Terms, information for consumers in distance contracts, as well as information for contracts in electronic commerce.
1.1 Contract language is German
1.2 Provider of nutrixxion.com
nutrixxion.com is an offer of
CCS Germany GmbH
Phone: +49 (0) 231 565583-0
Fax: +49 (0) 231 565583-20
Represented by the managing partners: Mark Claußmeyer
Registration Court Amtsgericht Dortmund - HRB 7877
UStId No.: DE 124 792 173
1.3 Special codes of conduct, we are not subject.
1.4 1.4 Applicability of the GTC
The following terms and conditions apply to all contracts concluded between the seller and the customer contracts for the supply of goods (in the current version) where no individual contractual agreements are met.
If the contractual partner also uses Conditions, the contract comes into existence even without express agreement on the inclusion of general terms and conditions. As far as the different conditions are in tune, they shall be deemed agreed. Deviating general terms and conditions of the customer recognizes the provider otherwise not.
Within these terms and conditions is in accordance with § 13 BGB means any natural person who enters into a transaction for a purpose which can be attributed to which neither commercial nor its independent vocational activity.
Entrepreneurs within the meaning of these terms is in accordance with § 14 BGB a natural or legal person (eg a limited liability company or a joint stock company) or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity. A legal partnership is a partnership (eg a GbR), which is equipped with the ability to acquire rights and incur liabilities. Customers in terms of these Terms and Conditions are both consumers and entrepreneurs.
The prices of the supplier are for deliveries within Germany, including the applicable VAT, z. Time 19%, or 7%, from stock, in euro. The shipping costs are shown separately and are both on the link "plus. Shipping costs "in the relevant product prices or by pressing the button" Returns "on the bottom of the page called up.
3. Conclusion of the contract
All offers in the web shop are non-binding and remains free catalog offers and not a trade offer within the meaning of § 145 BGB. The goods contained in the web shop are merely invitations to make an offer to the other party. The customer enters his order a binding offer. To contract a declaration of acceptance by the seller is required.
The customer is bound to his offer for 48 hours. Within this period, the offer may be removed at any time by the vendor. The receipt of the order is immediately electronically, regularly confirmed by the supplier via e-mail. This e-mail confirmation is only for the information that the customer's order has been received. With a second mail the customer's offer is expressly accepted and the contract of sale has been concluded. Should this second email, the order confirmation, not received by the customer within 48 hours of your order, the customer's offer (see 3.1.1) is rejected.
3.1.3 Technical steps leading to the conclusion of the contract
To order the following technical steps:
- If the customer wishes to purchase one or more products, it can in the individual offers on the button with the shopping cart icon (highlighted in red) button. The products are then collected in a virtual "basket".
- Once the customer all the goods he wants to buy has collected in the "basket", he can click the button look at the goods collected, either by clicking on "cart summary" or via the button "Add to cart" (top right, in red),
- In the next step the customer can "checkout" click on the button and then on the next page either as a new customer, first register, log in as a registered customer or as a "guest" just make the specification of the necessary order data, without further registration.
- After registering, the specification of the necessary order data or logging the customer can click on the button "Checkout" and then select the payment method. To then go to the next page is the additional button "Checkout" to click.
- In the next, the final page of customer orders, including transportation costs and VAT and other order details are displayed and the customer can check all his information again. If the customer would like to correct its data, this can be done by clicking under the each corrected item on the "Edit" button and using the usual mouse and Key bindings the data will be re-entered. Before continuing the ordering process, would the Conditions and the cancellation notice and noting in the boxes provided to put a tick. The ordering process can not be completed without this information.
- "Order Payment Paid" If the customer clicks on the button, the customer makes a binding order for the goods in your shopping cart ("Buyer").
- The customer receives subsequently a confirmation e-mail that the supplier has received his order. This mail does not accept the offer. It was not until a second mail the customer's offer is either expressly accepted. Should be received by the customer within 48 hours of your order, no assumption mail (order confirmation), the customer's offer is rejected.
3.2 Ways to identify entry errors and rectify
The customer can possible before issuing its offer input error at any time by calling the "basket" (click on the button "basket"). The changes can be made by using the mouse. For this purpose, in the cart in the box "Number", the order amount will be changed with the mouse cursor and the left mouse button and the numeric keyboard and then click the "Update" button (represented by an annular arrow) whereupon the order size is changed or there you can click on the button below to delete the article, represented by an X, followed by the corresponding item is deleted. Errors can last order step by clicking the left mouse button on the button "Edit" to correct what they may be edited again. Errors can before the final submission of an offer by the customer, if necessary, by pressing the "Back" are corrected button of the browser on the previous pages with the usual means of the keyboard and the mouse cursor.
The customer can also interrupt before submitting his tender any time the ordering process - in this case does not constitute a contract.
4. Costs for the regular return costs when exercising the right of withdrawal:
If the customer has a right of withdrawal according to § 312 para. 1 sentence 1 BGB, it is agreed that it when exercising the right of withdrawal, the regular cost of the return be imposed if the price returned does not exceed an amount of 40 euros, or when a higher price the thing the customer has the consideration or a partial payment at the time of the revocation not yet rendered, unless the goods delivered not ordered. In all other cases, the seller bears the costs of return.
5. Payment options
As payment options offers the provider the options:
Invoices are due immediately.
6. Storage of contract
The treaty text (consisting of the order data and the terms and conditions) will be saved after the conclusion of the contract from the manufacturer. Moreover, the text of the contract for the customer is no longer available. The contract may be requested by the customer via email and is then sent again like to send an email. The contract, including the terms and conditions and the cancellation policy will also sent to the customer with the confirmation e-mail. About the usual browser and menu function of the treaty text may also at any time, if necessary also in the context of the order process, printed.
7. Delivery / delivery area
The dispatch takes place after receipt of the purchase price to the given customer delivery address.
The delivery address must be within the countries of Germany, Belgium, Italy, Luxembourg, Netherlands, Österreichund, Poland, Czech Republic and Spain must reside. A delivery to other countries is excluded.
Delivery address and billing address may vary. If no delivery address is specified, the products will be delivered to the billing address.
The delivery times, the customer can refer to the respective offers.
Partial deliveries are not permitted; when consumers only if the partial delivery that is reasonable and not fallen away to the whole treaty by the partial delay or partial delivery his interest. The burden of proof lies in case of dispute with the seller. In addition, shipping costs incurred for partial deliveries only if explicitly agreed upon prior to closing.
8. Self supply reservation
The final contract is subject to the seller - if it is not on stock - the correct and timely delivery by the respective suppliers. This title applies only if the provider is not responsible for the possible lack of supply, in particular in time concluded a concrete hedging transaction to fulfill their contractual obligations and the non-delivery was not to be expected.
The seller is proof loaded in this dispute. If the goods are not available, the customer will be informed by the provider of this fact immediately. If the customer has the purchase price and associated costs (eg shipping) already paid, they will be reimbursed by the seller immediately.
9. Retention of title
All deliveries of the supplier carried out among entrepreneurs until receipt of the full invoice amount under extended and extended retention of title. In commercial transactions, the title to the goods passes to this only when all payments from the ongoing business relationship with the contractual partner.
For consumers, the goods are sent under retention of title, that is, the property shall not pass to the full payment of the purchase item.
In contracts with consumers with a statutory warranty period of two years applies.
The statutory regulations.
For commercial buyers (commercial enterprises under § 14 BGB) applies:
The seller is liable in principle to defects in accordance with statutory requirements. The material defect claims expire 12 months after handover. This does not affect the unlimited liability for damage arising from injury to life, limb or health and other damage caused by a negligent or grossly negligent breach of duty of the seller or an intentional or negligent breach of duty by a legal representative or vicarious agents.
The unlimited liability also applies to breach of contractual cardinal obligations. Moreover, liability is limited to the typically arising in these terms and conditions underlying commercial transactions damage. In the case of an obvious defect, the buyer has to notify them within 2 weeks.
He leaves this, his claims for defects shall be excluded with respect to this defect. For reciprocal trade transactions also §§ 377 ff HGB apply.
11. Transfer of Risk
If the customer is a consumer (§ 13 BGB), the risk of accidental loss or accidental deterioration of the goods until the delivery of the thing.
If the customer is an entrepreneur (§ 14 BGB), the risk of accidental loss or accidental deterioration of the goods, if it is a mail order purchase, with the handover of once the thing to the transport contracted delivery person or enterprise.
Performance and jurisdiction for contracts with commercial buyers and legal entities under public law is Dortmund. If the customer is a consumer, this applies also if he has no general jurisdiction in Germany or his domicile or habitual residence at the time of action are not known.
The relations between the contracting parties shall be governed solely by the law of the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the law on the conclusion of international sales contracts over mobile things is excluded. Contract language is German. The CISG (CISG) and any other international conventions do not apply. For contracts with consumers this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply.
Should any provision of these Terms and Conditions should be invalid or unenforceable, this shall not affect the validity of the terms and conditions in other respects. In case of invalidity of a clause, the statutory provisions.