General Terms and Conditions

of Lebe Gesund-Versand GmbH

Max-Braun-Str. 4, 97828 Marktheidenfeld, Germany
Tel.
+49 (0)9391 / 9820-0, Fax (0)9391 / 9820-879, E-Mail: info@lebegesund.de

Legal representation by company management: Katja Edlund, Andrea Rotter
Commercial registry entry: HRB 6133 District Court Würzburg, Germany

The following general terms and conditions are in the English language.

For ordering via Internet: The purchaser can copy them into the memory of his computer or print them out.

§1 Application

The following general terms and conditions apply to the business relationship between Lebe Gesund-Versand GmbH (hereafter called seller) and the purchaser. Divergent terms of the purchaser are not recognized by the seller, unless the seller has expressly agreed to their validity. The contract is exclusively for the end-consumer.

§ 2 Conclusion of Contract

Your order represents an offer to us to complete a purchase contract.

For ordering in Internet: It is initiated when you place the products in the shopping cart and click on the button “order liable to pay.” With the order you officially state that you want to purchase the goods. You will be promptly informed per E-Mail over the receipt of your order. The confirmation is automatic and is not a declaration of acceptance.

The purchase contract is concluded only when we accept the offer in your order to complete a purchase contract by delivering the goods.

§ 3 Right to Revoke

Consumers have a legal right to revoke the contract. Consumer means any natural person who enters into a transaction for a purpose that can be attributed to neither their commercial nor their independent vocational activity. (§13 BGB) (German Civil Code).

 

REVOCATION POLICY

Right to Revoke

 

You, the buyer, may revoke your contract in writing (e.g. letter, fax, E-mail) within 14 days, without giving reasons or also by returning the goods – if the goods are delivered before the deadline date. The period begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods, not before receipt of the first installment) and also not before the fulfillment of our obligations according to Art. 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as § 312g Para. 1 Sent. 1 BGB in connection with Art. 246 § 3 EGBGB. The revocation period is observed by a timely cancellation notice or dispatch of goods.

 

The revocation is to be addressed to:

Lebe Gesund-Versand GmbH, Legal representation by company management: Katja Edlund, Andrea Rotter
Max-Braun-Str. 4, 97828 Marktheidenfeld-Altfeld, Germany, E-Mail: info@lebegesund.de, Fax-No.: +49 (0)9391 / 9820-879

Consequences of revocation:

In the event of an effective revocation, the services received by either party shall be returned and, if applicable, any benefits (e.g. interest) that may have accrued shall be returned. In case you are unable to return or release to us either in total or partially or in bad condition for services received or benefits (e.g. use benefits) , you are required to offer a compensation of equal value. You must compensate us for the deterioration of the goods and for derived benefits only insofar as the benefits or the deterioration can be traced back to handling the goods beyond an examination of their characteristics and functions. Under “examination of characteristics and functions” is to be understood the testing and trying out of the respective goods as is possible and normal in a shop. Any merchandise eligible for shipping is to be returned at our risk.

The buyer bears the regular costs of return if the delivered goods conform with those ordered and if the price of the goods to be returned does not exceed € 40,-. Even though the price exceeds 40,- Euros, the buyer will have to pay for the return postage, when at the time of the revocation, the buyer did not reciprocate or give a partial payment as contracted.

Otherwise the return shipment is free of charge. Goods that cannot be packaged will be picked up from the buyer. Obligations for the compensation of payments must be fulfilled within 30 days. This time period begins for the buyer with posting his declaration of revocation or, for us, with the receipt of the goods.  

 

- End of the Legal Declaration of Revocation -

 

No right of revocation applies in the case of long-distance sales contracts

1. for the delivery of goods that are produced according to customer specifications or which are evidently tailored to personal requirements or which are unsuitable for a return shipment due to their nature or are easily perishable or would exceed their expiration date.

2. for delivery of audio or video recordings if the delivered data medium has been unsealed by the customer or

3. for the delivery of newspapers, periodicals and magazines, unless the customer has given his contractual statement by telephone.

 

§ 4 Customer’s Right of Return

The customer’s satisfaction is in first place with Lebe Gesund Versand.

If the customer should be dissatisfied with a whole or partial delivery, particularly regarding fresh and baked goods, we request that you contact us via our free telephone number or E-Mail. We strive to find a solution that is satisfactory to the customer. In this case, we normally issue a voucher or refund the cost of the goods if they have already been paid, or we arrange for a free subsequent delivery. In such cases, we reserve the right to have the products returned at our cost and our initiative. The right of revocation according to § 3 is not affected by this and remains in effect.

§ 5 Subject to Non-availability

We reserve the right to refrain from filling your order if the goods are not in stock or the ordered goods are not available. In this case, we will promptly inform you of their unavailability and, applicable immediately, refund any purchase price already paid by you.

At the latest, the ordered products will be sent the next work day after the receipt of the order. In can happen that due to the assortment of foodstuffs offered, some goods ordered are not deliverable on short notice. If they can be delivered one day later, (e.g. with bread or vegetables), the goods will be sent one day later. If an item is no longer deliverable (e.g. seasonally determined) the other goods ordered will be sent.

 

§ 6 Prices

The valid list prices in € (EURO) are those listed on the Internet pages at the time of your order. The prices include the sales tax where respectively applicable.


§ 7 Return Shipping Costs

In the case of a revocation, (§ 3) the buyer bears the regular costs of return if the delivered goods conform with those ordered and if the price of the goods to be returned does not exceed € 40,-. Even though the price exceeds 40,- Euros, the buyer will have to pay for the return postage, when at the time of the revocation, the buyer did not reciprocate or give a partial payment as contracted.

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§ 8 Payment and Delivery (Conditions)

Unless otherwise agreed, goods will be delivered to the delivery address provided by the buyer.

 

Purchase price is due immediately upon receipt of goods. The buyer can pay the purchase price via bank transfer or direct debit. In the case of a return or the non-payment of a debit, i.e., an invoice, in placing his order the customer irrevocably authorizes the bank to convey his name and current address to the seller.

 

With new customers, we reserve the right to request prepayment. The second delivery will take place only after payment of the first delivery.

 

For deliveries abroad, please observe the separate terms of payment and delivery.

 

Delivery time within Germany is 1-2 days after receipt of order,

subject to delays due to delivery difficulties of the commissioned parcel service.

Delivery Dates:

If a customer has a standing order, the order will be sent with the next regular standing order. In addition, the buyer can request another shipping date, which, if possible, will be considered.

Changes, Additions, Limitation of Order:
Inquiries from the buyer regarding changes, additions or limitations connected with already placed orders will be promptly answered by the seller. Up to one workday before the scheduled shipping, the buyer’s requested changes will be fulfilled insofar as possible.


§ 9 Service Telephone Number

The seller requests that customers within Germany use the toll-free Telephone Number 0800 / 122-4000 7 days a week and 24 hours a day.

Outside of Germany customer service is also available under the International Telephone Number: 0049 / 9391-98200  seven days a week and 24 hours a day. Normal telephone charges apply in this case.

§ 10 Compensation, Right of Retention

The buyer has a right to compensation only when his counterclaims are legally established or recognized by the seller. In addition, the buyer has the right of retention only insofar as his counterclaim is based on the same contract. 

 

§ 11 Reservation of Ownership

The delivered goods remain the property of the seller until full payment of purchase price has been made by the buyer.

 

§ 12 Guarantee

If there is a defect in the goods, statutory warrantee provisions of §§ 434 ff. BGB apply.

 

§ 13 Data Protection

We use your personal information exclusively for purposes related to your order, for example, for information about the status of your order and / or delivery and internal customer analysis. Personal information is, of course, kept confidential and not disclosed to third parties. Solely for the purposes of credit assessment, we pass on data to Infoscore GmbH, if appropriate. However, this does not affect the delivery, but solely the method of payment.

We also use your information to communicate with you about orders, products or services and to update our records and to maintain your customer account with us as well as to recommend products or services that could be of interest to you. This consent to processing the data for advertising purposes can be revoked at any time in writing per post, per fax to 0800/122-4009 or per E-Mail to datenschutz(@lebegesund.de. The buyer explicitly agrees to the collection, processing and use of the data received in connection with the business relationship. The buyer has a right to know as well as a right to correct, block and delete his stored data. In addition, the Privacy Notice on this Internet site applies.

§ 14 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany shall exclusively apply excluding the UN Convention on the International Sales of Goods.

If the customer is a merchant or a legal entity of public law, the exclusive venue for any disputes arising from the contractual relationship is the court whose jurisdiction applies to the location of our company headquarters at 97828 Marktheidenfeld-Altfeld.

Stand 31.07.2012

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