General Terms and Conditions (GTC) of Agri Nova Projektmanagement GmbH in the end customer area (B2C)
preamble
(1) We (see § 2 for details of the person as contractual partner) operate, among other things, an online shop for commercial purposes under the Internet domains http://www.evergreen-food.de and www.lüttge-superfood.de, where our customers are offered products for purchase. (2) The business relationship between the customers of our online shop and us is based on these General Terms and Conditions (GTC).
§ 1 [Scope]
(1) These terms and conditions 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 within the meaning of Section 13 of the German Civil Code (BGB). (3) These terms and conditions apply exclusively; any terms and conditions of the customer that conflict with or deviate from these terms and conditions will not be recognized unless we have expressly agreed to their validity. (4) These terms and conditions also apply if we carry out the delivery without reservation despite knowing that the customer has terms and conditions that conflict with or deviate from these terms and conditions. (5) Unless otherwise agreed in the contract, the contracts concluded are expressly not a trial purchase. (6) We are entitled to change or supplement these general terms and conditions at any time. (7) However, the version valid at the time the contract is concluded is decisive.
§ 2 [Contractual partner]
(1) The contract is concluded with us, Agri Nova Projektmanagement GmbH, Oldenburger Straße 330, 49377 Vechta. (2) You can also contact us at info@agrinova.biz.
§ 3 [Conclusion of contract]
(1) The presentation of the articles in our online shop does not constitute a legally binding offer, but is to be understood as an invitation to order. (2) The customer can select the products from our range and collect them in a so-called electronic shopping cart using the "Add to shopping cart" button. (3) The customer submits a binding request to purchase the goods in the shopping cart using the button in the shopping cart system that triggers the order for payment. (4) However, the request can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application. (5) The customer's binding order then represents a binding offer that we can accept 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 a declaration of acceptance in the aforementioned sense. (7) Offers made previously by us are subject to change. (8) The information in the product description is approximate and customary in the industry. (9) We reserve the right to make technical changes or deviations in terms of shape, color and/or weight within reasonable limits. (10) Illustrations or drawings contained in brochures, advertisements and other offer documents are only approximate (e.g. certain colors cannot be digitized and displayed realistically for 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 item including the applicable statutory VAT. (2) The purchase price offered is binding. (3) The list prices at the time of the order apply. (4) The prices are generally the prices stated in the shopping cart system on the website at the time of the order. (5) Any different price information that may be shown on the pages of the online catalog or that is loaded from intermediate storage (e.g. browser cache, proxies, etc.) is non-binding. (6) The validity period of the prices in the catalogs, advertisements or flyers only extends until the next catalog, flyer or advertisement is published. (7) Promotions are only valid for their specified and stated period. (8) The prices do not include packaging and shipping costs. (9) If additional costs, such as customs duties, are necessary, these are not included in the price, but are stated separately on the last order page at the latest.
§ 5 [Payment conditions]
(1) Upon conclusion of the contract, we will invoice the customer for the total order price (including VAT) and all other costs of the order (see § 4). (2) The customer is free to choose the payment method according to the options in the ordering process (currently PayPal, credit card and advance payment). (3) Upon conclusion of the contract, the full invoice amount is due immediately and must be paid to us within 10 working days of receipt of the invoice without deductions or right of retention. (4) The timeliness of the payment is determined by the credit to our account. (5) Delivery will only take place after the invoice amount has been paid in full (advance payment).
§ 6 [Delivery]
(1) After receipt of payment, the ordered goods will be handed over to the shipping company (shipping of the goods by post) within 2-3 working days. (2) The goods will then be delivered within Germany within a further 5 working days from handover to the shipping company. (3) The times given are estimated shipping times, unless they have been agreed between the parties in an individual contract. (4) We are only entitled to make partial deliveries and partial services if this is reasonable for the customer. (5) Partial shipping can only 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 is not permitted to offset his counterclaims unless they relate to counterclaims that we have recognised, are undisputed or have been legally established. (2) However, customers may exercise the right of retention if their counterclaim relates to the same contractual relationship. (3) The customer may only transfer the rights and obligations arising from this contract to a third party with our prior written consent.
§ 8 Right of withdrawal
Paragraph 1 (Cancellation policy)
(1) As a consumer, the customer generally has a statutory right of cancellation when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model. (2) The exceptions to the right of cancellation are regulated in paragraph 2. (3) A model cancellation form can be found in paragraph 3.
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Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us,
Agri Nova Projektmanagement GmbH, Oldenburger Straße 330, 49377 Vechta, info@agrinova.biz, telephone number 04447 961284
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 model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, 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 revocation:
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to
Agri Nova Project Management GmbH
Oldenburger Strasse 330,
49377 Vechta,
to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of revocation
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Paragraph 2 (Exclusion of the right of withdrawal)
The right of withdrawal does not apply to the delivery of goods,
- Delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that, due to their nature, are not suitable for return or can spoil quickly or whose expiry 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, due to their nature, they have been inseparably mixed with other goods after delivery.
Paragraph 3 (sample cancellation form)
In accordance with the statutory provisions, we provide information about the model cancellation form as follows and enclose it:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
— To Agri Nova Projektmanagement GmbH, Oldenburger Straße 330, 49377 Vechta, info@agrinova.biz:
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the supply of the following goods (*) — Ordered on (*)/received on (*) — Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if notification is made on paper) — Date (*)Delete as appropriate
Paragraph 4 (Notes)
(1) Please avoid damage and contamination. (2) Please send the goods back to us in their original packaging with all accessories and packaging components if possible. (3) If necessary, use protective packaging. (4) If you no longer have the original packaging, please ensure that the goods are adequately protected against transport damage by using suitable packaging in order to avoid claims for damages due to damage caused by 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 [Information on data processing]
(1) We collect customer data as part of the processing of contracts. (2) In doing so, however, we pay particular attention to 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 that this is 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 the purposes of advertising, market or opinion research. (5) The customer has the option at any time to query the data stored by him from us, to change it or to delete it. (6) Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which is available in printable form on our website at any time.
§ 10 [Warranty rights]
(Paragraph 1) (1) The 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 in writing (e.g. letter or email) within two weeks of the defect occurring. (3) Sending the notification is sufficient for the notification to be timely. (4) If the notification according to sentence 2 is not made within the aforementioned period, the warranty rights expire if they relate to these obvious defects. (5) This does not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item. (Paragraph 2)
We do not provide the customer with any guarantees in the legal sense.
§ 11 [Liability]
(Paragraph 1) (1) Our liability for breach of contractual obligations and tortious acts is limited to intent and gross negligence. (2) This limitation of liability does not apply in the event of injury to the life, body or health of the customer, claims for the breach of essential contractual obligations (cardinal obligations) and compensation for damages caused by delay (Section 286 of the German Civil Code). (3) Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable, typical damage, unless intent or gross negligence is involved. (4) The provisions of the Product Liability Act remain unaffected. (Paragraph 2) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by any of our employees, representatives and vicarious agents.
§ 12 [Right of withdrawal of Agri Nova Projektmanagement 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 only of a temporary nature 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 a contract has been entered into with a sub-supplier to cover the customer's order (covering transaction) and the sub-supplier does not deliver the ordered goods and the resulting impediment to performance was not our fault. (3) In the aforementioned cases, we naturally undertake to inform the customer immediately of this defect and to immediately reimburse the contractual partner for the consideration.
§ 13 [Final provisions]
Paragraph 1 (Place of jurisdiction) If the customer is a consumer and does not have his general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the court responsible for the registered office of Agri Nova Projektmanagement GmbH. Paragraph 2 (Applicable law) The law of the Federal Republic of Germany applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. Paragraph 3 (Severability clause) (1) Should one of these provisions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. (2) The relevant statutory provisions shall apply in place of the invalid or unenforceable provision. (3) The same applies in the event of a regulatory gap.
Status: January 2023
