General Terms and Conditions for Internet Dispatch
General Terms and Conditions (GTC) of
BEMBEL-WITH-CARE GmbH
Weinheimer Str. 6
69488 Birkenau
Phone: +49 6201 - 730970
Fax: +49 6201 - 7309710
Email: shop@bembel-with-care.de
for distance contracts using the Internet.
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the delivery. BEMBEL-WITH-CARE does not recognise any deviating terms and conditions of the customer, unless BEMBEL-WITH-CARE has expressly agreed to their validity in writing.
General provisions
Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
1.1
A consumer within the meaning of these GTC is any natural person with whom a business relationship is entered into and who acts for a purpose that cannot be attributed to either his commercial or his independent professional activity.
1.2
An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who is acting in the exercise of a commercial or self-employed professional activity.
2. Conclusion of contract, payment
2.1
The customer's order placed via the Internet constitutes a purchase offer to BEMBEL-WITH-CARE. After sending the internet order, the customer will receive a confirmation of receipt by email with a request for payment (in the case of payment in advance) or confirmation of payment (if the amount has already been paid when the order was concluded). The contract is only concluded when the purchase price plus shipping costs has been received in full by BEMBEL-WITH-CARE and BEMBEL-WITH-CARE initiates the shipment of the goods.
2.2
If the payment method "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the method of payment during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.3
Only the German language is available for the conclusion of the contract.
2.4
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Delivery
3.1
The place of performance shall be Birkenau, insofar as the Customer is an entrepreneur or a legal entity under public law.
3.2
The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The customer shall ensure that the delivery is accepted at the address specified by him. He shall bear the costs of unsuccessful delivery. In this case, BEMBEL-WITH-CARE has the right of retention.
3.3
BEMBEL-WITH-CARE shall be released from performance if the delivery to the customer becomes unreasonably difficult or impossible due to unforeseen or unavoidable events (force majeure, strike, shortage of raw materials, damage to machinery or similar).
3.4
The taking back of rejected goods does not constitute recognition of the warranty claim or the right of withdrawal.
4. Transport damage
Please report any transport damage immediately in writing to:
BEMBEL-WITH-CARE GmbH
Weinheimer Str. 6
69488 Birkenau
Germany
Email: shop@bembel-with-care.de
You can also simply use our complaint form.
4.1
Obligation to report transport damage for entrepreneurs within the meaning of these GTC:
Deliveries of goods are to be checked immediately by the customer. In the event of externally visible transport damage, the customer undertakes to note this on the respective shipping documents and to have it acknowledged by the delivery agent. The packaging must be retained.
If the (partial) loss or damage is not externally recognisable, the customer must report this to BEMBEL-WITH-CARE within 5 (five) days after delivery or at least within 7 (seven) days after delivery to the transport company to ensure that any claims against the transport company are asserted in good time.
4.2
Notification of transport damage for consumers within the meaning of these GTC:
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery company and contact us as soon as possible.
Failure to make a complaint or contact us will not affect your statutory warranty rights, but you will help us to assert our own claims against the shipping company.
5. Risk of goods
The customer is aware that all delivered beverages must be stored in a frost-proof and cool place and must be used within the expiry date stated on the packaging. The risk of loss, accidental deterioration or destruction of the goods shall pass to the customer when the goods are handed over to the customer by the commissioned transport company.
6. Material defect
If there is a defect according to § 434 BGB, the statutory provisions shall apply. Further claims of the customer are excluded. BEMBEL-WITH-CARE shall not be liable for loss of profit or for other pure financial loss of the customer. This limitation of liability does not apply if the damage was caused by intent or gross negligence or if personal injury is involved. §§ Sections 1, 4 of the Product Liability Act shall remain unaffected.
7. Applicable laws, invalidity
The statutory provisions of the law of the Federal Republic of Germany shall apply exclusively to all points not mentioned in these GTC. If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.
8. Protection of minors
The abuse of alcohol is harmful to health. BEMBEL-WITH-CARE enters contractual relationships only with persons over 16 years of age.
8.1
By placing an order and accepting our General Terms and Conditions, the customer assures that he/she is at least 16 years of age and that his/her information regarding his/her age is correct. The customer is obliged to ensure that only he himself or persons authorised by him to accept the delivery (>= 16 years) accept the delivery of goods. The customer shall indemnify BEMBEL-WITH-CARE against any claims of third parties which BEMBEL-WITH-CARE may incur because of the customer's breach of this obligation.
8.2
Insofar as persons place orders stating false facts and/or without the approval of their responsible adult with custody or power of representation, BEMBEL-WITH-CARE hereby revokes these contracts as a matter of principle as a precaution in accordance with § 111 of the German Civil Code (BGB).
8.3
If BEMBEL-WITH-CARE becomes aware of an order which has been placed using false information, in particular age information, BEMBEL-WITH-CARE reserves the right to take legal action in addition to the above-mentioned revocation in accordance with § 111 BGB. Persons of legal age who place orders based on false information shall be liable to BEMBEL-WITH-CARE in accordance with the statutory provisions for all damages incurred by us as a result of orders placed on the basis of false information. This also includes the indemnification of BEMBEL-WITH-CARE from claims which arise for BEMBEL-WITH-CARE from the obligation of the customers of clause 1.
9. Note on product illustrations in the online shop
There may be slight colour deviations in comparison to the illustrations stored in the shop. These are due to technical reasons and do not represent a defect.
10. Place of jurisdiction
If the customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is Fürth.
Date: 2022-12-03