§ 1
The following general terms and conditions form the basis for the entire business relationship between the customer and SchüRo Flavor Market GmbH.
The terms and conditionsSchüRo Flavor Market
GmbH have exclusive validity within the business relationship. In particular, deviating general terms and conditions of third parties - not even when they are known - do not become part of the contract or otherwise part of the business relationship.
If consumers are mentioned in the context of these terms and conditions, they are to be understood as natural persons within the meaning of Section 13 of the German Civil Code (BGB) with whom business relationships are entered into without a commercial or independent professional activity being attributable to them.
Entrepreneurs within the meaning of these terms and conditions are, according to § 14 BGB, natural or legal persons or partnerships with legal capacity, with whom business relationships are entered into and who act in the exercise of their commercial or independent activity.
Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs.
§ 2
The following rules apply to the conclusion of a contract when placing an order in our online shop:
The presentation of the products in the online shop does not constitute a legally binding offer to conclude a contract, which would lead to the conclusion of the contract through unilateral acceptance, but is merely a non-binding online catalog. After submitting the order, the customer makes an offer. Confirmation of receipt of the order follows immediately by email. The contract with us is concluded when we accept the customer's offer in writing or in text form within two weeks or send the ordered goods.
By clicking the button "Order with payment" in the last step of the online ordering process, the customer places a binding order for the goods contained in the shopping cart. By placing an order to the customer SchüRo Flavor Market
GmbH sends, he makes a binding offer. The SchüRo Flavor Market
GmbH reserves the free decision to accept this offer.
Specifically, and not mentioned above codes of conduct, we are not subject to. You can recognize any input errors when placing your order in the final confirmation before the checkout and correct it at any time using the delete and change function before sending the order. The essential features of the goods we offer and the period of validity of limited offers can be found in the individual product descriptions on our website. The language available for the conclusion of the contract is exclusively German. You can raise complaints and warranty claims at the address given in the provider identification.
You can save the contract text to your computer by clicking the right mouse button on your browser or print it out using the print function of your browser. The contract text for orders in our internet shop is not accessible to the customer. The contract will also be stored by us.
In the online shop, you will be informed about options to identify and correct input errors as part of the order process.
§ 3
The prices given in the online shop are decisive.
§ 4
With the exception of the managing directors, employees are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract. Such a side agreement would exceed the employee's authority to represent and forSchüRo Flavor Market
GmbH have no effect.
§ 5
If theSchüRo Flavor Market
GmbH should be responsible for any faulty delivery or non-delivery, the conclusion of the contract is subject to the correct and timely delivery by the suppliers ofSchüRo Flavor Market
GmbH.
§ 6
The purchase price is due immediately - i.e. at the time the contract is concluded. The purchase price includes the VAT. In order to hedge the credit risk, we reserve the right to carry out the requested delivery only against prepayment in accordance with the respective creditworthiness.
Payment by credit card is not possible.
During the delay, the entrepreneur has to pay interest on the monetary debt in the amount of 8% above the base rate. We reserve the right vis-à-vis the entrepreneur to prove and claim higher default interest damage.
The entrepreneur has the right to offset only if his counterclaims are undisputed or legally established.
§ 7
The current list of the online shop is decisive for the scope of the range of goods that can be ordered.
In cases of force majeure, theSchüRo Flavor Market
GmbH is entitled to extend delivery times.
Delivery takes place at the shipping costs specified in the offer.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the thing sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over. If the buyer is an entrepreneur, the risk and the risk of shipment pass as soon as we have handed over the goods to the commissioned carrier.
If the customer is an entrepreneur, we will inform immediately if a delivery period specified in the offer cannot be met for reasons for which we are not responsible. At the same time, we will determine a new reasonable delivery time. If the ordered item is not available within this new delivery period, we are entitled to withdraw from the contract. We will immediately reimburse any consideration already paid.
§ 8th
Defects in the delivered goods, in particular complaints due to damage, are to be paid by the customer, provided that he is an entrepreneur, without delay and without culpable delay, at the latest seven days after receipt of the goodsSchüRo Flavor Market
GmbH. With the expiry of this period, it is with respect to the access to theSchüRo Flavor Market
GmbH arrives, the goods are considered properly accepted.
§ 9
The warranty period for new goods is two years from delivery of the goods. For used goods, the warranty period is one year from delivery of the goods. The one-year warranty period does not apply if we can be blamed for gross negligence, in the case of physical and health damage attributable to us and in the event of loss of the customer's life. Our liability under the Product Liability Act remains unaffected.
The warranty for used goods is excluded if the customer is an entrepreneur.
Consumers have the choice of whether the supplementary performance should take the form of rectification or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we initially provide warranty for defects in the goods at our option by means of rectification or replacement.
If the supplementary performance fails, the customer can in principle choose between a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal) and compensation. If there are only minor defects, the customer has no right of withdrawal. If the customer chooses compensation, the liability restrictions apply. § 8th.
Entrepreneurs must immediately inspect the goods for quality and quantity deviations and notify us of any visible defects in writing within a period of one week from receipt of the goods; otherwise the assertion of warranty rights is excluded. Hidden defects are to be reported to us in writing by entrepreneurs within a period of one week from discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the defect.
The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.
Complaints, other complaints and suggestions should be sent to:
SchüRo Flavor MarketGmbH
Presley Boulevard 11
61231 Bad Nauheim
Germany
Email: info@flavour-market.de
§ 10
Right of withdrawal
In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents are limited to the foreseeable, typical, direct average damage. We and our vicarious agents are not liable for slightly negligent breaches of duty that are not essential to the contract, the breach of which does not endanger the execution of the contract. The above limitations of liability do not affect customer claims arising from product liability or from a guarantee. Furthermore, the liability restrictions do not apply to physical and health damage attributable to us or if the customer's life is lost.
We are only liable for our own content on the website of our online shop. As far as we enable access to other websites with links, we are not responsible for the external content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will block access to these pages immediately.
Right of withdrawal
§ 11 right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us
SchüRo Flavor MarketGmbH
Presley Boulevard 11
61231 Bad Nauheim
Germany
Email: info@flavour-market.de
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form, but this is not mandatory. You can also electronically fill in and send the sample withdrawal form or another clear statement on our website [www.flavour-market.de].
If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
§ 12 Consequences of the cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract
SchüRo Flavor MarketGmbH
Presley Boulevard 11
61231 Bad Nauheim
send back or hand over. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
End of revocation
§ 13
SchüRo Flavor Market GmbH reserves ownership of the delivered goods until all claims against the buyer that have arisen directly or indirectly from the business relationship have been settled.
We are entitled to withdraw from the contract if the customer behaves contrary to the contract, in particular in the event of delayed payment, and to demand the return of the goods.
§ 14
The SchüRo Flavor Market
GmbH treats the customer data given to it in strict confidence.
We store and process your customer data in compliance with the relevant regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Your personal data will only be collected for specified, clear and lawful purposes and will not be kept for longer than necessary. You have the right to free information, correction, blocking and possibly deletion of your stored data at any time. Please contact by email
info@flavour-market.de or send us your request by post.
We will not pass on your personal data, including your home address and email address, to third parties. This does not apply to our service partners, who require the transmission of data for order processing. In these cases, however, the amount of data transmitted is limited to the minimum necessary.
§ 15
On the websites www.flavour-market.de, www.flavour-market.com, www.flavor-market.de, www.flavor-market.com
and the associated subdomains are links to other sites on the Internet. TheSchüRo Flavor Market
GmbH expressly emphasizes that it has no influence on the design and content of the linked pages. TheSchüRo Flavor Market
GmbH
therefore assumes no liability for the topicality, correctness, completeness or quality of the information provided there and hereby expressly distances itself from all content on these pages. This declaration applies to everyone at theSchüRo Flavor Market
GmbH
and their websites contain links to external sites and all contents of these sites to which these links lead.
§ 16
The terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Hanover.
The change of the general terms and conditions remainsSchüRo Flavor Market
GmbH
Reserved. The customer is obliged to check the content of the terms and conditions before submitting an order offer.
Bad Nauheim, April 14th, 2020