General Terms and Conditions
of the Kürbishof DEIMEL Online Shop
§ 1 General information
(1) The company Kürbishof DEIMEL, owner DI Anton Deimel, St. Wolfgang-Str. 28, D-69231 Rauenberg offers goods for sale via these internet pages.
(2) For the services of Kürbishof DEIMEL the present general terms and conditions apply, as long as they do not contradict the regulations of the BGB or HGB and the customer is a consumer. Deviating general terms and conditions or purchasing conditions of commercial customers are contradicted.
§ 2 Cancellation policy for consumers
Right of withdrawal
You can revoke your contract declaration up to one month without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins only on the day after receipt of the goods and after receipt of a cancellation instruction transmitted separately in text form. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation or the return is to be addressed to the branch office in Germany:
Herrn Anton Deimel
St. Wolfgang-Str. 28
Legal exclusion of the right of withdrawal
Unless otherwise specified, the right of revocation does not apply to distance contracts for the delivery of goods which are not suitable for return due to their nature or which can spoil quickly or whose expiration date has been exceeded.
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may be required to pay compensation. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value.
Items that can be sent as a parcel are to be returned. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Kürbishof DEIMEL bears the risk of the return shipment. Obligations to refund payments must be fulfilled within 30 days after sending your declaration of revocation. Upon receipt of a return shipment, any amounts already paid by the customer will be refunded within 30 days.
§ 3 No right of withdrawal for entrepreneurs
If the customer purchases as an entrepreneur, he is not entitled to the right of withdrawal according to § 2.
§ 4 Prices
For goods and shipping, the prices and currencies displayed on our website at the time of the order are valid. All prices include the respective valid value added tax.
§ 5 Dispatch
The shipping costs can be seen from the respective valid offer in the order form or price lists. For commercial resellers, individual regulations apply, which are submitted in individual cases by written offer.
§ 6 Conclusion of contract
The offers of Kürbishof DEIMEL on the website are subject to change. Therefore, Kürbishof DEIMEL is not obligated to perform in case of unavailability. A conclusion of a contract and thus a contractual commitment regarding the individual services is, however, then concluded, if Kürbishof DEIMEL accepts the purchase offer explicitly or by conclusive action, especially by preparing the shipment of the goods.
§ 7 Terms of payment and reservation of title
(1) Kürbishof DEIMEL will issue an invoice to the customer for the ordered goods, which will be handed over to the customer together with the delivery of the goods according to the terms of delivery and dispatch shown on our internet pages.
(2) In case of default of payment, the customer, who is a consumer, is obligated to pay default interest in the amount of 5% above the base interest rate to Kürbishof DEIMEL, unless Kürbishof DEIMEL can prove a higher damage. For customers who are entrepreneurs, sentence 1 applies with the proviso that the default interest rate is 8% above the base rate.
(3) The delivered goods remain the property of Kürbishof DEIMEL until complete payment has been made.
(4) A reminder is sent in writing with a reminder fee of 2.50 Euro or an equal of amount in foreign currency.
§ 8 Warranty
(1) The customer will notify Kürbishof DEIMEL of any defects in the goods and return the goods to Kürbishof DEIMEL at the customer's expense. Since unfree shipments are connected with high additional costs, the customer is not entitled to choose this shipping method; therefore, Kürbishof DEIMEL will immediately reimburse the customer for the costs of shipping and, upon special request by the customer, will advance them.
(2) The warranty of Kürbishof DEIMEL is based on §§ 433 ff. BGB. In business transactions, the warranty is limited to one year and Kürbishof DEIMEL is entitled to choose between repairing the goods as far as possible or delivering new goods.
§ Article 9 Liability
(1) Claims for damages against Kürbishof DEIMEL due to compensation for financial losses are limited to cases of intentional or grossly negligent action. However, Kürbishof DEIMEL is liable for simple negligence if there is a violation of an obligation, the proper fulfillment of which is essential for the achievement of the purpose of the contract (cardinal obligation). In this case, the liability for financial losses is limited to the direct financial loss regarding its extent and regarding its amount to the foreseeable damage.
(2) As far as the liability of Kürbishof DEIMEL is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
(3) The liability according to the regulations of the product liability law, the liability from a guarantee or because of a defect of title as well as claims for compensation of bodily harm remain unaffected by these regulations.
§ 10 Data protection
Kürbishof DEIMEL will observe all data protection requirements, in particular the requirements of the Teleservice Data Protection Act. The customer's data will only be collected and processed for the purpose of carrying out the procedures of the contractual relationship and will not be passed on to third parties. The customer shall be granted access to his data and the text of the contract at any time upon request. Details of private policies are defined in a separate document.
§ 11 Consent to communication and information by e-mail, letter, telephone, SMS, fax
The customer agrees that the communication media e-mail, letter, telephone, SMS or fax may be used for the execution of the order processing. Kürbishof DEIMEL informs its customers with two to three newsletters per year. The customer can decide at any time whether he wants to continue to receive newsletters.
§ Section 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. Place of performance and jurisdiction for all disputes arising from and in connection with this contract is Heidelberg for contracts with merchants, legal entities under public law or special funds under public law.
(2) Should individual provisions of a contract concluded within the scope of application of these General Terms and Conditions of Business not be legally effective or lose their legal effectiveness due to a later circumstance, or should a loophole be found, the legal effectiveness of the remaining provisions shall not be affected. In place of the invalid contractual provisions or to fill the gap, an appropriate provision shall apply which, as far as possible, comes as close as possible to what the parties to the contract would have wanted, had they considered this point.
Status: April 1, 2018