The general business conditions rule the materialisation of the contract, and obligations of the company Naturkost Übelhör GmbH & Co. KG, Josef Übelhör, and the User and the completion of contracts made between the User and the company Naturkost Übelhör GmbH & Co. KG.

 

Naturkost Übelhör GmbH & Co. KG

Gewerbegebiet Alte Bahnlinie

Friesenhofen-Bahnhof 23-25

D-88299 Leutkirch

 

Tel:                                    +49(0) 7567 / 98 81 – 0

Fax:                                    +49(0) 75 67 / 98 81 – 21/20

 

Email: shop@sachia.de

 

Ust.IdNr.: DE 81 3917 705

 

 

The subject of the general business conditions is the regulating of the contract conditions for various contracts of Naturkost Übelhör (Seller) and the User of the On-line shop (User), which will be made over the On-line shop. The general business conditions are valid in the form they were made and at the point of time when the contract was concluded.

 

1. Achievement of the contract.

The offers in the On-line shop are without obligation. By clicking the order buttons the User bindingly declares to the Seller that he wants to purchase the contents of the basket of commodities. The contract applies through the declaration of the Seller, after the sending of the order. The declaration will be sent to the User directly after clicking the order button. Thus the contract applies.

 

2.1 The User is obliged to make truthful statements. Should the customer's particulars change, especially name, address and email address, the User is obliged to immediately inform the seller by e-mail at shop@sachia.de  or registered customers (customer account) should make the alterations in the customer part of the On-line shop.

 

2.2 If the User fails to give this information or gives false particulars, especially a false e-mail address, the Seller can, as long as a contract has materialised, withdraw from the contract. The withdrawal will be declared in writing, which can also be sent by email.

 

2.3 The Seller sends the customer immediately after conclusion of the contract, an email, with customer information, to the email address given when ordering by the User.

 

2.4 The User is obliged to inform the Seller immediately under shop@sachia.de   if this email does not arrive within 4 hours after conclusion of the contract.

 

2.5 The customer has to make sure that the email address is reachable from the point of time it is given, and that receipt of an email due to redirection, shutdown or congestion is impossible.

 

2.6 The inaccuracy of the particulars will be suspected if an email that is sent to the User is returned three times in a row, or the service cannot be accomplished due to a false address.

 

3.1 All prices are end prices in Euro including the respective valid Value Added Tax. The prices, quoted at the time of ordering, are the valid prices. By a possible increase in the Value Added Tax, the prices will be increased according to the tax amount. Should, for example, special offers only be valid for a certain period of time, then the period will be clearly pointed out.

 

3.2  Special offers are valid until the stocks are exhausted. Subject to prior sale.

 

4.1 Customer data will solely be saved and used for the handling of the order. Basis for this are the relevant data protection regulations of the German Federal Data Protection Law and the Telecommunication Service Data Protection Law.

 

4.2 Additional services (customer account, Newsletter) demand the permission of the User, due to the above mentioned laws.

 

4.3 Registered customers (customer account): The User is obliged to keep the User's code and password safely, and to act in such a way that a loss is impossible, and third parties cannot obtain any knowledge thereof. By loss of a password, the User is obliged to inform the Seller immediately. This can be done by email. The Seller will immediately block access to the password protected area of the User, after receipt of the notification. Termination of the blockage is possible, only when the User sends a written application. The possible re-registration of the User remains untouched by this. If a third party has received knowledge of the User code and/or password, due to careless handling by the User. the User is liable for all orders, in the full amount, made under the User code and password, up to the time of the receipt of the notification of loss. If the User is not to be held responsible for a third party having knowledge of the User's code and password then the liability is limited to 50 Euros.

 

4.4 So that a safe transfer of customer's personal data is ensured, the Seller uses the accepted SSL-Standard (Secure-Socket-Layer-Procedure). This high safety standard has a coding strength of at least 128 bit.

 

5.1 The customer has the right to revoke the contract according to the legal regulations. Detailed information about the execution of this right of revocation is always at the disposal of the User of the Online-shop. Furthermore, the User receives this information per email.

An unrestricted money back guarantee, as in paragraph361 b BGB, will not be agreed upon.

 

5.2 In case the revocation is executed, the User carries the costs of the return of the goods, if this does not exceed the amount of 40.00 Euros, or, when the price is higher, the User has not paid for the goods or made a part payment at the time of the revocation. The Seller carries the costs of return if the delivered goods are not those ordered.

 

6.1 The order will be immediately processed, or at the latest on the following work day, by the Seller, upon receipt.

 

6.2 The Seller has completed his service obligation when the goods have been taken over by the shipping company and the liability goes to the User.

 

6.3 The services will be immediately done for the User, as long as no other agreement has been made. Should the service not be done through the Internet, and if the User is not to be found under the address he has given, then the User will cause a delay in receiving the service. He then has to compensate the Seller for the extra costs for the futile journey.

 

6.4 The Seller does not have to produce the promised service anymore and can back out of the contract if the User, despite a written arrangement of date, is not reachable twice in a row.

 

6.5 If the Seller does not complete the service at the arranged time, the User can back out of the contract.

 

6.6 The Seller reserves the right, if the goods in the contract are not available, to bring a similar performance (goods or service) in price and quality.

 

6.7 If completion of a service is not possible in similar price and quality, the Seller can terminate the contract and does not have to complete the promised service. The Seller is obliged, in this case, to inform the User immediately of the unavailability and to reimburse any costs that the User may have made.

 

6.8 The paragraphs 6 and 7 are only valid if the Seller is not responsible for the unavailability of the promised goods and services and has not guaranteed the delivery or completion of the

service.

 

7.1 The User carries the costs for the packaging.

 

7.2 The Seller charges for the following shipping costs:

Delivery within Germany:

DPD Shipping: EUR 5.50 per packet and per delivery with a max. of 4 kilos (excluding island additional fees, free valley base stations)

 

Delivery within the EU:

DPD Shipping: EUR 7.50 per packet and per delivery with a max of 4 kilos.

Delivery charges to other countries will be given by the Seller upon enquiry.

Heavy packets will be charged individually.

 

8.1 The amount due should be paid 10 days after receipt of the invoice, if nothing else has been agreed to.

 

8.2 If in the contract there is a recurring service and the User has to make regular payments, then the User should make advance payments on the first of each month. In case of termination, any overpayments will be reimbursed in proportion to time.

 

8.3 The User is automatically in arrears, when the payment is not settled 10 days after receipt of the invoice. With recurring services the User is in arrears without a reminder, when he misses the date of payment.

 

8.4 In case of arrears, the legal interest on arrears will be charged.

 

8.5 The right to offset is only permitted to the customer if his counterclaims are ascertained as rightful, or the Seller acknowledges these.

 

8.6 The customer can only carry out the right of retention if his counterclaim is based on the equivalent contract.

 

8.7 Payment by debit entry: Should the debit entry not be fulfilled by the User's bank, due to false account details, contradictions, lack of funds on the account, among others, the Seller will charge the customer an amount of EUR 12.00. The User should not make any objections with returning, as the credit amount will be immediately transferred to his bank account upon receipt and inspection of the goods.

 

The delivered goods remain the property of the Seller until full payment of the selling price, independent of the expiration of the deadline for revocation.

 

10.1 The guarantee follows legal regulations in accordance to the following rules.

 

10.2 The User is obliged to examine the received goods immediately for obvious errors. If he discovers an obvious error, he should inform the Seller immediately. Should he fail to do this, he cannot enforce any guarantee claims for this error towards the Seller.

 

10.3 The Seller is not responsible for an error, which has been caused by the User. This also applies to normal wear and tear. The execution of the right of revocation is not to be affected by the User.

 

10.4 In case of a defect in the goods the Seller has the right of choice between a new delivery or improvement of the delivery. If the improvement finally fails or the new goods in the new delivery are also defect the User can demand that the goods be returned and reimbursement of the agreed price be made or the sales price be reduced.

 

11.1 The Seller has the unrestricted liability for intent and gross negligence of his employees, legal representatives and managing staff. This applies also to warranted quality.

 

11.2 A warranty of quality on goods and services does not exist. The description of the goods and services should not be interpreted as warranted quality.

 

11.3 He is liable for minor negligence, only as far as the contract obligation has been violated in order to reach the aim of the contract and to fulfil the purpose of the contract. (cardinal obligation)

 

11.4 The product liability law remains unaffected.

 

11.5 The above rules also apply to the employees of the Seller.

 

12.1 If the contractual parties have made a contract, with a recurring performance or other continuing obligations, then the customer is only entitled to give notice of termination after 6 months with a notice period of one month expiring at the end of the following month.

 

12.2 The right of a customer to make an exceptional termination without notice, for important reasons, remains untouched by the ruling in paragraph 1. An important reason is especially at hand when one of the two parties to the contract permanently violates their contractual obligations and the continuation of the contract is unacceptable. The exceptional notice of termination can only follow after a written request has been sent twice, demanding that the contractual obligations be held.

 

German law applies, excluding the UN-Sales Act.

 

In the case that the customer uses their own general conditions, which vary in content from these general conditions, only the general conditions of the Seller apply exclusively.