Terms and Conditions
General Terms and Conditions (GTC) of heidefisch GmbH for End Customers (B2C)
Preamble
(1) We (details about the person § 2) operate an online shop under the internet domain http://www.heidefisch.de where our customers are offered products for purchase. (2) The business relationships between the customers of our online shop and us are based on these General Terms and Conditions (GTC).
§ 1 [Scope of Application]
(1) These GTC apply to all contracts, deliveries, offers, purchase agreements, and other services of the online shop between us and our customers. (2) Customers within the meaning of these terms and conditions are exclusively consumers as defined in § 13 BGB (German Civil Code). (3) These GTC apply exclusively; conflicting or deviating terms and conditions of the customer are not recognized, unless we have expressly agreed to their validity. (4) These GTC also apply if we execute the delivery without reservation despite being aware of conflicting or deviating terms and conditions of the customer. (5) Unless otherwise contractually agreed, the concluded contracts are expressly not sale on approval. (6) We are entitled to amend or supplement these General Terms and Conditions at any time. (7) However, the version valid at the time of the conclusion of the contract shall always be decisive.
§ 2 [Contracting Parties]
(1) The contract is concluded with us, Heidefisch GmbH, Meinholz 1, 29649 Wietzendorf. (2) You can also reach us at info@heidefisch.de.
§ 3 [Conclusion of Contract]
(1) The presentation of items in our online shop does not constitute a legally binding offer, but should be understood as an invitation to order. (2) The customer can select products from our assortment and collect them in a so-called electronic shopping cart by clicking the "add to cart" button. (3) By clicking the button in the shopping cart system that conclusively triggers the order subject to payment, the customer submits a binding offer to purchase the goods in the shopping cart. (4) However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the "accept GTC" button and thereby includes them in his offer. (5) The customer's binding order then represents a binding offer that can be accepted by us within 3 days – starting from the first working day after the order/offer – by sending an order confirmation or by delivering the goods. (6) We hereby inform customers that the confirmation of receipt of the order does not constitute an acceptance in the aforementioned sense. (7) Previously submitted offers by us are non-binding. (8) The information in the product description is industry-standard approximate values. (9) Technical changes or deviations regarding shape, color, and/or weight are reserved within reasonable limits. (10) Illustrations or drawings contained in brochures, advertisements, and other offer documents are only approximate (e.g., certain colors cannot be realistically digitized and thus displayed due to technical reasons), unless the information contained therein has been expressly designated by us as binding.
§ 4 [Prices]
(1) The prices of the items are in Euros per piece including the respective valid statutory value-added tax. (2) The offered purchase price is binding. (3) The list prices at the time of order apply. (4) The prices are generally those stated in the website's shopping cart system at the time of order. (5) Deviating price information, which may be displayed on the pages of the online catalog or loaded from caches (e.g., browser cache, proxies, etc.), is non-binding. (6) The validity period of prices in catalogs, advertisements, or flyers always extends only until the appearance of the next catalog, flyer, or advertisement. (7) Promotions are only valid for their specified and advertised period. (8) The prices do not include costs for packaging and shipping. (9) If additional costs, such as customs duties, become necessary, these are not included in the price but will be stated separately on the last order page at the latest.
§ 5 [Terms of Payment]
(1) Upon conclusion of the contract, we will invoice the customer for the total order price (incl. VAT) and all other costs of the order (see § 4). (2) The customer is free to choose from the payment options offered during the ordering process. (3) Upon conclusion of the contract, the full invoice amount becomes due immediately and must be paid to us within 10 working days of receipt of the invoice, without deduction or right of retention. (4) The crediting of the payment to our account is decisive for timely payment. (5) Delivery will only take place after full payment of the invoice amount (advance payment).
§ 6 [Delivery]
(1) After receipt of payment, the ordered goods will be handed over to the shipping company (shipping of goods by mail) within 2-3 working days. (2) Delivery of the goods within Germany will then take place within another 2-3 working days from handover to the shipping company. (3) The stated times are understood as estimated shipping times, unless they have been individually agreed upon between the parties. (4) We are only entitled to partial delivery and partial performance if this is reasonable for the customer. (5) Partial shipments are only to be carried out after consultation with the customer. (6) Additional shipping costs may arise.
§ 7 [Set-off, Retention, and Transferability of Rights]
(1) The customer's set-off against his counterclaims is excluded, unless they relate to counterclaims acknowledged by us, undisputed, or legally established. (2) However, customers may exercise the right of retention if their counterclaim relates to the same contractual relationship. (3) The customer can only transfer the rights and obligations arising from this contract to a third party with our prior written consent.
§ 8 Right of Withdrawal
Para.1 (Instructions on Withdrawal)
(1) As a consumer, the customer generally has a statutory right of withdrawal when concluding a distance selling contract, about which we inform below in accordance with the statutory model. (2) The exceptions to the right of withdrawal are regulated in paragraph 2. (3) Paragraph 3 contains a sample withdrawal form.
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Instructions on Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must inform us,
Heidefisch GmbH
Meinholz 1
29649 Wietzendorf
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal:
If you withdraw from this contract, we must repay to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to
without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functionality of the goods.
End of instructions on withdrawal
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Para.2 (Exclusion of the right of withdrawal)
The right of withdrawal does not apply to the supply of goods,
- supply of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
- which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or
- if these have been inseparably mixed with other goods after delivery due to their nature.
Para.3 (Sample Withdrawal Form)
We provide information about the sample withdrawal form in accordance with the legal regulation as follows and attach it:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
— Heidefisch GmbH
Meinholz 1, 29649 Wietzendorf
info@heidefisch.de
— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following
goods (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for notification on paper)
— Date
(*)Delete as appropriate
Para.4 (Notes)
(1) Please avoid damage and contamination. (2) Please return the goods to us, if possible, in their original packaging with all accessories and all packaging components. (3) If necessary, use protective outer packaging. (4) If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to damage resulting from inadequate packaging. (5)Please note that the modalities mentioned in this paragraph (paragraph 4) are not prerequisites for the effective exercise of the right of withdrawal.
§ 9 [Notes on Data Processing]
(1) We collect customer data within the framework of contract processing. (2) In doing so, we particularly observe the provisions of the Federal Data Protection Act and the Telemedia Act. (3) Without the customer's consent, the provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia. (4) Without the customer's consent, we will not use the customer's data for advertising, market, or opinion research purposes. (5) The customer has the option at any time to request, change, or delete the data stored by us. (6) In all other respects, reference is made to the data protection declaration regarding customer consents and further information on data collection, processing, and use, which is available on our website at any time in printable form.
§ 10 [Warranty Rights]
(Para.1)
(1) Warranty rights in the event of defective delivery follow the statutory provisions, unless restrictions have been made below. (2) The customer must notify us of obvious defects within two weeks of the occurrence of the defect in text form (e.g., letter or email). (3) Sending the notification is sufficient for timely notification. (4) If the notification according to sentence 2 is not made within the aforementioned period, the warranty rights expire, provided they relate to these obvious defects. (5) This does not apply if we fraudulently concealed the defect or guaranteed the quality of the item.
(Para.2)
The customer does not receive guarantees in the legal sense from us.
§ 11 [Liability]
(Para.1)
(1) Our liability for contractual breaches of duty and from tort is limited to intent and gross negligence. (2) This limitation of liability does not apply in cases of injury to the customer's life, body, and health, claims due to the breach of essential contractual obligations (cardinal obligations), and compensation for default damages (§ 286 BGB). (3) Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable, typical damage, unless there is intent or gross negligence. (4) The provisions of the Product Liability Act remain unaffected.
(Para.2)
The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by any employees, representatives, and vicarious agents of ours.
§ 12 [Right of Withdrawal of Heidefisch GmbH]
(1) Delays in delivery and performance due to long-term force majeure (e.g., operational disruptions, wars, strikes, official orders, or raw material shortages) that are not merely temporary and for which we are not responsible, entitle us to withdraw from the contract. (2) We are also entitled to withdraw from the contract if, to cover the customer's order (hedging transaction), a contract has been concluded with a sub-supplier and this sub-supplier does not deliver the ordered goods, and the resulting impediment to performance is not our fault. (3) In the aforementioned cases, we naturally undertake to immediately inform the customer of these defects and to immediately refund the counter-performance of the contractual partner.
§ 13 [Final Provisions]
Para.1 (Place of Jurisdiction)
If the customer is a consumer and does not have his general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be the court responsible for the registered office of heidefisch GmbH.
Para.2 (Applicable Law)
The law of the Federal Republic of Germany shall apply, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
Para.3 (Severability Clause)
(1) Should any of these provisions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. (2) In place of the invalid or unenforceable provision, the relevant statutory provisions shall apply. (3) The same applies in the event of a loophole.