General Terms and Conditions for the Online Store (Issued: January 2015)
§ 1 Scope and Parties
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between Bonsai-Zentrum Münsterland GmbH, Raiffeisenstr. 22, D-59387 Ascheberg, Germany , (the "Seller") and the customer (the "Customer"), and apply to transactions at the Online Store (http://www.bonsai.de), the "Online Store"). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer's order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation.
(2) The purchasing contract comes into existence between the client and the above mentioned Weisser GmbH. Our business hours are: Monday to Friday from 9.00 to 17.00. For any inquiries or complaints, we can be reached during business hours at +49 (0) 2593 95 87 13 or by email at firstname.lastname@example.org
§ 2 The Order Process
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller's range of goods and collect these in a "Shopping Cart" by clicking on the "Add to Cart" button. By clicking on the button “Confirm Order", the Customer makes an offer to purchase the goods that are in his Shopping Cart (the "Order").
(3) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the "Shopping Cart" link.
(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer's offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the "Contract Confirmation").
(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.
(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items), and refund theCustomer the pre-payment without delay.
(9) The Customer's statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.
(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.
§ 3 Delivery, Delivery Times, Availability of Goods
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided.he Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 2 to 3 business days from the Contract Confirmation. Information on anticipated delivery time is non-binding. Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store's information pages.
(2) After the goods have been handed over to the carrier, the Customer will receive an e-mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller's own supplier to deliver or force majeure), it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
§ 4 Prices and Delivery Charges
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges.
(3) References in the respective offers prices and shipping final Represent include all price components, including all applicable taxes. If the delivery takes place in the non -EU countries, additional duties, taxes or fees to be paid by the customer, not the seller, but to the competent customs and tax authorities. The customer is advised to check the details before the order to the customs and tax authorities .
§ 5 Payment
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
§ 6 Retention of Title
The goods remain the property of the Seller until the Customer has paid the purchase price in full.
§ 7 Right of Withdrawal
(1) Consumers have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
INSTRUCTIONS ON WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The time limit for withdrawal is thirty days from the day that you acquire, or a third party named by you who is not the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
You can also exercise your right of withdrawal by returning the relevant item to us, together with the pre-printed returns label that was included with the delivery, within the time limit for withdrawal; no separate declaration is then necessary.
To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired.
Contact details for the exercise of the right of withdrawal:
To exercise your right of withdrawal by letter, please write to:
Bonsai Zentrum Münsterland GmbH
To exercise your right of withdrawal by e-mail, please e-mail us at: email@example.com
To exercise your right of withdrawal by telephone, please phone: Phone: +9 (0) 2593 95 87 13
To exercise your right of withdrawal by returning the goods, please send them to:
Bonsai Zentrum Münsterland GmbH
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the economical standard delivery offered by us), without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement.
We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired.
We will bear the cost of returning the goods for you if you use the pre-printed returns label which was included in the delivery. Otherwise you will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the Right of Withdrawal
No right of withdrawal exists inter alia in the case of contracts for the supply of
– non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised,
– the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.
(2) In accordance with the statutory provisions, we would like to inform you about the model withdrawal form as follows. However, it is not mandatory to use this form.
(Complete and return this form only if you wish to withdraw from the contract)
To [Bonsai Zentrum Münsterland GmbH, Raiffeisenstr. 22, D-59387 Ascheberg, Germany, E-mail: firstname.lastname@example.org]
I hereby give notice that I withdraw from my contract of sale of the following goods:
Name of consumer:
Address of consumer:
(3) As an extension of the statutory provisions:
– The Customer can also exercise his right of withdrawal by returning the relevant item to the Seller, together with the pre-printed returns label that was included with the delivery, within the time limit for withdrawal; no separate declaration is then necessary.
– If the Customer exercises his right of withdrawal, the return of the goods will be free of charge for the Customer if he uses the pre-printed returns label included with the delivery. Otherwise the Customer will bear the direct cost of returning the goods.
§ 8 Warranties
The Customer has certain rights under the law. These include: (i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and (ii) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. For more information about your legal rights in the UK contact your local Citizens Advice Bureau or Trading Standards Office. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.
§ 9 Liability
(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.
(2) The Seller is not responsible for losses and damage that the Customer might suffer which are:
- not caused by the Seller’s breach of these General Terms and Conditions;
- a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website;
- a result of the Seller’sfailure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason;
- caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it);
- failure by the Seller to meet any of its obligations where is is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.
(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.
(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.
§ 10 Choice of Law and Jurisdiction
(1) The contract is governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the client is a consumer under the terms of Section 13 of the German Civil Code and has his usual place of residence in a foreign country, this shall be without prejudice to the binding provisions of the client’s state of residence.
(2) The place of fulfilment for all deliveries and services shall be the main offices of Weisser GmbH. The place of jurisdiction shall be Triberg if the client is a merchant in the sense of the German Commercial Code (HGB), if he is a corporate body or special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.
(3) In the event of the invalidity of any individual provisions of these General Terms and Conditions, this shall not affect the remaining provisions of the contract.