General Terms and Conditions with Customer Information 1. Scope 2. Conclusion of Contract 3. Right of Revocation 4. Prices and Terms of Payment 5. Delivery and Shipping Conditions 6. Reservation of Title 7. Liability for Defects 8. Redemption of Action Vouchers 9. Applicable Law 10. Information on Online Dispute Resolution 1. Scope 1.1 , These General Terms and Conditions (hereinafter referred to as the "Terms") of "Matilde Pinto", under "Matilde's Cold Pressed Juices" (hereinafter "Seller"), apply to all contracts entered into by the consumer or entrepreneur (hereinafter "Customer") with the Seller the goods completed by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. 1.2. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. 1.3. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity. 2. Conclusion of contract 2.1. The product presentations contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer. 2.2. The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax, e-mail or post to the seller. 2.3. The seller can accept the offer of the customer within five days, - by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), where the receipt of the order confirmation at the customer is authoritative, or - by the customer delivers the ordered goods, in which case the access of the goods to the customer is decisive, or - by requesting the customer after submission of his order for payment. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 2.4. If you select the payment method "PayPal Express", payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") under the terms of PayPal Terms of Use, available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as part of the online ordering process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. Deviating from clause 2.3, the seller hereby already declares acceptance of the offer of the customer in the moment in which the customer triggers the payment process by clicking on the button concluding the order process. 2.5. When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. 2.6. Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order in the context of the electronic ordering process continuously over the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions. 2.7. For the conclusion of the contract, only the German language is available. 2.8. Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered. 3. Right of withdrawal 3.1. Consumers are in principle entitled to a right of withdrawal. 3.2. Further information on the right of revocation result from the cancellation policy of the seller. 3.3. The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract. 4. Prices and terms of payment 4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not shown because the seller is a small business owner within the meaning of § 19 Abs. 1 UStG. If applicable, additional delivery and shipping costs are specified separately in the respective product description. 4.2. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 4.3. The customer has various payment options available, which are specified in the online shop of the seller. 4.4. If prepayment is agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise. 4.5. When selecting the payment method "PayPal", the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https: // www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account. 4.6. If you select the payment method "PayPal Direct Debit", PayPal will deduct the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information has expired on behalf of the seller. Pre-notification ("Pre-Notification") is any notification (eg invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of an incorrect bank account or the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this , 4.7. If you select the payment method "PayPal Credit" (installment payment via PayPal), the seller transfers his payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative examination result. If the payment method "PayPal Credit" is approved by PayPal, the customer has to pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the online shop of the seller. In this case he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible in the case of assignment of claims for general customer inquiries z. For example, to the goods, delivery time, shipping, returns, complaints, revocation and send or credit. 4.8. If you select the payment method "PayPal Invoice", the seller transfers his payment claim to PayPal. Before accepting the seller's assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method "PayPal Rechnung" in the case of a negative examination result. If the payment method "PayPal invoice" is approved by PayPal, the customer has to pay the invoice amount within 30 days from receipt of the goods to PayPal, provided that PayPal does not specify any other payment term. In this case he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible in the case of assignment of claims for general customer inquiries z. For example, to the goods, delivery time, shipping, returns, complaints, revocation and send or credit. In addition, the General Terms of Use for the use of the invoice purchase of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms. 5. Delivery and shipping conditions 5.1. The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the checkout of the seller is decisive. Notwithstanding this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive. 5.2. If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller. 5.3. In the case of pickup, the seller informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged. 5.4. Vouchers will be given to the customer as follows: by e-mail via download by post 6. Reservation of ownership If the seller makes an advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price due. 7. Liability for defects 7.1. If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 7.2. The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects. 8. Redemption of promotional vouchers 8.1. Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period. 8.2. Action vouchers can only be redeemed by consumers. 8.3. Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher. 8.4. Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. 8.5. Only one action coupon can be redeemed per order. 8.6. The value of the goods must at least equal the amount of the action voucher. Any remaining balance will not be refunded by the seller. 8.7. If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller can be selected to settle the difference. 8.8. The balance of an action voucher is neither paid in cash nor interest. 8.9. The action voucher will not be refunded if the customer returns all or part of the goods paid for with the action voucher as part of his statutory right of withdrawal. 8.10. The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder. 9. Applicable law 9.1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 9.2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract. 10. Information on online dispute resolution The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchases - or service contracts involving a consumer. We are not obliged to participate in a dispute settlement procedure before a consumer dispute resolution body, but in principle we are ready to do so.
