General Terms and Conditions

Online-Shop Terms and  Conditions vis-à-vis Consumer (B2C)

Online Shop www.zimtundgrün.com

§ 1 Applicability, Contract Language

(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, zimt & grün GmbH, Am Mühlenberg 35, 33619 Bielefeld, Deutsch-land, registered with the commercial register of the local court of Bielefeld under HRB 44500, VAT-number DE347527898 legally represented by Managing Director R. Elena Hindrichs via this online shop.

(2) All agreements concluded between you and us in the context of the contract of sale arise exclusively from these terms and conditions, our written receipt E-Mail, and our declaration of acceptance.

(3) Conflicting terms and conditions of the customer specifically do not apply unless we agree to their validity in writing. This also applies if we do not disagree explicitly to the conflicting terms and conditions.

(4) The exclusive language available of the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§ 2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.

In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

§ 3 Conclusion of contract

(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders.

(2) The ordering process takes place as follows:

(a.) You can choose from our selection products and use the „add to cart “button to gather them in a so-called shopping basket.

(b.) By clicking the button „confirm order“ you emit a legally binding offer to purchase the goods in the basket. Before submitting the order, you can change the data any time. The order, however, can only be placed and received, if you have accepted the terms and conditions and acknowledged the right of withdrawal by placing a checkmark at the filed „I have read and agree to the terms “.

You are bound to the offer for a period of two (2) weeks after submitting the order. The right of withdrawal for consumers, hereinafter § 10, will remain unaffected.

(c) We immediately then send you an automatic receipt e-mail, in which your order will appear again. The automatic acknowledgement of receipt only documents that we received your order. It does not constitute an acceptance of the application unless we declare the acceptance of your offer.

(d) The contract is not concluded until we accept your offer with a declaration of acceptance or with delivering the ordered goods to the address specified by you.

(e) If a product ordered by you is not available, for instance because the ordered goods are not in stock, we will refrain from issuing a declaration of acceptance. A contract is not concluded. In this case we will inform you immediately and the received consideration is to be reimbursed immediately.

(1) The object of the contract are the goods which you have specified in preparing your order, as named in our receipt E-Mail and/or declaration of acceptance, at the end-user prices stated in our web shop. Errors and mistakes are reserved there, especially regarding the availability of goods

(2) The nature of the goods ordered results from the products descriptions in the web shop. Pictures on the website may display products inaccurately; specifically, colours may differ due to technical reasons. Images are used only for reference and as illustrative material and may differ from the product. Technical data, weights, dimensions, and specifications are specified as precisely as possible, but may have the usual deviations.

(3) When on the date of your order there are no copies of the selected product available, we shall notify you about this immediately. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. A contract is not concluded in this case. In this case we will inform you immediately and the received payment is to be reimbursed immediately.

(4) If a product ordered by you is temporarily unavailable, we shall inform you immediately. For a delivery delay of more than two weeks you have the right to revoke the contract. In addition, we are also entitled to withdraw the contract in this case. In both cases the statutory right of rescission applies. We will re-fund any payments already made by you immediately.

§ 5 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual pro-visions for you.

§ 6 Opening a customer account; Processing of your personal data

In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following link: https://www.zimtundgruen.com/en/privacy-policy 
During your application for registration, you choose a personal username and a password.

§ 7 Pricing and Shipping

All prices are listed on our website are inclusive of applicable VAT plus shipping costs. The appropriate shipping costs are listed on our website and the shipping costs shall be borne by you. The purchase price inclusive VAT and the shipping costs will be displayed in the order form on our website before you submit the order.

§ 8 Terms of payment, compensation, and retention

(1) The payment of the purchase price and the shipping costs is payable immediately upon conclusion of the contract and due for payment within two (2) weeks after receipt of the invoice.

(2) You may pay by PayPal, giropay, bank transfer or direct bank transfer. Possible costs of payment are to be paid by you. In case of reimbursements, we will use the same payment method that you used for payment.

(3) You agree that you receive invoices only in electronic form.

(4) You may only offset counterclaims that are judicially stablished or undisputed. Exceptions to this are claims in connection with a permitted withdrawal according to § 10.

(5) You can only assert the right of retention if your counterclaim is based on the same contract relation.

§ 9 Retention of Title

The goods shall remain our property until full payment.

§ 10 Conditions of sale and advance payment

(1) Delivery (delivery to the shipping company) is made immediately after conclusion of contract according to § 3 (2) d. and receiving the payment, otherwise, immediately after the order confirmation is sent.

(2) The order will be shipped by mail. If you request an insured shipping, this should be explicitly arranged with us in your order. The resulting additional costs are listed in the order form and are to be paid by you.

§ 11 Right of Withdrawal

.As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters a legal transaction for purposes that predominantly are outside his trade, business, or profession.

§ 12 Warranty in case of purchasing goods

(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to re-quest rectification, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.

(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.

§ 13 Limitation of Liability

(1) We are liable for intent and gross negligence. Further, we are liable of the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable of the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

(2) The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant of the product liability law remains unaffected.

§ 14 Copyright

We own the copyright to all pictures, films and texts which are published our web shop. The use of these pictures, films and texts is not allowed without our express written consent.

§ 15 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause

(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Bielefeld, Germany.

 (2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.

Our e-mail address is:

info@zimtundgruen.com

(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

(4) Should individually provisions of this contract be invalid, this shall not affect the validity of this contract as a whole