DraussenImFreien GmbH Terms and Conditions

General conditions of sale, delivery and payment for online trading (as of October 2019)

 

  1. scope

(1) For all contracts concluded with consumers or entrepreneurs with us, DraussenImFrei GmbH, Martinsfeld 12, 50676 Cologne, the following general terms and conditions apply exclusively (hereinafter also : " Terms and Conditions "). We expressly reserve the right to change the terms and conditions. The current version can be viewed under the keyword “AGB” on the website.

(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(3) Deviating conditions of the customer, which we do not expressly recognize in writing, are not binding for us, even if we have not expressly contradicted them or have contradicted them. Insofar as the customer places orders on third-party forms or sends orders to us via the Internet or electronically, this does not affect the validity of these terms and conditions.

 

  1. Conclusion of contract

(1) The representations of our goods in the Birkenspanner online shop are only non-binding product prices and not binding offers Items, accessories). These items are not part of the respective product and are therefore not part of an order.

(2) The customer only makes a binding offer by ordering the goods in the Birkenspanner online shop. When ordering, the customer assures that the information provided by him is correct and complete.

(3) A contract is only concluded when we confirm this order and the customer receives the order confirmation by email. In this case the contract comes with us, ie the

DraussenImFrei GmbH

Martinsfeld 12

50676 Cologne

conditions.

(4) We are not obliged to accept an order.

 

  1. Right of withdrawal

You have a statutory right of withdrawal when purchasing items from the birch spanner online shop. To make it easier for you to do this, a DHL return sticker and a return form are enclosed with a shipment within Germany. You can use the return service from Germany free of charge. For your return from abroad, you bear the costs of returning the goods from abroad.

Right of withdrawal

You have the right to withdraw from the contract within fourteen days without giving reasons. The cancellation period is 14 days and begins on the day on which you or a third party named by you who is not the carrier of the goods has received the goods or, in the case of partial deliveries, the last delivery.

In order to exercise your right of withdrawal, you must inform us (DraussenImFrei GmbH, Martinsfeld 12, 50676 Cologne) about your decision to withdraw from this contract by means of a clear declaration (e.g. by letter or email), to inform. For this you can use the sample cancellation form printed at the end of this cancellation policy. However, this is not mandatory.

If you make use of your right of cancellation, we will send you a confirmation of this receipt immediately after receipt of the cancellation (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your declaration of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You must return or hand over the goods to us (DraussenImFrei GmbH, Martinsfeld 12, 50676 Cologne) immediately and in any event no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods once we have sent the goods to Germany. If we have delivered the goods abroad, you will bear the costs for returning the goods. You only have to pay for any loss in value of the goods,if this loss of value is due to handling you that is not necessary to check the condition, properties and functionality.

Model withdrawal form

If you would like to use the following form, please send it back to us:

DraussenImFrei GmbH

Martinsfeld 12,

50676 Cologne

 

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /

  • Ordered on (*) / received on (*)
  • Name of the consumer (s)
  • Address of the consumer (s)
  • Signature of the consumer (s) (only when notified on paper)
  • date

(*) Delete where inapplicable.

End of revocation

 

  1. Prices - terms of payment

(1) The prices listed at the time of the order apply. These prices are final prices, so they include the statutory German VAT.

(2) We reserve the right not to allow individual payment methods for each individual order. Any costs associated with choosing a payment method (e.g. transaction costs) must be borne by the customer.

(3) If the customer chooses IMMEDIATELY TRANSFER, he undertakes to pay the full invoice amount immediately after receipt of the payment confirmation. If - regardless of the selected payment method - we have not received the invoice amount within four days of confirming the order, the customer will receive a payment reminder by email. If the invoice amount has not been received by us within seven days after confirmation of the order, we reserve the right to cancel the order.

(4) Shipping costs are to be borne by the customer. The shipping costs to be paid by the customer are specified under the heading delivery & payment in the Birkenspanner online shop.

(5) The customer agrees to receive invoices and credit notes exclusively in electronic form.

(6) We will automatically arrange repayments to the account that the customer used for payment. Prepayment, direct debit and transfers are the account used for the transfer or direct debit. When paying by PayPal or credit card, the repayment amount will be credited to the customer's PayPal or credit card account.

(7) The customer is only entitled to offset if his claim against us has been legally established or we have recognized it.

 

  1. delivery

(1) We only deliver the goods when we have received the purchase price and the shipping costs to be paid by the customer in full.

(2) After receipt of payment, we deliver to the delivery address specified by the customer.

(3) The customer will be informed of the expected delivery time when choosing the shipping method in the Birkenspanner online shop. The delivery time can be extended to a reasonable extent if events occur which make the delivery time significantly more difficult and over which we have no influence. We will inform the customer about this immediately.

 

  1. Retention of title

The ordered goods remain our property until they have been paid for in full.

 

  1. Guarantee

The guarantee is based on the statutory provisions.

 

  1. liability

(1) In the event of willful intent and gross negligence, we have unlimited liability.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable, typically occurring damage. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed. Any further liability for damages is excluded - regardless of the legal nature of the asserted claim.

(3) Insofar as our liability for damages to the customer is excluded or limited in accordance with Section 7 (2), this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.

(4) The above limitations and exclusions of liability do not apply if our liability is mandatory due to the provisions of the Product Liability Act, if the liability is based on a defect that we have fraudulently concealed or if claims are made against us for injury to life, limb or health be invoked. If the goods delivered by us lack a guaranteed property, we are only liable for such damage, the absence of which was the subject of the guarantee.

 

  1. Customer service

Customer service can be reached by contacting Slow Nature support.

 

  1. Final provisions

(1) For these terms and conditions and the entire legal relationship between the customer and us, the substantive law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.

(2) Additions and amendments to the agreements made between the parties, including these General Terms and Conditions, must be in writing to be effective. Transmission by fax and e-mail is sufficient to maintain the written form.

(3) We store the buyer's data in the context of mutual business relationships in accordance with the provisions of the General Data Protection Regulation (GDPR).

(4) Should individual provisions of these terms and conditions be ineffective or impracticable or contain a loophole, the validity of the remaining provisions shall remain unaffected. The ineffective or impracticable or incomplete regulation is replaced by a complete and permissible regulation that comes closest to what the parties would have agreed if they had known the ineffectiveness or impracticability or gaps in the regulation.

(5) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or habitual abode outside of Germany after the conclusion of the contract or whose domicile or habitual abode is not known at the time the action is brought.

 

If you have any questions, don’t hesitate to drop us a message here.

See the full collection of Birkenspanner here.

Notice. The Purchase Agreement is concluded directly between the Seller (Birkenspanner) and the Buyer. Slow Nature has designed and manages an electronic commerce platform to allow to gather companies producing eco–sustainable, recyclable and other eco-friendly goods, by connecting Sellers and Buyers for the purposes of online commerce. If you have any issues with your purchase, please do not hesitate to contact Slow Nature support.

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