General terms and conditions with customer information

1. Applicability
2. Offers and Description of Services
3. Order Process and Completion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availablity
6. Terms of Payment
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Storage of Contract Text
11. Competent Court, Applicable Law, Language of Contract

1. Applicability
1.1. For the business relationship between veggie specials by Veggielutions, Inhaber Matthias Beuger, Kaiser-Wilhelm-Ring 27-29, 50672 Köln (hereinafter named “vendor”) and the customer (hereinafter named “customer”) the following General Terms and Conditions of Trade apply exclusively in the version valid at the time the order was placed.
1.2. For questions, claims and complaints, contact our customer service by e-mail at [email protected]
1.3. Consumer in the sense of these General Terms and Consitions is any natural person who completes a transaction that predominantly can neither be ascribed to a commercial or self-employed business activity (Section 13 German Civil Code BGB).
1.4. Divergent terms stated by the customer will not be recognised, unless the vendor expressly agrees to their applicabiliy.

2. Offers and Description of Services
2.1. The presentation of the products in the online shop does not represent a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues or on websites belonging to the vendor do not entail any pledges or guarantees.
2.2. All offers aplly “while stocks last”, unless otherwise stated for the products. Errors remain excepted.

3. Order Process and Completion of Contract
3.1. The customer can select products from the vendors product range and use the button [place in shopping cart] to place them in the so-called shopping cart without any obligation to buy. The selection of products in the shopping cart can be changed or deleted. Finally the customer can proceed from the shopping cart using the button [Proceed to checkout] to complete the order.
3.2. The customer uses the button [Buy now] to place a binding order for the goods in the shopping cart. Before submitting the order, the customer can always change and view the data, as wall as using the bbrowser function “back” to return to the shopping cart or cancel the entire order process. Required entries are denoted with an asterisk (*).
3.3. The vendor then sends the customer an automatic confirmation of receipt by e-mail, in wwhich the customer’s order is listed once again and which the customer can print out using the “print” function (order confirmation). The automatic confirmation of receipt only documents that the vendor has received the customer’s order and does not represent an acceptance of the order. The purchase contract only comes into effect when the customer dispatches or transfers the ordered product to the customer within 2 days, or otherwise confirms within 2 days the shipment to the customer by means of a second e-mail, an expressly stated confirmation of the order or by sending the invoice to the customer.
3.4. Should the vendor offer advance payment, the contract comes into effect when the vendor sends the customer the bank data and a payment request. If the payment is not made within 10 calendar days of sending the order confirmation, despite the payment being due and the vendor having reminded the customer of the due payment, the vendor withdraws from the contract, with the effect that the order is invalid the the vendor is not obliged to deliver. The order thus lapses without further consequenses for either customer or vendor. An reservation for an item therefore applies for a maximum of 10 days in the case of advance payment.

4. Prices and Shipping Costs
4.1. All prices stated on the vendor’s website include the applicable German value added tax.
4.2. In addition to the prices stated, the vendor invoices shipping costs, which are clearly stated to the customer on an additional information page during the order process.

5. Delivery, Product Availablity
5.1. If advance payment is agreed upon, the order will be delivered after receipt of the inoiced amount.
5.2. If delivery of the goods should fail due to culpability of the customer despite three attempts to deliver, the vendor can withdraw from the contract. Any payments already made will be refunded to the customer without delay.
5.3. If the ordered product is not available, because it was not delivered to the vendor by the supplier through no fault of the vendor, the vendor can withdraw from the contract. In this case the vendor will inform the customer without delay and if possible suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish the delivery of a comparable product, the vendor will refund any payments already made without delay.
5.4. Customers will be informed as to delivery times and delivery restrictions (e.g. restirction of delivery to specific countries) on an additional web page or within the relevant product description.

6. Terms of Payment
6.1. The customer can choose from the available means of payment during and before completion of the order process. Customers will be informed as to the means of payment available on an additional information page.
6.2. If payment on invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. In case of all other methods of payment, the payment must be made in advance without deduction.
6.3. If third parties such as PayPal are commissioned with handling the payment their Terms and Conditions apply.
6.4. If payment is due according to the calender, the customer is already in default by missing the deadline. In this case the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the vendor claiming further damages caused by delay.
6.6. The customer only has a right to offset claims if the counter-claims have been found to be legally binding or have been recognised by the vendor. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title
The delivered goods remain the vendor’s property until full payment has been made.

8. Warranty and Guarantee
8.1. Warranty is determined by statutory regulations.
8.2. A guarantee only applies to the goods delivered by the vendor if expressly given by the vendor. Customers are informed about the guarantee conditions before the order process is initiated.

9. Liability
9.1. The following exclusions and limitations of the vendor’s liability for damage claims apply without prejudice to the statutory requirements for claims.
9.2. The vendor is liable inasmuch as the cause of damage is based on intent or gross negligence.
9.3. Furthermore the vendor is liable for the careless breach of essential duties, when the breach endangers the fulfilment of the contract, or for the breach of duties when the fulfilment of these duties is fundamental to due fulfilment of the contract and the customer as a matter of course trusts that they will be fulfilled. In this case the vendor is liable only for predictable damages typical to the contract. The vendor is not liable for any careless breach of duties not named in the preceding clauses.
9.4. The aforementioned limitations of liability do not apply to injury to life, body and health, for a flaw following acceptance of a guarantee for the condition of the product and to fraudulently concealed flaws. Liability pursuant to the German Act on Liability for Defective Products remains unaffected.
9.5. Inasmuch as the vendor’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

10. Storage of Contract Text
10.1. The customer can print out the contract text before submitting the order to the vendor, by using the browser’s print function in the last step of the order process.
10.2. The vendor also sends the customer an order confirmation containing all order data to the e-mail address given by the customer. With the order confirmation the customer also receives a copy of the Terms and Conditions, the Cancellation Policy, information on shipping costs and conditions of delivery and payment. If you have registered in our shop, you can view your submitted orders in your profile. In addition we store the contract text there but do not make it publicly available on the internet.

11. Competent Court, Applicable Law, Language of Contract
11.1. The competent and place of fulfilment is the the vendor’s business site, if the customer is a trader, a corporate body under public law or a special fund under public law.
11.2. The language of contract is German.
11.3. The European Commission’s Online Dispute Resolution website for consumers: http://ec.europa.eu/consumers/odr. We are not willing and not required to participate in dispute resolution proceedings with a consumer arbitration service.