§ 1 Scope, Customer information
(1) The following General Terms and Conditions govern the contractual relationship between German Health Technology GmbH and consumers and entrepreneurs who purchase goods through our company or our store. We do not recognize any terms and conditions that are contrary to or deviate from our terms and conditions.
(2) A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
(3) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(4) The contractual language is German.
§ 2 Conclusion of contract:
(1) The presentation of the goods in the online store does not constitute a binding offer by German Health Technology GmbH to conclude a purchase contract. The customer is hereby merely invited to make an offer by placing an order.
(2) By clicking the button concluding the order, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider.
(3) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by an express declaration of acceptance.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the offer’s submission. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute the rejection of the offer. The customer is then no longer bound by their declaration of intent.
(4) If you would like to order by phone or fax, first transmit your purchase request to us via the medium of your choice. Then you will receive an offer from us by email, the acceptance of which you can also declare by email.
Through your submitting your acceptance, the contract is concluded.
§ 3 Customer information: Storage of your order data:
We will store your order with details (e.g., type of product, price etc.). We will send you the GTC, but you can also access the GTC at any time via our website. As a registered customer, you can access your past orders through the customer login area (My Customer Account).
§ 4 Customer information: Correction notice:
You can correct your entries at any time before submitting the order by pressing the delete key. We will inform you about further correction options as you go through the ordering process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Right of withdrawal
(1) If the customer is a consumer, they are generally entitled to a right of withdrawal.
(2) Our withdrawal policy applies to the right of withdrawal.
§ 6 Retention of title:
The object of purchase remains our property until full payment.
§ 7 Warranty
(1) With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed.
(2) Warranty vis-à-vis entrepreneurs: Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. Excluded from this provision are claims for damages, claims due to defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed for the condition of the item. The right of recourse according to Section 478 BGB (German Civil Code) is also excluded. The statutory limitation periods shall apply to these excluded claims.
§ 8 Limitation of liability:
(1) Our liability – except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb or health and the breach of essential contractual obligations (cardinal obligations) – shall be limited to the damage typically foreseeable at the time of contract conclusion and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
An essential contractual obligation is one the fulfilment of which makes the proper execution of the contract between Waldfleisch GmbH and the seller possible in the first place and on compliance with which the contractual partner regularly relies and may rely.
(2) The limitation of liability in paragraphs 1 and 2 shall also apply mutatis mutandis in favour of our employees and vicarious agents.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
(2) The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer has their habitual residence as a consumer, remain unaffected.
(3) The place of performance shall be our registered office if the customer is a merchant.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, or moves its place of residence to another EU country after conclusion of contract, or its place of residence is not known at the time the action is brought, the place of jurisdiction shall be our registered office.
(5) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.