General Terms and Conditions of Trade
for the online store of the German Society for the other succulents “Fachgesellschaft andere Sukkulenten e. V.”
§ 1 Scope
With the order of articles in the online store of “Fachgesellschaft andere Sukkulenten e.V.”, you accept our terms and conditions.
§ 2 Basis of contract
(1) The sale of goods takes place only in usual quantities. The presentation of the range of the Society “Fachgesellschaft andere Sukkulenten e.V.”, accessed via the internet on computers, is not an offer within the meaning of §§ 145 et seq. German Civil Code “BGB“.
(2) By placing an e-mail order at the Society “Fachgesellschaft andere Sukkulenten e.V.”, you make an offer within the meaning of § 145 German Civil Code “BGB”.
(3) You enter into a contract with the Society “Fachgesellschaft andere Sukkulenten e.V.“ when the Society “Fachgesellschaft andere Sukkulenten e.V.” accepts this offer. The acceptance is subject to the availability of the ordered goods or services. The declaration of the acceptance by the Society “Fachgesellschaft andere Sukkulenten e.V.“ is not necessary; you resign in this respect the declaration within the meaning of § 151 p. 1 German Civil Code “BGB”. If the Society “Fachgesellschaft andere Sukkulenten e.V.” cannot accept your offer, it will be communicated to you.
§ 3 Prices, payment and delivery terms
(1) All prices are without insurance, packing and shipping or transportation costs.
(2) If you are in arreas with payments, the Society “Fachgesellschaft andere Sukkulenten e.V.“ is entitled to demand default charges equivalent to 5 % above the respective base rate. The right of the Society “Fachgesellschaft andere Sukkulenten e.V.“ to assert a higher damage remains unaffected.
(3) Our offer is subject to confirmation as long as supplies last.
(4) Delivery will take place as soon as possible, a period of delivery is not agreed.
§ 4 Title retention
Until the payment of all existing claims against you, the delivered goods remain the property of the Society “Fachgesellschaft andere Sukkulenten e. V.”.
§ 5 Liability for defects
(1) During a warranty period of 24 months, the Society “Fachgesellschaft andere Sukkulenten e. V.” will be liable for defects existing in the delivery of the goods under the following rules.
(2) You will immediately communicate possibly upcoming defects to the Society “Fachgesellschaft andere Sukkulenten e. V.”. If there are defects for which the Society “Fachgesellschaft andere Sukkulenten e. V. is responsible, the Society will correct these defects or replace the goods, depending on your choice.
(3) In the following cases, you have the right to terminate a contract regardless of any claims for damage or you are entitled to require an abatement of the purchase price: The correction of the defects or the replacement fail, the Society “Fachgesellschaft andere Sukkulenten e. V.” is not willing or is not able to accomplish either the correction or the replacement; the Society “Fachgesellschaft andere Sukkulenten e. V.” is responsible for a delay within unreasonable period of time.
§ 6 Liability
(1) The Society “Fachgesellschaft andere Sukkulenten e.V.” is absolutely liable for defects caused in an intentional and reckless manner as well as in the case of fraudulent concealment of defects. The liability of the Society “Fachgesellschaft andere Sukkulenten e.V.” also applies to a guarantee of quality, for claims under the Product Liability Law as well as for physical injuries.
(2) The Society “Fachgesellschaft andere Sukkulenten e.V.” is only liable for other damages if a duty is violated which has a special importance with relation to the fulfillment of the purpose of the contract (cardinal duty) and if the damages are typical and predictable because of the contractual use of the goods.
(3) In such a case, liability is limited to an amount equal to twice the purchase price paid under this contract.
(4) More extensive liability is excluded, particularly for damages which have not arisen at the product itself, for lost profits or other financial loss.
§ 7 Right of revocation
(1) You are entitled to revoke your declaration of intention concerning the contract formation within one month after receipt of goods, whether by writing (e.g. letter or e-mail) or by returning the goods to the Society “Fachgesellschaft andere Sukkulenten e. V.”. The timely dispatch of the goods suffice for the preservation of the period. You carry the burden of proof concerning the dispatch of the goods to be sent back.
(2) In case of applicable revocation, you are obliged to give back the received goods. If you can return the received goods only in parts or in deteriorated condition, you have to recompense the loss corresponding to the depreciation, in favor of the Society “Fachgesellschaft andere Sukkulenten e.V.”. Provided that you have already paid the purchase price, the Society “Fachgesellschaft andere Sukkulenten e.V.“ is entitled to subtract the depreciation from the repayment sum. In a given case the value of depreciation can correspond to the payed purchase price.
(3) You have to bear costs concerning the return of goods with an order value up to € 40,–, unless the delivered goods or services don’t correspond to the ordered goods or services.
(4) In case of applicable revocation, the Society “Fachgesellschaft andere Sukkulenten e. V.” repays in return the purchase price if any already paid by you. If neccesary, costs of return according to subparagraph 2 HS 1, paid by the Society “Fachgesellschaft andere Sukkulenten e. V.”, are subtracted. Potential costs of bank transfers concerning foreign-going payments are also subtracted. Until the full return of the goods, the Society “Fachgesellschaft andere Sukkulenten e. V.” may exercise its right of retention.
(5) The right of revocation is excluded in contracts
a) concerning the delivery of flowers or other easily perishable goods;
b) concerning the delivery of newspapers, periodicals and magazines;
c) concerning the delivery of audio recordings, video recordings or software, provided that the delivered media were unsealed by the customer;
d) concerning the delivery of goods which were produced after the customer’s specifications (p. e. personal books);
e) concerning the delivery of articles of importation which are designated as such in the detailed view.
As for the rest, § 312 d subparagraph 4 German Civil Code “BGB“ applies.
(6) In case of exclusion of the revocation and the return according to § 312 d subparagraph 4 German Civil Code “BGB” and according to § 7 subparagraph 5 of our General Terms and Conditions of Trade, you have to bear costs of further shipping after the return of the goods.
§ 8 Applicable Law and Place of Jurisdiction
Under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), the law of the Federal Republic of Germany is applied to this conctract and the legal relations between the parties.
Place of Jurisdiction agreed is Cottbus, insofar as it is permitted by law.
Notes on Distance Selling Act
Seller is:
German Society for the other succulents “Fachgesellschaft andere Sukkulenten e.V.”
Office
Wilfried Burwitz
Postfach 100 206,
D-03002 Cottbus
phone: (0355) 792537
e-mail:
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Bank details:
Fachgesellschaft andere Sukkulenten e.V.
Raiffeisenbank Oldenburg
bank code number 280 60 228
account number 810 89 400
IBAN: DE60280602280081089400
BIC: GENODEF1OL2
