General Terms and Conditions
terms and conditions under sales contracts that https://mind-favour.com through the platform
MIND FAVOUR GMBH
Managing Director: Gunnar Fey
– hereinafter “provider” –
the users of this platform referred to in Section 2 of these GtC, hereinafter referred to as “Customer/Customer”.
Section 1 Scope
For the business relationship between the supplier and the customer, the following general terms and conditions in their version valid at the time of the order apply exclusively. Deviating terms and conditions of the customer are not accepted, unless the provider expressly agrees to their validity in writing.
Section 2 Conclusion of the contract
(1) The customer can select products from the supplier’s assortment and collect them via the “to the shopping cart” button in a so-called shopping cart. Using the “Buy now” button, he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic acknowledgement of receipt with the subject “Confirmation of your order with MIND FAVOUR dietary supplements” by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The order of the customer (1) represents the offer to conclude the contract with the respective contents of the shopping cart. The acknowledgement of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
Section 3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (Section 2 (2) of these GtC), provided that the purchase price is paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to detach himself from the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The customer can make the payment by invoice / advance payment, credit card (stripe), SOFORTÜBERWEISUNG.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
Section 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
Section 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, insofar as the customer does not make use of a possible right of withdrawal.
(3) In the event of revocation, the customer must bear the direct costs of the return.
Section 6 Warranty of material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. Bgb. The warranty period for goods delivered by the supplier is 12 months for entrepreneurs.
Section 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if it was caused simply by negligence, unless it is a claim for damages by the customer arising from injury to life, body or health.
(3) The limitations of the paragraph 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Section 8 Final Provisions
(1) Contracts between the supplier and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. The statutory provisions shall replace the ineffective points where available. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract will become ineffective as a whole.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Verbraucher haben die Möglichkeit, sich für die Beilegung ihrer Streitigkeiten an [Name, Anschrift, Webseite der Schlichtungsstelle] zu wenden. Wir sind verpflichtet, an Verfahren zur Streitbeilegung vor dieser Stelle teilzunehmen. Wir werden an einem solchen Verfahren teilnehmen.