General terms and conditions of business

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. 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.

These General Terms and Conditions also apply to entrepreneurs for future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with buah GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.

A binding contract can also be concluded beforehand as follows:

  • If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
  • If you have chosen Sepa direct debit, the contract is concluded when the notification is received on the date of the account debit (prenotification).
  • If you have chosen the PayPal payment method, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
  • If you have chosen the SOFORT transfer payment method, the contract is concluded at the time the payment instruction is confirmed to SOFORT GmbH.
  • The languages ​​available for concluding the contract are German and English.

We save the contract text and send you the order details and our general terms and conditions by email. You can view the terms and conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the Internet.

3. Delivery conditions

In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

4. Payment

The following payment methods are available in our shop:

Credit card

Your credit card will be charged upon completion of the order.

SEPA direct debit

If you give us a SEPA mandate, payment will be made by direct debit from your bank account. The account will be debited before the goods are shipped. We will inform you separately in advance about the date of the account debit.

Paypal

You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, identify yourself with your access data and confirm the payment instruction to us. You'll get more information during the ordering process.

Instant bank transfer

We also offer IMMEDIATE bank transfer. Herewith we receive the transfer credit immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Using SOFORT GmbH's secure payment form, which is not accessible to retailers, SOFORT Transfer automatically and in real time places a transfer in your online bank account. The purchase amount is transferred immediately and directly to the retailer's bank account. If you choose the SOFORT transfer payment method, a pre-filled form will open at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every internet user can use the SOFORT transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that SOFORT transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und- Answeren/

Amazon Payments

With Amazon Payments, you use the payment and shipping information stored in your Amazon account to pay. All you need is your Amazon login details. In principle, you must be registered there or register first, identify yourself with your access data and confirm the payment instruction to us. You will receive further information on how to get to the payment provider's website during the ordering process.

5. Right of withdrawal

Consumers have the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Retention of title

The goods remain our property until full payment.

The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability law applies.

For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.

If the item delivered is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or fraud
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the scope of application of the Product Liability Act is opened.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.

9. Liability

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty
with guarantee promises, if agreed
as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

10. Online Dispute Resolution

Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

11. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.