Contractual provisions for purchase contracts which are agreed via the platform www.Nuremberg-bratwuerste.de
The Schutzverband Nürnberger Bratwürste e.V., Trödelmarkt 58, 90403 Nürnberg, Tel. +49 (0) 911 / 9373877, registered in the Associations Register at the Nuremberg District Court, under registration number VR 3124, represented by its Chairman Dr Rainer Heimler, VAT identification no.: DE 241 110 716 55
- Hereinafter: the "Protection Association" -
The customer named in Section 2 of the Contract, hereinafter: the “customer.”
§ 1 Scope, definitions
(1) for the business relationship between the Protection Association Nürnberger Bratwürste e.V. (hereinafter "Protection Association") and the customer (hereinafter referred to as "customer") is subject to the following terms and conditions in the version valid at the time the order is made. Any deviating terms and conditions of the customer, which the Protection Association has not expressly acknowledged in writing, shall not be binding on the Protection Association.
(2) A customer is a consumer insofar as he is a natural person who orders goods or services for a purpose that can neither be attributed predominantly to their commercial nor their independent professional activity. On the other hand, an entrepreneur is any natural person or legal entity or a legal partnership which, in concluding a legal transaction, exercises its commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The customer may select products from the Protection Association’s range of products, in particular merchandising articles (esp. Clothing, cutlery and crockery) and books, and place these in the “shopping cart” using the button "add to Shopping Cart". The customer has the opportunity to review the items placed in the shopping cart and to change the items or quantities of items to be ordered. The customer can then click on the button "Checkout" to change to the order overview. Here the customer can see his personal data and select the method of payment. Using the button "order subject to payment" the customer makes a binding request for the purchase of the goods in the shopping cart. The order can, however, only be made and transmitted when the customer accepts these contractual conditions by clicking on the button "Yes, I have taken note of the general terms and conditions and accept these." These terms and conditions will then have been accepted by the customer in relation to his order. Before sending the order, the customer can still review the order data at any time and change it.
(2) Protection Association then sends the customer an automatic confirmation of receipt of the customer’s order by an e-mail, in which the details of the customer’s order of the customer are listed again and the customer can print this out using the "Print” function. The auto-acknowledgement represents the Protection Association’s acceptance of the order. In this e-mail, we will send the customer of the Protection Association the text of the contract (consisting of the order, the General Terms and Conditions, including notes on revocation and order confirmation) on a permanent data carrier (E-Mail) (contract confirmation). Since the Web Shop of the Protection Association offers no means of setting up a personal customer account, the customer will have no further access to the saved contract text and he should therefore either print out or save the order receipt confirmation sent to him.
(3) The conclusion of the contract is made in German, and optionally in English.
§ 3 Delivery, product availability
(1) Delivery times specified by us are calculated from the date of our order confirmation, provided that prior payment of the purchase price has been made. If no other delivery time is specified for a particular product in the online shop, the delivery time is 2-4 days. In relation to goods for which "Advance payment "is specified, delivery will only be sent after receipt of payment.
(2) If at the time of the order made by the customer, no items of the selected product are available, the Protection Association will inform the customer of this in the order confirmation message immediately. If the product is permanently not available, the Protection Association will not make a declaration of acceptance of the order. In such a case there will be no contract between the parties.
(3)If the product designated by the customer in the order is only temporarily not available, the Protection Association shall also inform the customer of this immediately in the order confirmation message. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The customer’s statutory right to withdraw from the contract (see section 9 of these terms and conditions) is not affected by this. In addition, in this case, the Protection Association is also entitled to withdraw from the contract. In such a case, any payments which have already been made by the customer will be immediately refunded.
(4) There are the following delivery restrictions: The Protection Association will only make deliveries to customers who have their habitual residence (billing address) in a Member State of the EU and who can specify a delivery address in the same country. Orders from countries outside the EU can only be agreed on the basis of an individual agreement after the customer has made contact with the Protection Association by post, phone, fax or e-mail.
§ 4 Retention of title
All goods delivered to a customer shall remain the property of the Protection Association until it has received payment in full for them.
§ 5 Prices and shipping costs
(1) All prices in the Protection Association’s Web Shop are shown inclusive of the applicable statutory sales tax.
(2) The prices for the offered books are subject to the fixed book prices in accordance with §§ 3 clauses 1 and 5 of the German Law on the Maintenance of Book Prices (BuchPrG).
(3) The appropriate shipping costs to the customer are specified in the order form and are to be borne by the customer.
(4) The shipping of the goods will be made by post. The dispatch risk will be borne by the Protection Association, if the customer is a consumer.
(5) In the event of any revocation of this contract by the customer, the customer must bear the direct cost of returning goods to the Protection Association.
§ 6 Payment modalities
(1) The customer can make the payment by cash in advance or via Paypal.
(2) The payment of the purchase price is due immediately at the time the contract is concluded. If the due date for payment is determined in accordance with the calendar, the customer will be deemed to be in arrears as soon as he misses a payment date. In this case he must pay the Protection Association default interest at 5 percentage points above the base interest rate.
(3) The obligation of the customer to make interest payments does not exclude the right of Protection Association to assert further claims for loss or damage caused by the delay in payment.
§ 7 Warranty for Defects, Guarantee
The Protection Association is liable for material defects under the relevant statutory provisions, in particular §§ 434 ff. of the German Civil Law Code (BGB.) The warranty period for goods delivered by the Protection Association is 12 months. Guarantees will not be granted.
§ 8 Liability
(1) Customer claims for damages are excluded. Exceptions to this are the customer’s claims for damages of arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations), as well as the liability for other damages which are based on an intentional or grossly negligent breach of duty by the Protection Association, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is essential to the fulfilment of the contractual purpose.
(2) In the case of the violation of essential contractual obligations, the Protection Association shall be liable only for the foreseeable damage typical of the contract, if this was caused by simple negligence, unless it relates to claim for compensation made by the customer arising from an injury to life, body or health.
(3) The restrictions contained in paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Protection Association, if claims are made directly against them.
(4) The provisions of the product liability law remain unaffected hereby.
§ 9 Right of withdrawal
(1) When concluding long-distance sales transactions, consumers have in principle a legal right of withdrawal from the traction. Customers should be informed of this by the Protection Association in accordance with the statutory template shown below. The exceptions to the right of withdrawal are dealt with in paragraph (2). In paragraph (3), there is a template withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The revocation 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.
In order to exercise your right of withdrawal, you must inform us, (Schutzverband Nürnberger Bratwürste e.V., Trödelmarkt 58, 90403 Nürnberg, Tel.: +49 (0) 911/9373877, Fax: +49 (0) 911/9375289, E-Mail: email@example.com), of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. A letter sent by post, a fax or an e-mail). You can use the enclosed template withdrawal form, which is not mandatory, however.
You can use the sample withdrawal form or you can also make another form of unambiguous declaration electronically via our web site www.nuernberger-bratwuerste.de/service/widerruf (revocation) and submit it there. If you make use of this option, we will immediately (e.g. via e-mail) send you a confirmation of the receipt of such revocation of this contract.
In order to observe the withdrawal period it is sufficient for you to send the communication about the exercising of your right of withdrawal before the end of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we must immediately refund to you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), and at the latest within fourteen days from the date on which we receive the communication concerning your withdrawal from this contract. For this refund, we use the same means of payment that you used for the initial transaction, unless otherwise explicitly agreed with you; in no case will you be charged fees for this refund.
We may withhold the refund until we have received the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You must return or transfer the goods promptly and in any event not later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the period of fourteen days.
You shall bear the direct cost of returning the goods.
You must only pay for any deterioration in the value of the goods if this deterioration in value cannot be attributed to your handling of the goods in a manner not necessary for the inspection of the nature, characteristics and functioning of goods.
(2) In accordance with the statutory regulations, the Protection Association will inform customers of their right to withdraw from the contract by means of the template withdrawal form as follows:
Template withdrawal form
(If you want to withdraw from the contract, then please fill in this form and send it back.)
To: Schutzverband Nürnberger Bratwürste e.V.
Telephone: +49 (0) 911/9375289
- I/We (*) hereby revoke the contract agreed by me/us (*) for the purchase of the following products (*)/ the provision of the following services (*)
--- Ordered on (*)/received on (*)
---Name of the consumer(s)
--- Address of the consumer(s)
---Signature of the consumer(s) (only for communications on paper)
(*) Delete as inappropriate
§ 10 Final provisions
(1) All agreements between the Protection Association and the customer shall be governed by the provisions of the law of the Federal Republic of Germany under exclusion of the UN sales law. The statutory regulations on the restriction of the choice of law and, in particular, to the applicability of the mandatory provisions of the State in which the customer, as a consumer, has his habitual residence, remain unaffected.
(2) Provided that the customer is a merchant, a legal person under public law or a special entity under public law, the court of jurisdiction for all disputes arising from the contractual relationship between the customer and the Protection Association shall be the local district court with jurisdiction over the Head Office of the Protection Association.
(3) Even if an individual provision of this contract is, or proves to be invalid or legally unenforceable, the validity or enforceability of the remaining provisions shall not be affected thereby and will remain binding on the parties. In place of the ineffective or unenforceable provisions, the relevant statutory regulations, where available shall apply. Insofar as this would constitute an unreasonable hardship for either of the parties to the contract, however, the contract as a whole becomes ineffective.
As of: 16.09.2015