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GENERAL TERMS AND CONDITIONS

 

§ 1 GENERAL

(1) These general terms and conditions (the “Terms”) contain the only contract terms between you and us, earthfriendly-shop.net, Claus Lehmann, Grosse Strasse 12, D-27356 Rotenburg, Germany (the “Company”). The Company is represented by its owner: Claus Lehmann.


§ 2 REGISTRATION

(1) Your registration to our online platform is free of charge. You do not have a right to register to our online platform and you can only register if you are of the minimum legal age or above required to enter into contracts. You have to provide a copy of your passport or national identity card on our demand. To register you will be required to complete the registration form on our website and send it to us. You undertake to provide complete and accurate personal data. When you register you will be required to choose a personal username and password. The username must not infringe rights of third parties or infringe trademarks or be unlawful. You are required to keep your password safe and not disclose it to any third parties.

(2) With the exception of you agreeing to the Terms your registration will not result in any obligations on you. You may delete your registration at any time under “My Account”. The registration itself does not present an obligation on your part to purchase any products offered by the Company.
 

(3) If any of your personal details change you must inform the Company as soon as possible. You may update your details by signing into your account at the Company’s website and update the relevant section under “My Account”. 

 

§ 3 PRIVACY

(1) Any personal information provided to or gathered by the Company (including but not limited to name, address, date of birth, email address, phone number, fax number, bank account details and credit card details) are gathered, processed and stored subject to privacy and data protection laws of the Federal Republic of Germany.

 

(2) Your personal data as required for contracts for purchases between you and the Company (“Core Data”) will be solely used for the processing and fulfilment of such contracts for purchases for instance the delivery of goods ordered by to the address provided by you. The use of your Core Data for marketing, advertising, market research or to provide targeted and tailored offers to you requires your explicit consent. You will have the opportunity to consent prior to confirming your order. This consent can be reviewed on the Company’s website and can be withdrawn at any time.

 

(3) Your personal data required provide services are solely used for these purposes to fulfil contracts for purchases between you and the Company (“User Data”). Such User Data include in particular your identification as user, data relating to the time of usage of the Company’s website and other related data of usage of our services. Such User Data will be used for marketing and market research purposes or to help us customize and personalize our website by setting up user profiles using pseudo profiles. You are entitled to object to the use of your User Data for these purposes and can to so under “My Account”. Under no circumstances will the Company link such profiles with the actual personal data.

 

(4) If you require further information or wish to review your consent to the Company’s use of your Core Data or withdraw such consent please contact info@earthfriendly-shop.net

 

§ 4 CONTRACT BETWEEN YOU AND THE COMPANY

The display of our products does not present an offer to enter into a binding contract on the part of the Company. Solely an order by you is a binding offer on your part to purchase products from the Company (according to § 145 BGB of the German civil code). If the Company accepts such offer you will receive confirmation by email and the contract for purchase becomes binding and effective.

  

§ 5 PAYMENT

(1) Payment of the whole of the price for the goods that you ordered is due immediately with the contract becoming binding and effective. Payment is by credit card (we use the secure payment and transfer process “SSL” to encrypt your personal data), bank transfer or Paypal.

 

(2) If the Company does not receive the whole of the price for the goods that you ordered within 6 business days from the date of order the Company is entitled to withdraw from the contract and cancel the order. You will find the payment terms here. LINK

 

§ 6 RETENTION OF TITLE

The Company retains title to and ownership of all goods until the whole of the price for the goods that you ordered. If payments are late by more than 10 days we are entitled to withdraw from any contract and demand to receive any goods which had already been delivered back.

 

  

§ 7 DELIVERY OF GOODS

(1) The Company will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give the Company at the time you make your order. Applicable delivery costs are quoted with the product description or the order confirmation and will be shown separately on the invoice.

 

(2) Delivery times are only binding if they have been confirmed by the Company. Delivery will be made in Germany within 1 to 3 working days from acceptance of and receiving full payment for your order, within 3 to 7 working days in the case of other European Union countries, within 3 to 14 working days in the case of non-EU European countries or within 7 to 20 working days in the case of non-European countries.

 

(3) If the Company does not make delivery according to contract you will have to provide additional time for delivery as otherwise you will not be entitled to withdraw from the contract.

 

(4) In the event of withdrawal you will have to bear the cost of shipping to goods back.


§ 8 WITHDRAWAL

You have a right to withdraw from the contract. The conditions and effects of a withdrawal are shown below.

  

§ 9 WARRANTY

(1) If the goods the Company delivers are damaged or defective you are entitled by law to demand a replacement or repair of any goods that are damaged or defective of receive a reduction in purchase price or withdraw from the contract.

 

(2) The statutory period of limitation with regards to warranty claims is 2 years from receipt of the goods in question.

 

§ 10 LIABILITY

(1) The Company is only liable in the events of wilful intent or gross negligence. The Company is also liable for breaches in undertakings the compliance with which would ensure an orderly fulfilment of the contract and which you as a customer have to be able to regularly rely on. The Company will not be liable for any indirect or consequential loss or damage arising out of and breaches of contract. These limitations of liability do not apply to death or injury resulting from the Company’s negligence. Liability Nothing in these Terms is intended to limit any rights you might have as a consumer under applicable law.

(2) Communication via the internet cannot be assured to take place without errors and we are not liable for the continuous and uninterrupted availability of our online platform without errors.

 

§ 11 EU Online Dispute Resolution

You can reach the Online Dispute Resolution platform which is developed and operated by the European Commission by using this external Link: 
http://ec.europa.eu/consumers/odr/

 

§ 12 dispute resolutions through Consumer Arbitration Services

earthfriendly-shop.net is not obliged and not willing to take part in dispute resolutions through Consumer Arbitration Services.

 

§ 13 OTHER TERMS

(1) Amendments to these Terms are required to be made in writing. This also applies to amendments to this clause 13(1)

(2) The contract between you and the Company shall be governed and interpreted in accordance with the laws and regulations of the Federal Republic of Germany under exclusion of UN purchase contract laws. Applicable laws of the country or your residence remain valid.

(3) The courts of Rotenburg (Wümme), Germany shall have sole jurisdiction to resolve and dispute between you and the Company.

(4) If any part of these Terms is invalid or unenforceable or contrary to applicable laws the validity and enforceability of any other part of these Terms will not be affected. The parties agree to replace the invalid or unenforceable clauses of the Terms through clauses which best reflect the intentions of the parties entering into the contract.

(5) Notwithstanding this translation of our Terms into the English language for convenience to exclusive language of contract is German. The original Terms in German language can be reviewed on the Company’s website.

 

In these Terms:

“us” or “we” or “our” means the Company;

“you” or “your” means the person ordering goods under these Terms

“business day” means every day of a calendar year apart from weekends and statutory public holidays in the state of Niedersachsen in the Federal Republic of Germany.

 

 

WHEN YOU VISIT THE COMPANY´S WEBSITE AND ORDER GOODS WE WOULD LIKE TO MAKE YOU AWARE OG THE FOLLOWING:

(1) Please review the product descriptions on the Company’s website for the key features and characteristics of the products offered by us as well as the term of certain limited period offers.

(2) The display of our products does not present an offer to enter into a binding contract on the part of the Company. Solely an order by you is a binding offer on your part to purchase products from the Company (according to § 145 BGB of the German civil code). If the Company accepts such offer you will receive confirmation by email and the contract for purchase becomes binding and effective.

(3) Any errors in your order can be reviewed and identified when confirming your order and can be rectified using the delete and change functionality at any time before final confirmation of the order.

(4) If the Company has insufficient stock to deliver the goods ordered by you we reserve our right to not fulfil the contract.

(5) Any and all prices displayed are including applicable VAT but excluding delivery and shipment cost. 

(6) The purchase price is immediately due and payable with entry into the contract. Payment is by credit card (we use the secure payment and transfer process “SSL” to encrypt your personal data), bank transfer, Paypal or Iclear. Our account details are: Claus Lehmann, Sparkasse Rotenburg-Bremervörde , IBAN: DE36 2415 1235 0000 1660 25, BIC: BRLADE21ROB.

(7) Customers who are individuals and not buying goods on behalf of a business may under certain circumstances have a right to withdraw from the contract as set out below.

(8) Personal data required by us to process your order and fulfil the contract are stored by the Company and can be accessed at any time. We refer to applicable data protection laws reflected in our Terms.

(9) We do not comply with any particular codes of conduct over and beyond what is part of the Terms. 

(10) For all other matters we refer to the Terms.

 

 

RIGHT OF WITHDRAWAL

You may withdraw your order for goods at any time up to the end of the fourteenth day after you have ordered goods without giving reasons for withdrawing. You will have to declare your withdrawal in writing (e.g. via letter, fax, email) or in the event you have received the goods through sending back the goods received to the Company. This period starts upon receipt of these Terms however not before you have received the goods and not before the Company has complied with and satisfied any information requirements according to Clause 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (European civil code). You must notify your withdrawal in writing to:

 

earthfriendly-shop.net
Claus Lehmann
Große Str. 12
D-27356 Rotenburg
GERMANY
 
Fax +49 (0)4261 2346

 

Via email to: info@earthfriendly-shop.net


 

EFFECTS OF WITHDRAWAL

In the event of an effective and binding withdrawal you must send any goods received back to the Company and if applicable compensate the Company for any benefits obtained from usage. If the goods received can only be sent back in a worse condition than the condition they were in when supplied and delivered a compensation has to be made to the extent this deterioration is due to usage which goes over and beyond a mere examination or inspection of the features and functionality of the goods received. Commonly an inspection of the features and functionality of the goods is an inspection and testing the way it would be possible at a retail outlet such as store. Goods need to be sent back to the Company at your own risk and at your own cost. Goods which are not capable of being sent as a package will be collected at your address. Obligations to reimburse purchase prices must be fulfilled within 30 days from sending the notice of withdrawal.

 

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