General terms and conditions of business
General terms and conditions of business
Terms and conditions within the framework of sales contracts concluded via the platform https://wisefood.de
- hereinafter referred to as "Provider" - -
the users of this platform designated in § 2 of these General Terms and Conditions - hereinafter referred to as "Customer/Customers" - are concluded.
§ 1 Scope of application
For the business relationship between the provider and the customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's assortment and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "Buy now", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider will then send the customer an automatic confirmation of receipt with the subject "Confirmation of your order with wisefood" 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 provider. The content of the order is summarized in this confirmation. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions 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.
(3) The contract is concluded in the languages German.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The customer can pay by credit card, immediate bank transfer or PayPal.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider, are inclusive of the respectively valid legal sales tax.
(2) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of 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 the Customer's claims for damages are based on injury to life, body 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 made directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ Article 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of 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 location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective. [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][/vc_row]