth day after the offer was submitted.
2.6 If an offer is made via the Seller’s online form, the Seller saves the text of the contract and sends it to the Customer, after he/she submitted his/her order together with these TC in a written format (e.g. email, fax oder mail). Additionally, the text of the contract is archived on the Seller’s website and can be accessed for free by the Customer on his/her password-protected customer’s account when he/she enters the corresponding login data, provided the Customer has opened a customer’s account in the Seller’s online shop before submitting his/her order.
2.7 Until he/she submits the order via the online form and the order thus becomes binding, the Customer can constantly change his/her entered information via standard keyboard and mouse functions. Additionally, all entered information is once again shown in a confirmation window before the binding submission of the order and can also be corrected there via standard keyboard and mouse functions.
2.8 The contract can only be concluded in German language.
2.9 Order processing and the exchange of information usually take place via email and automatic order processing. The Customer has to make sure that the email address he/she entered for the processing of the order is correct so that he/she can receive emails sent by the Seller at this email address. Especially if the Customer uses SPAM filters, he/she has to make sure that all emails sent by the Seller or by a third party which deals with order processing in the Seller’s name can be delivered.
3) Cancellation Right
Consumers generally have a cancellation right. Further information on the cancellation right can be found in the Seller’s Cancellation Policy.
4) Prices and Terms of Payment
4.1 If nothing different is stated in the Seller’s offer, the prices shown on the website are final prices which include statutory value added tax. If there are additional delivery and shipping costs, these are stated separately in the respective product description.
4.2 For delivery into countries outside the European Union, there may be additional costs which the Seller is not responsible for and which have to be paid for by the Customer. This includes fees for money transfer by financial institutions (e.g. bank wire fees, exchange fees) or import fees and taxes (e.g. customs duties).
4.3 The Customer has various payment options which are stated in the Seller’s online shop.
4.4 If cash in advance has been agreed, payment is due immediately after the contract has been concluded.
5) Delivery and Shipping Terms
5.1 Goods are delivered through shipment to the delivery address entered by the Customer, if nothing different has been agreed. The binding address for the settlement of the transaction is the delivery address stated in the Seller’s order settlement. By way of derogation from this provision, if payment is done via PayPal, the binding address is the shipping address that is saved at Paypal at the time of payment.
5.2 If the forwarding agent sends the sent goods back to the Seller because they could not be delivered to the Customer, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance which made the delivery impossible or if he/she was temporarily impeded from accepting the offered service, except if the Seller had announced the time of the delivery in advance and in due time.
5.3 In general, the risk of any accidential loss or deterioration of the goods sold shall pass on to the Customer or the person authorised for receipt at the moment of delivery. If the Customer acts as an entrepreneur, the risk of accidential loss or deterioration in the shipment sale is passed to an appropriate forwarding agent at the Seller’s headquarters upon transfer of the goods.
5.4 The Seller reserves the right to withdraw from the contract in case of not proper or not correct self-delivery. This applies only if the Seller is not responsible for the non-delivery and he has concluded a hedging deal with the forwarding agent with appropriate care. The Seller will make all reasonable efforts to procure the goods. If the goods are not or only partially available, the Customer shall be informed immediately and compensation is returned immediately.
5.5 Collection of the goods by the Customer is not possible for logistic reasons.
6) Reservation of Ownership
6.1 In dealing with consumers, the Seller reserves the ownership of delivered goods until the sale price due has been paid completely.
6.2 In dealing with entrepreneurs, the Seller reserves the ownership of delivered goods until all amounts receivable from a current business relationship have been transfered completely.
6.3 If the Customer acts as an entrepreneur, he/she is authorised to resell the reserved goods in proper business dealings. All resulting claims to third parties the Customer assigns in advance to the Seller to the amount of the respective invoice value (including VAT). This assignment is effective no matter whether the reserved goods were resold without or after processing. The Customer retains his/her right to collect the claims even after the assignment. The Seller’s right to collect the claims himself shall remain unaffected thereby. However, the Seller will not collect the claims as long as the Customer performs his/her payment obligations towards the Seller, does not default in payment and no application for the opening of insolvency proceedings has been made.
7) Liability for Defects
If the sold good has a defect, the legal provisions apply. By way of derogation from this provision, the following shall apply to items which have been used for a construction not according to their customary use and which have caused its defectiveness:
7.1 For entrepreneurs
– an insignificant defect does not substantiate any defect claims in principle,
– the Seller has the choice of the kind of supplementary performance,
– for new goods, the limitation period for claims arising from defects is one year after transfer of risk.
– for used goods, any rights and claims arising from defects are excluded in principle.
– the limitation period does not start anew when a replacement shipment is made in connection with liability for defects.
7.2 For customers, the limitation period for claims arising from defects is
– two years after the delivery of the goods to the Customer, for new goods.
– one year after the delivery of the goods to the Customer, for used goods, with the limitation of provision 7.3.
7.3 Both for entrepreneurs and consumers, the aforementioned liability and claims limitation period restrictions in 7.1 and 7.2 do not apply to claims for damages and reimbursement for expenses which the Customer is allowed to make according to legal provisions due to defects according to provision 8.
7.4 For entrepreneurs, additionally, the legal limitation periods for the recourse claim according to § 478 BGB shall remain unaffected. The same applies to both entrepreneurs and consumers in case of deliberate violation of duties and/or fraudulent concealment of a defect.
7.5 If the Customer acts as a merchant in the sense of § 1 HGB, he/she has a commercial duty to inpect and notify of defects according to § 377 HGB. If the Customer does not perform his/her notification obligations according to these provisions, the goods are considered approved.
7.6 If the Customer acts as a consumer, he/she is asked to complain to the forwarding agent about delivered goods with evident transportation damage and to notify the Seller. If the Customer does not do so, this does not have any effect on his/her legal or contractuary claims arising from defects.
7.7 If supplementary performance has been made by a supplementary delivery, the Customer is required to return the first delivered goods to the Seller within 30 days at the Seller’s costs. The returning of the defective goods has to be effected according to legal requirements.
The Seller is liable to the Customer from all contractual, quasi-contractual and legal, also tort claims for damages and reimbursement for expenses in the following way:
8.1 The Seller has unlimited liability independently from the legal reason
– in case of intention or gross negligence,
– in case of negligious or intentious loss of life, bodily injury or damage to the health of a person
– due to a warranty promise if nothing different has been agreed
– due to mandatory liability, for example according to (German) Product Liability Act (Produkthaftungsgesetz).
8.2 If the Seller violates a cardinal contractual obligation due to negligence, liability is limited to damage that is foreseeable and typical for this kind of contract if there is no unlimited liability according to provision 8.1. Cardinal contractuary obligations are obligations which the contract puts on the Seller after he received it for achieving the purpose of the contract, the fulfillment of which is essential for proper implementation of the contract and the observation of which the Customer may rely on regularly.
8.3 In all other cases, the liability of the Seller is excluded.
8.4 Aforementioned liability provisions also apply to the Seller’s liability for his/her vicarious agent or legal representative.
9) Applicable Law
The Law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding laws on international selling of movable goods. For consumers, this choice of law applies only if this does not take away the protection granted by mandatory provisions in the legislation of the state in which the consumer’s habitual residence is situated.
Changefood Ralf Brosius
82319 Starnberg, Germany
Available by phone: Monday to Friday 10 a.m. to 6 p.m. Please contact us via email if possible. Thank you.
Owner/Responsible for the shop:
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