GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
The special terms and conditions for vouchers can be viewed at the end of these terms and conditions.
- 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in the online shop of
Madre Tierra UG
Managing director:Karl Carstens
(2) The range of goods in our online shop is aimed exclusively at buyers over the age of 18Have completed the year of their life.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditionsThe general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed againThe inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid general terms and conditions on our website [enter link]The text of the contract will not be saved.
- 2 conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contractRather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button ["order now with obligation to pay" / "buy"] you are submitting a binding purchase offer (§ 145 BGB)Immediately before placing this order, you can check the order again and, if necessary, change itcorrect.
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt)This confirmation of receipt does not yet represent an acceptance of your purchase offerThe confirmation of receipt does not constitute a contract.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer (order confirmation) or if we send the goods to you - without a prior express declaration of acceptanceYour application can only be accepted by us up to the point in time at which you can expect the response to be received under regular circumstances (Section 147 para2 BGB)Exception:when paying in advance and using PayPal, the order is accepted immediately with your order.
- 3 prices
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive ofthe respective shipping costsFurther information on shipping costs can be found on our website under ["Shipping information"/"Delivery conditions" ].
- 4 terms of payment; Default
(1) Payment can be made either by:
Invoice, (if specified)
Prepayment, (if specified)
Cash on delivery (if specified)
(2) We are responsible for selecting the payment methods available in each caseIn particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
(3) If you choose the payment method in advance, we will give you our bank details in the order confirmationThe invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(4) When paying by cash on delivery, an additional fee in the amount of the fee specified by the shipping service provider is due, which the deliverer charges on siteThere are no other costs or taxes.
(5) If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization)Your credit card account will actually be charged at the time we send the goods to you.
(6) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering processIn order to be able to pay the invoice amount via PayPal, you must be registered there orfirst register, legitimize with your access data and the payment order.
confirm to usAfter placing the order in the shop, we ask PayPal to initiate the payment transactionYou'll get more information during the ordering processThe payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may haveto bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in an account or due to incorrectly transmitted bank account details.
(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rateFor every reminder sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher amount is charged in individual caseshigher damage is proven.
- 5 Offsetting/right of retention
(1) You only have a right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
- 6 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent hedging transaction)The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediatelyIn addition, we must not have taken the risk of procuring the ordered goodsIf the goods are not available, we will immediately reimburse you for payments already madeWe do not assume the risk of having to procure an ordered product (procurement risk)This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods)We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in fullPledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of businessIn this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resaleWe accept the assignment, but you are authorized to collect the claimsIf you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%The selection of the securities to be released is our responsibility.
- 7 cancellation policy
See the menu item cancellation policy
- 8 Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rightsHowever, they help us to meet our own claims against the carrier orto be able to claim the transport insurance.
- 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ffBGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one yearThis limitation does not apply to claims based on damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with§ 438 para1 No.3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise, statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with the necessary care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goodsTimely dispatch is sufficient to meet the deadlineThis also applies to hidden defects discovered later from their discoveryIn the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of repair or replacement (subsequent performance) at our optionIn the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
- 10 liability
(1) Unlimited liability:We have unlimited liability for willful intent and gross negligence as well as in accordance with the Product Liability ActFor slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies:In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation)The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expectedThis limitation of liability also applies in favor of our vicarious agents.
- 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolutionThis gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a courtThe dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.
(2) We endeavor to amicably resolve any differences of opinion arising from our contractIn addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
- 12 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG,"UN Sales Convention")Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Copyright:HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org
Chausseestrasse 13, 10115 Berlin, Tel(030) 28 30 57 40, Fax (030) 28 30 57 4
General terms and conditions (GTC) for gift vouchers from Madre-Tierra Online Shop
The following terms and conditions determine the conditions under which coupons from Madre Tierra UG, Prinzregentenstr18, 10717 Berlin, by Madre Tierra or its partners.
- 1These terms and conditions apply to all vouchers issued by Madre Tierra UG, Karl Carstens, which are either issued via the online shop www.madre-tierra.de , via direct sales by Madre Tierra or via other Madre Tierra partnerspurchased by the customer.
- 2All vouchers that can be proven from Madre Tierra UG, Prinzregenstenstr18, 10717 and issued by Madre Tierra UG and its partners are valid for 3 years from the date of issueAn exchange ora return for the purpose of reimbursement of the purchase price expires with the aforementioned period.
- 3Purchased vouchers can only be used to purchase goods from the Madre Tierra online shop at www.madre-tierra.de .
- 4thThe voucher is valid for all products listed in the shop, but not for purchasing other vouchersA cash payment is not possibleA remaining payment or credit is also not possibleThe voucher can only be used onceVouchers lose their effectiveness after a single use.
Madre Tierra, Karl Carstens, Prinzregenetenstr. 18, 10717 Berlin