STANDARD BUSINESS TERMS AND CUSTOMER INFORMATION

§ 1 Basic provisions

01 General Terms and Conditions

  • The following terms and conditions apply to all contracts that you conclude with us as a provider (Heinerle – Berggold Chocolate GmbH) via the website www.heinerle-berggold.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
  • A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

02 Conclusion of the contract

  • The subject of the contract is the sale of goods.
  • As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
  • The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
  • If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
  • If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to check all the information again, change it (also using the “back” function of the Internet browser) or cancel the purchase. By submitting the order using the “buy” button, you are making a legally binding declaration Acceptance of the offer, whereby the contract is concluded.
  • The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

03 Right of retention, retention of title

  • You can only exercise a right of retention if it concerns claims from the same contractual relationship.
  • The goods remain our property until the purchase price has been paid in full.

04 Warranty

  • The statutory liability rights for defects apply.
  • As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

05 Choice of law, place of performance, place of jurisdiction

  • German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer’s country of habitual residence is not withdrawn (principle of favourability).
  • The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
  • The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

06 Youth protection

  • When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.
  • By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally required minimum age receive the goods.
  • To the extent that we are obliged to carry out an age check due to legal regulations, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to people who have reached the legally required minimum age and, in case of doubt, to provide the identity card of the person receiving the goods to be shown to the person taking the card for an age check.
  • If we indicate in the respective item description that you must be over 18 to purchase the goods, beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, you must be of majority.

§ 2 Customer information

01 Customer information

Alternative dispute resolution:

  • The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
  • We are prepared to take part in dispute resolution proceedings before consumer arbitration boards.

02 Information on the conclusion of the contract

  • The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

03 Contract language, contract text storage

  • The contract language is German.
  • We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

04 Codes of Conduct

  • We have subjected ourselves to the buyer seal quality criteria of the Merchant Association Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: 
http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel qualitatskriterien.pdf und 
http://www.ecommercetrustmark.eu/the-code-of-conduct/

05 Essential characteristics of the product or service

  • The essential characteristics of the goods and/or services can be found in the respective offer.

06 Prices and payment methods

  • The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
  • The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
  • The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
  • Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

07 Delivery conditions

  • The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
  • If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

08 Statutory liability law for defects

  • Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
  • These general terms and conditions and customer information were created by the dealer association’s lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.

last updated: 12/07/2017