General Terms and Conditions of Business for the Online Shop
§ 1 General Terms and Conditions
- These General Terms and Conditions of Business for the Online Shop “www.ayurveda-parkschloesschenshop.de” (hereinafter “the Online Shop”) of the Ayurveda Parkschlösschen Bad Wildstein GmbH, represented by Managing Directors Brigitte Preuß and Kay-Uwe Brehm, Wildbadstraße 201-207, 56841 Traben-Trarbach, (hereinafter referred to as the “Seller”) shall be deemed agreed upon for all contractual and business relationships that arise between the Seller and its customers (hereinafter jointly referred to as the “Buyer”).
- Contracts are concluded both with “Consumers” as well as with “Entrepreneurs”.
- A “Consumer” is a natural person who concludes a legal transaction that can neither be attributed to commercial business activity nor to a person’s professional occupation.
- Pursuant to § 14 of the German Civil Code, an “Entrepreneur” is a natural or legal person or partnership having legal standing that concludes legal transactions in the exercise of trade, business or professional activities. A partnership having legal standing is a partnership that has the capacity to acquire rights and to incur liabilities.
§ 2 Conclusion of Contracts
- All purchasable products, articles and services presented within the scope of the online shop do not constitute binding offers of sale by the Seller in the legal sense, but rather represent invitations to the Buyer to offer to buy such products, articles, and services.
- After the Buyer makes an order for the purchase of a product, article or service, the Buyer then immediately thereafter receives an Email from the Seller, which acknowledges receipt of the order by the Buyer, but which acknowledgment nevertheless does not yet constitute a legally binding contractual acceptance of the offer of purchase. That contract of sale is first created by the separate actual confirmation of the Buyer’s order by the Seller.
§ 3 Prices, Value-Added Tax (“VAT”, UK) viz. Sales Tax (USA), Payment
- All stated prices are full purchase prices that include the mandatory value-added tax viz. sales tax (German Mehrwertsteuer, abbr. MwSt) together with any applicable shipping and handling costs, depending on delivery type (see § 4 below).
- The Seller offers the following payment options: bank transfer (prepayment), credit card (Visa and Mastercard via PayPal) and PayPal. The Ayurveda Parkschlösschen Bad Wildstein GmbH processes the invoices electronically.
In the case of each order, the Seller reserves the right not to offer certain types of payment but rather to refer to other payment methods.
The purchase price becomes due at the time the sale is closed and is payable promptly by the Buyer without a discount. Fees of banks and savings banks that arise because of the provision of incorrect account information or the reversal of payments, which are not the fault of the Ayurveda Parkschlösschen Bad Wildstein GmbH, will be charged to the Buyer.
Please transfer the invoiced amount to the following bank account:
Vereinigte Volksbank Raiffeisenbank eG
Ayurveda Parkschlösschen Bad Wildstein GmbH
IBAN: DE42 5606 1472 0007 8451 88
Please include the order invoice number and remittance purpose on the bank transfer form.
§ 4 Terms of Delivery, Shipping Costs, and Transfer of Risk
- Delivery within Germany is subject to a flat rate charge of EUR 7.50. This charge is not applied to orders of EUR 100.00 or more. The flat rate charge for countries in Zone 1 (within the European Union) is EUR 17.00, and Zone 2 (Switzerland and other European countries) is EUR 30.00. The Ayurveda Parkschlösschen Bad Wildstein GmbH reserves the right to deliver goods to customers only in normal household quantities.
- No deliveries are made by the Ayurveda Parkschlösschen Bad Wildstein GmbH to countries in zones 3 through 8.
- Dispatch (delivery via a shipping company) is made promptly after receipt of the purchase price viz. respective notification of payment by PayPal.
- The terms of delivery and conditions of payment of the Seller are detailed more closely in the order form.
- On the last page of an order, prior to order submission, there is again an overview of the essential features of the products, articles or services ordered, the full price of the wares, and includes all related aspects of the order such as shipping and handling costs.
- If the Buyer is a “Consumer” within the meaning of § 13 of the German Civil Code, then the risk of shipping is carried exclusively by the Seller. On the other hand, if the Buyer is an “Entrepreneur” within the meaning of § 13 of the German Civil Code, then the shipping risk is carried by the Buyer as soon as the Seller has dispatched the wares to the shipping company or to persons or institutions charged with delivering the shipment.
- The normal delivery time for ordered goods is 3 to 4 business days. If a product is not deliverable because of unforeseeable circumstances (force majeure) or production stoppage, and if the Ayurveda Parkschlösschen Bad Wildstein GmbH is unable to obtain the goods through reasonable measures, provided that such circumstances arose after the making of a contract of sale and are beyond the power of the Ayurveda Parkschlösschen Bad Wildstein GmbH to change, then the Ayurveda Parkschlösschen Bad Wildstein GmbH is freed from the contractual obligation of delivery. The purchaser will be informed immediately by the Ayurveda Parkschlösschen Bad Wildstein GmbH about the circumstances of non-delivery. In addition, the Buyer will promptly be reimbursed for any consideration already paid.
- Tracking of deliveries as well as notice of shipment via email will be carried out through DHL Paket GmbH.
§ 5. Right of Order Cancellation
Right of Order Cancellation and the Cancellation Form
The following cancellation policy applies only to “Consumers” (see § 1 of the General Terms and Conditions of Business for the Online Shop www.ayurveda-parkschloesschenshop.de).
The buyer has the right, within fourteen days and without giving any reason, to cancel the contract of sale and to return undamaged, the products purchased in the online shop of the Ayurveda Parkschlösschen Bad Wildstein GmbH. The fourteen-day right of order cancellation begins on the day on which the Buyer, or a third person or persons designated by the Buyer, but not the carrier of the goods, take(s) the goods into possession.
In order to exercise the right of order cancellation, the Buyer must inform the Seller (Ayurveda Parkschlösschen Bad Wildstein GmbH, represented by Managing Directors Brigitte Preuß and Kay-Uwe Brehm, Wildbadstraße 201-207, 56841 Traben-Trarbach, Telephone: +49 6541-7050, Email: ) by means of a clear statement (for example, via a postal letter, telefax or email) of the decision to cancel the contractual order. The buyer can use the suggested cancella-tion form that is included here below, the use of which is not, however, obligatory.
The sending of the cancellation notice within the prescribed period is sufficient for compliance with the cancellation deadline.
Consequences of Order Cancellation
If the Buyer cancels his or her contractual order, it is the obligation of the Seller, within fourteen days of the Seller’s receipt of the Buyer’s proper notice of cancellation, to return all payments to the Buyer that the Seller has received from the Buyer, including the costs of shipment (except for addi-tional costs accrued because of the Buyer’s choice of a different form of delivery than the Seller’s standard delivery, and excepting the Buyer’s return of only a portion of the ordered goods). The repayment is to be made in the same form as payment was made by the Buyer in the original trans-action, unless some other procedure is agreed upon expressly between Buyer and Seller, in which case fees will be charged to the Buyer for the repayment. The Seller may withhold repayment until the Seller has received the goods to be returned or until the Buyer has provided the Seller with evi-dence that the Buyer has in fact sent the goods back to the Seller, whichever is first.
The Buyer must promptly and in any case within fourteen days from the day that the Buyer pro-vides the Seller with notice of his or contractual order cancellation, send or personally return the applicable goods to the Seller. The return deadline is met if the Buyer sends the Seller the goods prior to the expiration of the aforesaid fourteen days. The Buyer carries the costs of returning the goods to the Seller. The buyer is liable for any diminished value of the returned goods resulting from a handling of the goods other than for normal examination of the condition, characteristics and functionality of the goods.
– End of the Cancellation Policy –
Exclusion of Order Cancellation
The Right of Order Cancellation Does Not Exist for the Following Contracts:
- Contracts for wares not prefabricated and for whose manufacture an individual selection or choice by the consumer are determinative, or wares which have been customized to the personal needs of the consumer.
- Contracts for the delivery of perishable goods that can spoil quickly or whose expiration date would be exceeded
- Contracts for the delivery of alcoholic beverages, whose price was fixed at the time of the closing of the contract, but which can be delivered at the earliest 30 days after contract closure, and whose actual value is dependent on market fluctuations over which the firm has no influence.
- Contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
The Right of Order Cancellation can expire for the Following Contracts:
- Contracts for the delivery of sealed goods, which for reasons of health protection or hygiene are not suitable for return, if the seal has been broken after delivery,
- Contracts for the delivery of goods, which after delivery, because of their characteristics, have been inseparably mixed with other goods,
- Contracts for the delivery of audio or video recordings or computer software in sealed pack-aging, if the seal has been broken after delivery,
- Contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
Suggested Cancellation Form
If the Buyer has decided to cancel his or her contractual order, then the suggested form below is to be filled and sent to the Seller:
Ayurveda Parkschlösschen Bad Wildstein GmbH
Telephone: +49 6541-705-0
I (We) (*) hereby cancel my (our)(*) contractual order for the purchase of the following prod-uct(s) viz. (the following service(s)) (*)
Order dated (*) / received on (*)
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only if the notice is in writing on paper)
(*) Please cross out what is not applicable
§ 6 Reservation of the Title of Ownership
The title of ownership to delivered wares remains with the Seller until the purchase price has been paid in full.
§ 7 Statutory Warranty Rights
Our products are covered by statutory warranty rights.
Unless damages involve injuries to life, limb or health, any action for the claim of damages against the Ayurveda Parkschlösschen Bad Wildstein GmbH or persons acting as its agents is excluded in cases where the cause of injury is not based on wilful intent or gross negligence. In the case of a breach of essential contractual obligations because of simple negligence, the claim for damages is limited to the typical damages foreseeable at the time of the making of the contract.
§ 8 Further Information Duties for Distance Selling and Electronic Commerce
1. Technical Steps to Contract Closure/Order Process
An order is made by the Buyer selecting the desired wares and by placing them “in the shopping basket” via the “Shopping Basket Button”. The purchase order quantity can be changed at any time, by changing the number of units of the desired products selected, or by clicking the button “X” to delete a selection entirely or even by cancelling the order process. Clicking on the “Check Out Button” takes the Buyer to the next level in the ordering process. Client details are entered. The type of delivery is selected. The General Terms and Conditions of Business, the Data Protection Statement, and the Order Cancellation Policy should be read carefully. The Buyer can proceed with the order when the Buyer agrees to the General Terms and Conditions of Business, the Data Protection Statement, and the Order Cancellation Policy by placing a checkmark. The desired method of payment is then selected. By clicking the “Buy Now Button”, the Buyer sends the order to the Seller, which then constitutes a legally binding offer of purchase for the goods selected.
2. Storage of the Contractual Text after Contract Closure: Customer Access to the Text
The text of the contract as well details of the purchase order are stored electronically by the Seller. After the purchase order has been completed by the Buyer, the Buyer receives an overview confirmation of the order made, together with all the relevant details of that order. The Buyer also has the option to print out the contract text via the printer option of the Internet browser.
Purchase order details are now also found separately listed in an Email sent to the Buyer by the Seller. The order can also be found in the customer menus at “My Orders” under “My Account”.
3. The Possibility to Correct Input Errors
Prior to making an order, the Buyer has the possibility at any time to correct input errors. This can be done by using either the “Back Button” or the “Back Arrow” of the Internet browser. Corrections can be made either directly on the product ordering pages themselves or by actualizing the number of units ordered or by deleting them on the virtual “Check Out” page. All of these possibilities to make changes and correct input errors are available prior to actually sending a legally binding order by pressing the “Buy Now Button”.
4. Language of the Contract
The language of the contract is German, but also provided in English.
5. Codes of Practice
The Seller is not subject to any special codes of practice.
6. Confirmation of Receipt of the Order
After sending an order to the Seller, the Buyer obtains a confirmation Email of receipt of the order.
7. Complaints and Warranties
Complaints, especially relating to warranty claims, are to be directed to the Seller.
8. Essential Features of the Wares
Essential features of wares are found in the description of the articles online. This also includes the period of validity of limited-term deals.
§ 9 Alternative Dispute Resolution pursuant to Art. 14(1) ODR Regulation (Online Dispute Resolution) and § 36 VSBG (“Verbraucherstreitbeilegungsgesetz”, Act on Alternative Dispute Resolution in Consumer Matters)
The European Union has established an online platform for alternative dispute resolution in consumer matters (“ODR Platform”), which is available to the Buyer in case of need. The ODR Platform is intended to serve as the place to go for alternative dispute resolution regarding contractual obligations arising out of online sales contracts. The ODR Platform is found at https://ec.europa.eu/consumers/odr/.
The Ayurveda Parkschlösschen Bad Wildstein GmbH is not prepared or obligated to participate in alternative dispute settlement before a consumer arbitration board. [This notice is required by § 36 VSBG (“Verbraucherstreitbeilegungsgesetz”, Act on Alternative Dispute Resolution in Consumer Matters).]
§ 10 Obligated Information pursuant to the Batteries Act (BattG)
In connection with the sale of batteries, accumulators (rechargeable batteries) or the delivery of products which contain batteries or accumulators, the Ayurveda Parkschlösschen Bad Wildstein GmbH is obligated by law to publish notice of the following: that batteries may not be disposed of with household waste. The Buyer as the end user is obligated by law to recycle used batteries. The batteries can be deposited after use without payment of a fee in battery collection locations near to the buyer (for example, communal collecting points, or in commercial outlets). Used batteries in normal quantities can be returned to the Ayurveda Parkschlösschen Bad Wildstein GmbH by mail. Batteries or accumulators which contain harmful substances are marked with the symbol of a crossed-out waste bin. Placed close to the symbol for waste bin is the chemical name of the harmful substance. “Cd” stands for Cadmium, “Pb” for Lead, “Hg” for mercury, “Li” for Lithium, “Ni” for Nickel, “Mh” for Metalhydride und “Zi” for Zinc. The symbols on waste bins are:
Pb: battery contains more than 0.004 mass percent of lead
Cd: battery contains more than 0.002 mass percent of cadmium
Hg: battery contains more than 0.0005 mass percent of mercury
The symbol of the crossed-out waste bin means that the battery cannot be disposed of with household waste.
Further detailed information about the Batteries Act can be found at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (“Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit”).
§ 11 German Act governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (“Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten”)
Since 13 August 2005, manufacturers must take back cost-free and dispose of old electrical equipment brought onto the market by them. Electrical and electronic equipment brought to market after 23 November 2005 must be marked by manufacturers with the symbol of a crossed-out waste bin on wheels. As a merchant the Ayurveda Parkschlösschen Bad Wildstein GmbH is required by law to inform you that such old electrical equipment cannot be disposed of as unsorted residential waste but must be collected separately and disposed of only at local community collection and disposal points. Pursuant to the 23 March 2005 German Electrical and Electronic Equipment Act (“Elektkrogesetz”, “ElektroG law”), the Ayurveda Parkschlösschen Bad Wildstein GmbH since 25 November 2005 only sells electrical and electronic equipment from manufacturers who are appropriately registered with the competent authority and who have an insolvency-proof guarantee for financing the return and disposal of their electronic equipment.
§ 12 Concluding Provision
The law of the Federal Republic of Germany applies to the contractual relationship between the Seller and the customer. The same applies to the respective general business terms and conditions. If the ultimate consumer of wares has no domicile within the European Union, the legal venue is Wittlich in Germany.
The German language legal text was prepared and reviewed by the specialty law firm Heidicker
– www.kanzlei-heidicker.de –