1. Scope of application
a. The following shall apply exclusively to the business relationship between us, Euroseptica C. Fuchs GmbH, Langenwangen 16, D-79112 Freiburg, Germany (hereinafter referred to as "Seller") and the Customer (hereinafter "Buyer") General Terms and Conditions in their version valid at the time of the order. Deviating conditions of the buyer are not recognized, unless the seller explicitly agrees to their validity in writing.
b. The identity and address of the vendor can be found in the vendor identification (imprint)
2. Conclusion of contract
a. The assortment presented in the Seller's Onlineshop does not constitute a binding offer on the part of the Seller, but serves as a call for a binding offer by the Buyer.
b. The buyer can select products from the assortment of the online shop and collect them in a virtual shopping cart using a button labeled "Add to cart". At any time, the buyer can view the content of the shopping basket by clicking the "Shopping Cart" button and change it by removing, adding or customizing items..
c. By clicking on the "go to checkout" button, the buyer has the option of logging in to his / her account or registering for such an account and thus entering or selecting his / her address. Once again, the buyer can see the selected articles in the shopping basket and change them by removing or modifying items. Likewise, the buyer has the option to select the payment method. Via the button "order for payment", he makes a binding offer for the purchase of the goods in the shopping basket.
d. The Seller shall immediately confirm the receipt of the Offer by means of an automatic acknowledgment of receipt by means of an automatic acknowledgment of receipt in which the Purchaser's order is re-listed and which the Purchaser can print out for printing via the function provided by his terminal.
e. The seller accepts the offer of the buyer by sending this acknowledgment of receipt.If the seller has asked the buyer after delivery of his order for the payment of the purchase price and the confirmation of receipt at this time has not yet passed, the seller accepts the offer of the buyer implicitly By this payment request.
f. Contract language is German.
g. The contract text is stored by the seller and sent to the buyer after sending his order in addition to the present GTC and the revocation instruction in text form. In addition, the contract text is archived on the website of the seller and can be retrieved by the buyer via his password-protected customer account provided the buyer has created a customer account in the seller's online shop before sending his order.
3. Prices and costs
a. All prices stated on the website of the seller are understood as total prices including the applicable legal value added tax.
b. Any additional shipping and shipping costs will be indicated separately in the respective product description and in the order form and shall be borne by the buyer insofar as the buyer does not make use of his right of revocation as a consumer.
c. If the seller delivers to countries outside the European Union, additional costs may be borne by the purchaser. These include, for example, money transfer costs (for example, transfer fees, foreign currency costs) or import duties or taxes (for example, duties and import turnover tax).
d. The maturity of the purchase price depends on the type of payment offered by the seller and the payment chosen by the buyer.
i. In principle, the payment is due immediately after conclusion of the contract by prepayment, if available as direct debit.
ii. If the seller offers the payment method "cash on delivery" and the buyer chooses this, payment with delivery of the goods is due.
iii. If the seller offers the payment method "On account" and the buyer chooses it, the purchase price is to be paid without deduction within 10 days from receipt of the invoice and delivery of the goods, unless otherwise agreed.
4. Delivery, availability
a. The dispatch of the goods takes place by mail or package, unless otherwise agreed.
b. The buyer is responsible for the shipping risk if the buyer is a consumer. This does not apply if the buyer is an entrepreneur.
c. The seller reserves the right to withdraw from the contract in case of incorrect or non-correct self-deliveries. This applies only in the event that the non-delivery is not the responsibility of the seller and that the latter has concluded a concrete cover transaction with the supplier. In the case of non-availability or partial availability of the goods, the purchaser shall be immediately informed thereof and any consideration already paid shall be reimbursed without delay.
a. The seller is liable for material defects according to the applicable legal regulations, in particular § 434 ff. BGB.
b. If the buyer is an entrepreneur, an insignificant defect does not in principle constitute any deficiency claims. In addition, the seller has the choice of the type of supplementary performance. In addition, in the case of new goods, the limitation period for defects is one year from the transfer of risk; in the case of used goods, the rights and claims due to defects are in principle excluded. Finally, the limitation period does not begin again if a replacement delivery takes place within the scope of the defect liability.
c. If the buyer is a consumer, the limitation period for claims for warranties of used goods is one year from delivery of the goods to the buyer.
d. The above limitation of liability and limitation periods shall not apply to guarantees issued by the Seller; For damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty on the part of the seller or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the seller; For other damages which are caused by an intentional or grossly negligent breach of duty on the part of the seller or a legal representative or vicarious agent of the seller, as well as in the event that the seller has maliciously concealed the defect.
In addition, it applies to entrepreneurs that the statutory periods of limitation for the recourse claim pursuant to § 478 ff. BGB remain unaffected.
6. Proprietary reservation
a. The seller reserves the right to ownership of the delivered goods until full payment of the purchase price owed to consumers.
b. In the case of entrepreneurs, the Seller reserves the right to ownership of the delivered goods until full settlement of all claims arising from a current business relationship.
c. If the buyer acts as an entrepreneur, he is entitled to resell the reserved goods in the proper business. The purchaser assigns all claims arising therefrom against third parties in advance to the seller in the amount of the respective invoice value (including value-added tax). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The buyer is also authorized to collect the claims after the assignment. The power of the seller to collect the claims himself remains unaffected. However, the Seller will not collect the receivables as long as the Purchaser meets his payment obligations to the Seller, is not in default with payment and no application for opening insolvency proceedings is filed.
7. Dispute resolution
a. The EU Commission has provided a platform for online dispute settlement. This platform is available under the following link: http://ec.europa.eu/consumers/odr/
b. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer-enforcement agency.
8. Final provisions
a. The laws of the Federal Republic of Germany shall apply to contracts between the seller and the buyer, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
b. If the buyer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relations between the buyer and the seller is the place of business of the seller.