Terms of service
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Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Contract Duration and Termination for Subscription Contracts for Goods
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of CVB Nature Foods UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of their commercial or independent professional activity.
1.4 Depending on the seller's product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of ongoing delivery (hereinafter referred to as a "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but rather serve as an invitation to the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order.
2.3 The seller may accept the customer's offer within five days by:
sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive; or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive; or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.
Payment processing is subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. 2.5 When selecting the payment method "Amazon Payments," payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button to complete the order simultaneously authorizes a payment to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer completes the order by clicking the button.
The closing button triggers the payment process.
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.7 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.8 The German language is available for concluding the contract.
2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any applicable delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the event of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and their submission, or credit notes.
4.5 When selecting a payment method offered via the payment service "Shopify Payments," payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are displayed to the customer in the online shop.
The seller will inform you. Stripe may use other payment services to process payments, which may be subject to special terms and conditions. The customer will be notified separately of these terms and conditions. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
4.6 If you select a payment method offered via the payment service "Klarna," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://www.klarna.com/de/agb/
4.7 If you select credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.
5) Delivery and Shipping Terms
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.
] ☐ ... 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Contract Duration and Termination for Subscription Agreements for Goods
6.1 Subscription agreements are concluded for an indefinite period and can be terminated by the customer at any time without notice.
6.2 The right to extraordinary termination for good cause remains unaffected. A significant reason for termination exists if, considering all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
6.3 Terminations may be made in writing, in text form (e.g., by email), or electronically via the termination tool (termination button) provided by the seller on its website.
7) Retention of Title
If the seller performs in advance, it retains title to the delivered goods until full payment of the purchase price owed.
8) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. The following applies to contracts for the delivery of goods:
8.1 If the customer is acting as a business,
the seller has the right to choose the method of subsequent performance.
8.2 The limitation period for claims based on defects in new goods is one year from delivery of the goods.
For used goods, claims based on defects are excluded.
The limitation period does not restart if a replacement delivery is made under the warranty for defects.
8.2 The aforementioned limitations of liability and reductions of time limits do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
to goods that, according to their customary use, have been used for a building and have caused its defectiveness,
to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.
8.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.2 The aforementioned limitations of liability and reductions of time limits do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
to goods that, according to their usual purpose, have been used for a building and have caused its defectiveness,
to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
8.3 8.4 If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
8.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual warranty rights.
8.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. 9) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The seller is liable without limitation for any legal reason
in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise stipulated,
based on mandatory liability, such as under the Product Liability Act.
9.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.
9.3 Furthermore, the seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
10) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
11) Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in the aforementioned cases, the seller shall in any event be entitled to bring an action before the court at the customer's domicile.
12) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
