{"id":8,"date":"2020-02-10T17:07:23","date_gmt":"2020-02-10T17:07:23","guid":{"rendered":"https:\/\/greenbuzznutrients.com\/en\/terms\/"},"modified":"2020-03-03T19:27:43","modified_gmt":"2020-03-03T18:27:43","slug":"terms","status":"publish","type":"page","link":"https:\/\/greenbuzznutrients.com\/en\/terms\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"\n<div style=\"height:20px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h5 class=\"wp-block-heading\">Table of Contents<\/h5>\n\n\n\n<ol><li>Scope of Application<\/li><li>Conclusion of the Contract<\/li><li>Right to Cancel<\/li><li>Prices and Payment Conditions<\/li><li>Shipment and Delivery Conditions<\/li><li>Reservation of Proprietary Rights<\/li><li>Warranty<\/li><li>Liability<\/li><li>Redemption of Campaign Vouchers<\/li><li>Applicable Law<\/li><li>Alternative Dispute Resolution<\/li><\/ol>\n\n\n\n<h5 class=\"wp-block-heading\">1) Scope of Application<\/h5>\n\n\n\n<p><strong>1.1<\/strong>\u2009These General Terms and Conditions (hereinafter referred \nto as GTC) of the company Enrico Rothfuchs (hereinafter referred to as \n&#8220;Seller\u201d) shall apply to all contracts concluded between a consumer or a\n trader (hereinafter referred to as &#8220;Client\u201d) and the Seller relating to\n all goods and\/or services presented in the Seller&#8217;s online shop. The \ninclusion of the Client\u2019s own conditions is herewith objected to, unless\n other terms have been stipulated.<\/p>\n\n\n\n<p><strong>1.2<\/strong>\u2009For contracts regarding the delivery of vouchers, these \nTerms and Conditions shall apply accordingly, unless expressly agreed \notherwise.<\/p>\n\n\n\n<p><strong>1.3<\/strong>\u2009A consumer pursuant to these GTC is any natural person \nconcluding a legal transaction for a purpose attributed neither to a \nmainly commercial nor a self-employed occupational activity. A trader \npursuant to these GTC is any natural or legal person or partnership with\n legal capacity acting in the performance of a commercial or \nself-employed occupational activity when concluding a legal transaction.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">2) Conclusion of the Contract<\/h5>\n\n\n\n<p><strong>2.1<\/strong>\u2009The product descriptions in the Seller\u2019s online shop do not constitute binding offers on the part of the Seller, but are merely  descriptions which allow the Client to submit a binding offer.<\/p>\n\n\n\n<p><strong>2.2<\/strong>\u2009The Client may submit the offer via the online order form \nintegrated into the Seller&#8217;s online shop. In doing so, after having \nplaced the selected goods and\/or services in the virtual basket and \npassed through the ordering process, and by clicking the button \nfinalizing the order process, the Client submits a legally binding offer\n of contract with regard to the goods and\/or services contained in the \nvirtual basket.<\/p>\n\n\n\n<p><strong>2.3<\/strong>\u2009The Seller may accept the Client\u2019s offer within five days,<\/p>\n\n\n\n<ul><li>by transferring a written order confirmation or an order  confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or<\/li><li>by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or<\/li><li>by requesting the Client to pay after placing his order.<\/li><\/ul>\n\n\n\n<p>The contract shall be concluded at the time when one of the \naforementioned alternatives firstly occurs. Should the Seller not accept\n the Client&#8217;s offer within the aforementioned period of time, this shall\n be deemed as rejecting the offer, with the effect that the Client is no\n longer bound by his statement of intent.<\/p>\n\n\n\n<p><strong>2.4<\/strong>\u2009If the Client chooses &#8220;PayPal Express\u201d when placing his \norder, payment processing is handled by the payment service provider \nPayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 \nLuxembourg (hereinafter referred to as \u201cPayPal\u201d). The PayPal terms of \nuse will apply; they can be viewed at: \nhttps:\/\/www.paypal.com\/uk\/webapps\/mpp\/ua\/useragreement-full. In case the\n Client has no PayPal account, the conditions for payments without \nPayPal account will apply; they can be viewed at: \nhttps:\/\/www.paypal.com\/uk\/webapps\/mpp\/ua\/privacywax-full.<\/p>\n\n\n\n<p>If the Client chooses \u201cPayPal Express\u201d as payment method, he also \ninitiates a payment order to PayPal by clicking the button finalizing \nthe order process. In this case, the Seller hereby declares his \nacceptance of the Client\u2019s offer at the time when the Client initiates \nthe payment transaction by clicking the button finalizing the ordering \nprocess.<\/p>\n\n\n\n<p><strong>2.5<\/strong>\u2009If the Client chooses the payment method \u201cAmazon \nPayments\u201d, payments are processed by the payment service provider Amazon\n Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg \n(hereinafter referred to as \u201eAmazon\u201c) pursuant to the Amazon Payments \nEurope User Agreement, available at \nhttps:\/\/pay.amazon.eu\/help\/201212430.<\/p>\n\n\n\n<p>If the Client chooses \u201cAmazon Payments\u201d as payment method during the \nonline ordering process, he, at the same time, makes a payment order to \nAmazon when initiating the payment transaction by clicking the button \nfinalizing the ordering process. In this case, the Seller declares his \nacceptance of the Client\u2019s offer at the time when the Client initiates \nthe payment transaction by clicking the button finalizing the ordering \nprocess.<\/p>\n\n\n\n<p><strong>2.6<\/strong>\u2009When submitting an offer via the Seller&#8217;s online order \nform, the text of the contract is stored by the Seller after the \ncontract has been concluded and transmitted to the Client in text form \n(e.g. e-mail, fax or letter) after the order has been sent. The Seller \nshall not make the contract text accessible beyond this. If the Client \nhas set up a user account in the Seller&#8217;s online shop prior to sending \nhis order, the order data shall be stored on the Seller&#8217;s website and \ncan be accessed by the Client free of charge via his password-protected \nuser account by specifying the corresponding login data.<\/p>\n\n\n\n<p><strong>2.7<\/strong>\u2009Prior to submitting a binding order via the Seller\u2019s \nonline order form, the Client may recognize input errors by attentively \nreading the information displayed on the screen. Use of the enlargement \nfunction of the browser to enlarge the display on the screen may be an \neffective method for better recognizing input errors.<br>\nThe Client can correct all the data entered via the usual keyboard and \nmouse function during the electronic ordering process, until he clicks \nthe button finalizing the ordering process.<\/p>\n\n\n\n<p><strong>2.8<\/strong>\u2009The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n\n\n\n<p><strong>2.9<\/strong>\u2009Order processing and contacting usually take place via \ne-mail and automated order processing. It is the Client\u2019s responsibility\n to ensure that the e-mail address he provides for the order processing \nis accurate so that e-mails sent by the Seller can be received at this \naddress. In particular, it is the Client`s responsibility, if SPAM \nfilters are used, to ensure that all e-mails sent by the Seller or by \nthird parties commissioned by the Seller with the order processing can \nbe delivered.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">3) Right to Cancel<\/h5>\n\n\n\n<p><strong>3.1<\/strong>\u2009Consumers are entitled to the right to cancel.<\/p>\n\n\n\n<p><strong>3.2<\/strong>\u2009Detailed information about the right to cancel is provided in the Seller\u2019s instruction on cancellation.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">4) Prices and Payment Conditions<\/h5>\n\n\n\n<p><strong>4.1<\/strong>\u2009Unless otherwise stated in the product descriptions, \nprices indicated are total prices and include the statutory value-added \ntax. Any possible additional delivery and dispatch costs are specified \nseparately in the respective product description.<\/p>\n\n\n\n<p><strong>4.2<\/strong>\u2009Payment can be made using one of the methods mentioned in the Seller\u2019s online shop.<\/p>\n\n\n\n<p><strong>4.3<\/strong>\u2009In case of delivery to countries outside the European \nUnion, additional costs may be incurred in individual cases for which \nthe Seller is not responsible and which have to be borne by the Client. \nThis includes, for example, transfer fees charged by banking institutes \n(transfer charges, exchange fees) or import duties or taxes (customs). \nSuch additional costs regarding money transfer may also be incurred, if \nthe Client carries out the payment from a country outside the European \nUnion, even if delivery is not made in a country outside the European \nUnion .<\/p>\n\n\n\n<p><strong>4.4<\/strong>\u2009If prepayment by bank transfer has been agreed upon, \npayment is due immediately after conclusion of the contract, unless the \nparties have arranged a later maturity date<\/p>\n\n\n\n<p><strong>4.5<\/strong>\u2009If the payment method direct debit via Stripe is selected,\n the payment shall be processed via the payment service provider Stripe \nPayments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, \nDublin, Ireland (hereinafter referred to as &#8220;Stripe&#8221;). In this case, \nStripe collects the invoice amount from the Client&#8217;s bank account by \norder of the seller after a SEPA direct debit mandate has been issued, \nbut not before the expiry of the period for pre-notification. \nPre-notification is any communication (e.g. invoice, policy, contract) \nto the Client that announces a debit by means of a SEPA direct debit. If\n the direct debit is not redeemed due to insufficient funds in the \naccount or due to the indication of incorrect bank details, or if the \nClient objects to the debit although he is not entitled to do so, the \nClient shall bear the fees arising from the reversal of the debit entry \nby the respective credit institution if he is responsible for this. The \nSeller reserves the right to carry out a credit check when the SEPA \ndirect debit payment method is selected and to reject this payment \nmethod in the event of a negative credit check.<\/p>\n\n\n\n<p><strong>4.6<\/strong>\u2009When selecting the payment method credit card, the invoice\n amount is due immediately upon conclusion of the contract. Payment by \ncredit card is processed in cooperation with Stripe Payments Europe \nLtd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland \n(hereinafter referred to as &#8220;Stripe&#8221;). Stripe reserves the right to \ncarry out a credit assessment and to refuse this payment method if the \ncredit check is negative.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">5) Shipment and Delivery Conditions<\/h5>\n\n\n\n<p><strong>5.1<\/strong>\u2009Goods are generally delivered on dispatch route and to the\n delivery address indicated by the Client, unless agreed otherwise. In \nthe case of an order placed via the Seller&#8217;s online order form, the \ndelivery address specified in the online order form shall be decisive.<\/p>\n\n\n\n<p><strong>5.2<\/strong>\u2009Should the assigned transport company return the goods to \nthe Seller, because delivery to the Client was not possible, the Client \nbears the costs for the unsuccessful dispatch. This shall not apply, if \nthe Client exercises his right to cancel effectively, if the delivery \ncannot be made due to circumstances beyond the Client&#8217;s control, or if \nhe has been temporarily impeded from receiving the offered service, \nunless the Seller has notified the Client for a reasonable time in \nadvance about the service.<\/p>\n\n\n\n<p><strong>5.3<\/strong>\u2009In case the Client is a trader, the risk of accidental \ndestruction and accidental deterioration of the sold goods shall be \ntransferred to the Client upon delivery of the goods to the freight \nforwarder, carrier or other person or institution designated with the \ntask of performing shipment. In case the Client is a consumer, the risk \nof accidental destruction and accidental deterioration of the sold goods\n shall in principle be transferred to the Client upon delivery of the \ngoods to the Client or to an authorized recipient. Deviating from this, \neven in case the Client is a consumer, the risk of accidental \ndestruction and accidental deterioration of the sold goods is \ntransferred to the Client upon delivery of the goods to the freight \nforwarder, carrier or other person or institution designated with the \ntask of performing shipment, if the Client has instructed the freight \nforwarder, carrier or other person or institution designated with the \ntask of performing shipment to carry out the delivery of the goods and \nif the choice of this person or institution was not previously offered \nby the Seller.<\/p>\n\n\n\n<p><strong>5.4<\/strong>\u2009The Seller reserves the right to withdraw from the \ncontract in the event of incorrect or improper self-supply. This only \napplies if the Seller is not responsible for the non-supply and if he \nhas concluded a concrete hedging transaction with the supplier. The \nSeller shall make all reasonable efforts to obtain the goods. In case of\n non-availability or partial availability of the goods he shall inform \nthe Client and grant him immediately counterperformance.<\/p>\n\n\n\n<p><strong>5.5<\/strong>\u2009Personal collection is not possible for logistical reasons.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">6) Reservation of Proprietary Rights<\/h5>\n\n\n\n<p>If the Client is a consumer, the Seller retains title of ownership to\n the delivered goods until the purchase price owed has been paid in \nfull.<\/p>\n\n\n\n<p><strong>6.1<\/strong>\u2009If the Client is a trader, the Seller reserves title to \nthe goods delivered until the fulfillment of all claims arising out of \nthe current business relationship.<\/p>\n\n\n\n<p><strong>6.2<\/strong>\u2009If the Client is a trader, he is entitled to resell the \nreserved goods in the course of regular business operations. All claims \nresulting from such course of business against a third party shall \nherewith be assigned in advance to the Seller in the amount of the \nrespective invoice value (including VAT). This assignment of claims \nshall be valid regardless of whether the reserved goods are processed \nprior to or after resale or not. The Client remains entitled to collect \nthe claims even after assignment. However, the Seller shall refrain from\n collecting the claims as long as the Client meets his payment \nobligations, he is not in default, and no application has been lodged to\n open insolvency proceedings.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">7) Warranty<\/h5>\n\n\n\n<p>Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:<\/p>\n\n\n\n<p><strong>7.1<\/strong>\u2009For traders,<\/p>\n\n\n\n<ul><li>a marginal defect shall generally not constitute warranty claims defects,<\/li><li>the Seller may choose the type of subsequent performance,<\/li><li>for new goods, the limitation period for defects shall be one year from transfer of risk,<\/li><li>for used goods, rights and claims for defects are generally excluded,<\/li><li>the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.<\/li><\/ul>\n\n\n\n<p><strong>7.2<\/strong>\u2009If the Client acts as a consumer, the following \nrestriction applies to used goods: Claims for defects are excluded if \nthe defect does not occur until one year after delivery of the goods. \nDefects that occur within one year of delivery of the goods can be \nasserted within the statutory limitation period.<\/p>\n\n\n\n<p><strong>7.3<\/strong>\u2009The aforementioned limitations of liability and the restrictions of limitation periods do not apply<\/p>\n\n\n\n<ul><li>to a product, which was not used, in accordance with its usual \napplication, for building construction and which was the cause of the \nbuilding&#8217;s defectiveness,<\/li><li>to claims for damages and reimbursement of expenses by the Client.<\/li><li>If the Seller has fraudulently concealed the defect.<\/li><\/ul>\n\n\n\n<p><strong>7.4<\/strong>\u2009Furthermore, for traders the statutory limitation periods \nfor recourse claims pursuant to section 445b of the German Civil Code \n(BGB) remain unaffected.<\/p>\n\n\n\n<p><strong>7.5<\/strong>\u2009If the Client is a businessperson pursuant to section 1 of\n the German Commercial Code (HGB) he has the commercial duty to examine \nthe goods and notify the Seller of defects pursuant to section 377 HGB. \nShould the Client neglect the obligations of disclosure specified \ntherein, the goods shall be deemed approved.<\/p>\n\n\n\n<p><strong>7.6<\/strong>\u2009If the Client is a consumer, the forwarding agent has to \nbe immediately notified of any obvious transport damages and the Seller \nhas to be informed accordingly. Should the Client fail to comply \ntherewith, this shall not affect his statutory or contractual claims for\n defects.<\/p>\n\n\n\n<p><strong>7.7<\/strong>\u2009The Seller shall not be liable for defects in the \nperformance of the telecommunications contract for which the respective \nservice provider is solely responsible. In this respect, the relevant \nstatutory provisions and any deviating contractual conditions of the \nrespective service provider shall apply.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">8) Liability<\/h5>\n\n\n\n<p>The Seller shall be liable to the Client for any contractual and \nquasi-contractual claims and for claims of liability in tort regarding \ndamages and effort compensation as follows:<\/p>\n\n\n\n<p><strong>8.1<\/strong>\u2009The Seller shall face unlimited liability regardless of the legal ground<\/p>\n\n\n\n<p>&#8211; in case of intent or gross negligence,<br>\n&#8211; in case of injuries of life, body, or health resulting from intent or negligence,<br>\n&#8211; in case of a promise of guarantee, unless otherwise provided,<br>\n&#8211; in case of liability resulting from mandatory statutory provisions such as the product-liability-law.<br>\n.<\/p>\n\n\n\n<p><strong>8.2<\/strong>\u2009If the Seller negligently infringes an essential \ncontractual duty, the liability to pay damages shall be limited to the \nforeseeable, typically occurring damage, unless unlimited liability \napplies pursuant to the aforementioned Section. Essential significant \ncontractual obligations are obligations the contract imposes on the \nSeller according to its content to meet the purpose of the contract and \nwhose fulfillment is essential for the due and proper implementation of \nthe contract and on the fulfillment of which the Client can regularly \nrely.<\/p>\n\n\n\n<p><strong>8.3<\/strong>\u2009For the rest, the Seller\u2019s liability is excluded.<\/p>\n\n\n\n<p><strong>8.4<\/strong>\u2009The aforementioned provisions on liability apply also to \nthe Seller\u2019s liability regarding his legal representatives and vicarious\n agents.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">9) Redemption of Campaign Vouchers<\/h5>\n\n\n\n<p><strong>9.1<\/strong>\u2009Vouchers which are issued by the Seller free of charge, \nfor a specific period of validity in the context of promotional \nactivities and which cannot be purchased by the Client (hereinafter \nreferred to as &#8220;campaign vouchers\u201d) can be redeemed only in the Seller\u2019s\n online shop and only within the indicated time period.<\/p>\n\n\n\n<p><strong>9.2<\/strong>\u2009Individual products may be excluded from the voucher \ncampaign, if such a restriction results from the conditions of the \ncampaign voucher.<\/p>\n\n\n\n<p><strong>9.3<\/strong>\u2009Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n\n\n\n<p><strong>9.4<\/strong>\u2009Only one campaign voucher can be redeemed per order.<\/p>\n\n\n\n<p><strong>9.5<\/strong>\u2009The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.<\/p>\n\n\n\n<p><strong>9.6<\/strong>\u2009If the value of the campaign voucher is not enough for the\n order, the Client may choose one of the remaining payment methods \noffered by the Seller to pay the difference.<\/p>\n\n\n\n<p><strong>9.7<\/strong>\u2009The campaign voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n\n\n\n<p><strong>9.8<\/strong>\u2009The campaign voucher will not be redeemed if the Client, \nin the context of his legal right to cancel, returns goods paid fully or\n partially by a campaign voucher.<\/p>\n\n\n\n<p><strong>9.9<\/strong>\u2009The campaign voucher is transferable. The Seller may \nrender performance with discharging effect to the respective owner who \nredeems the campaign voucher in the Seller\u2019s online shop. This does not \napply if the Seller has knowledge or grossly negligent ignorance of the \nnon-entitlement, legal incapacity or of the missing right of \nrepresentation regarding the respective owner.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">10) Applicable Law<\/h5>\n\n\n\n<p>The law of the Federal Republic of Germany shall apply to all legal \nrelationships between the parties under exclusion of the laws governing \nthe international purchase of movable goods. For consumers, this choice \nof law applies only to the extent that the granted protection is not \nwithdrawn by mandatory provisions of the law of the country in which the\n consumer has his habitual residence.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\">11) Alternative Dispute Resolution<\/h5>\n\n\n\n<p><strong>11.1<\/strong>\u2009The EU Commission provides on its website the following link to the ODR platform: <a href=\"https:\/\/ec.europa.eu\/consumers\/odr\">https:\/\/ec.europa.eu\/consumers\/odr<\/a><\/p>\n\n\n\n<p>This platform shall be a point of entry for out-of-court resolutions \nof disputes arising from online sales and service contracts concluded \nbetween consumers and traders.<\/p>\n\n\n\n<p><strong>11.2<\/strong>\u2009The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Table of Contents Scope of Application Conclusion of the Contract Right to Cancel Prices and Payment Conditions Shipment and Delivery Conditions Reservation of Proprietary Rights Warranty Liability Redemption of Campaign Vouchers Applicable Law Alternative Dispute Resolution 1) Scope of Application 1.1\u2009These General Terms and Conditions (hereinafter referred to as GTC) of the company Enrico Rothfuchs [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/pages\/8"}],"collection":[{"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/comments?post=8"}],"version-history":[{"count":4,"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/pages\/8\/revisions"}],"predecessor-version":[{"id":370,"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/pages\/8\/revisions\/370"}],"wp:attachment":[{"href":"https:\/\/greenbuzznutrients.com\/en\/wp-json\/wp\/v2\/media?parent=8"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}