Terms of service
- Provider & Scope
- Conclusion of Contract
- Limitation of Liability
- Prohibition of Assignment & Pledge
- Retention of Title
- Terms of Payment
- Due Date of Payment
- Default of Payment
- Final Provisions
§ 1 Provider & Scope
(1) The operator of this website is Allgäuer Ölmühle e.K., Albisried 9, 87663 Lengenwang, Germany (hereinafter "we").
(2) In addition to the laws of the Federal Republic of Germany, the following Terms of Service (hereinafter referred to as "ToS") in the respective version at the time of the order shall apply exclusively to the legal relationship between us and a consumer (hereinafter referred to as "you") within the meaning of § 13 of the German Civil Code (hereinafter referred to as "GCC") established via this website.
(3) Two-sided commercial transactions via this website are excluded. We conclude via this website exclusively one-sided commercial transactions with consumers in the sense of § 13 GCC. Merchants have to use the following communication channels to contact us:
(a) Email: firstname.lastname@example.org;
(b) Telephone: +49 831 96098616;
(c) Post: Allgäuer Ölmühle e.K., Heisinger Straße 45, 87437 Kempten, Germany.
§ 2 Conclusion of Contract
(1) The presentation of the goods on this website does not constitute a binding offer on our part for the conclusion of a purchase contract. You are merely invited to make an offer to us by placing an order.
(2) By submitting an order on this website, you are making a binding offer directed towards the conclusion of a purchase contract with us for the goods contained in the shopping cart.
(3) By submitting an order on this website, you acknowledge, in addition to the laws of the Federal Republic of Germany, these ToS alone as authoritative for the legal relationship with us.
(4) A purchase contract between you and us is concluded when you receive a shipping confirmation from us via email after you have placed your order.
§ 3 Warranty
(1) Your warranty rights shall be governed by the general statutory provisions of the Federal Republic of Germany, unless otherwise provided below.
(2) The regulations in § 4 of these ToS apply to your claims for damages against us.
(3) The limitation period for your warranty claims is 2 years.
(4) We do not declare any additional warranty.
§ 4 Limitation of Liability
(1) Your claims for damages are excluded with the exception of the provisions of § 4 (3), (4) of these ToS.
(2) The exclusion of liability in § 4 (1) of these ToS also applies in favor of our legal representatives and vicarious agents if you assert claims against them.
(3) Excluded from the exclusion of liability specified in § 4 (1) of these ToS are claims for damages due to:
(a) A violation of life;
(b) A violation of the body;
(c) A violation of health;
(d) The breach of essential terms of the contract, i.e. those whose fulfillment is necessary to achieve the goal of the contract;
(e) Damage caused by an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.
(4) Provisions of the Product Liability Act of the Federal Republic of Germany shall remain unaffected by provisions in § 4 of these ToS.
§ 5 Arbitration
We are neither willing nor obliged to participate in an out-of-court dispute resolution procedure.
§ 6 Prohibition of Assignment & Pledge
The assignment or pledging of claims or rights to which you are entitled against us is excluded without our consent, unless you prove a legitimate interest in the assignment or pledging.
§ 7 Offsetting
Your right of set-off shall only exist if your claim put forward for set-off has been legally established or is undisputed.
§ 8 Delivery
(1) The delivery of goods takes place within 2-4 business days, provided that the conditions in § 8 (2) of these ToS are met.
(2) The conditions for the regulations in § 8 (1) of these ToS are:
(a) The delivery address is located within the Federal Republic of Germany;
(b) The full purchase price of the goods and shipping costs were paid in advance.
(3) The delivery of goods takes place within 2-8 business days, provided that the conditions in § 8 (4) of these ToS are met.
(4) The conditions for the regulations in § 8 (3) of these ToS are:
(a) The delivery address is located outside the Federal Republic of Germany, but in one of the member states of the European Union;
(b) The full purchase price of the goods and shipping costs were paid in advance.
(5) The delivery times specified in § 8 (1), (3) of these ToS apply from the conclusion of the contract.
(6) Any customs duties are to be paid by you.
(7) Delivery to countries outside the European Union is excluded.
(8) The shipping service provider for the delivery of the goods, with the exception of the provisions in § 8 (9) of these ToS, is DHL Paket GmbH.
(9) We reserve the right to deliver the goods by freight forwarding depending on the size of your order. In this case, you will be charged the full transport costs according to expenditure, but at least € 50.00. The provisions in § 8 (6) of these ToS apply.
§ 9 Revocation
(1) You have the right to revoke a purchase contract with us, which was concluded via this website, within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
(2) To exercise your right of revocation, you must inform us (Allgäuer Ölmühle e.K., Albisried 9, 87663 Lengenwang, Germany; Telephone: +49 831 96098616; Fax: +49 8364 987880; Email: email@example.com) by means of a clear declaration (for example, a letter sent by mail or email) of your decision to revoke a purchase contract with us concluded via this website.
(3) For a revocation you can use the model revocation form attached in § 8 (7) of these ToS, which, however, is not mandatory. You are also welcome to use the contact form on this website to exercise your right of revocation.
(4) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(5) If you revoke a purchase contract with us that was concluded via this website, we shall repay to you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of a purchase contract with us that was concluded via this website. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(6) You must return or hand over the goods to Allgäuer Ölmühle e.K., Heisinger Straße 45, 87437 Kempten, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of a purchase contract concluded with us via this website. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of their condition, properties and functioning.
(7) To Allgäuer Ölmühle e.K., Albisried 9, 87663 Lengenwang, Germany
I hereby revoke the contract I concluded for the purchase of the following goods:
Name and surname of the customer:
Address of the customer:
Customer's signature (only in case of notification on paper):
§ 10 Retention of Title
The delivered goods remain our property until full payment of all claims arising from the contract in question.
§ 11 Prices
(1) The prices advertised on this website are inclusive of value added tax (VAT). This also applies to shipping costs.
(2) The prices on this website are quoted in Euro (EUR) only.
§ 12 Terms of Payment
(1) We accept only the following payment methods, unless otherwise specified below:
(a) Credit card (Visa, Mastercard, Maestro, American Express);
(e) Prepayment (Vorkasse);
(f) Apple Pay;
(g) Google Pay;
(2) We reserve the right to verify, among other things, the validity of credit or debit cards or bank accounts, the available credit in relation to the order value, credit balances to cover the order value, your address information and billing address. Based on the results of such verification, we may reject your order.
(3) We reserve the right to exclude certain payment methods based on the device used to view this website, based on the country from which this website is accessed, and for any other reason.
(4) Payments are accepted in Euro (EUR) only.
§ 13 Due Date of Payment
(1) Payment of the full purchase price including shipping costs is due upon conclusion of the contract for all payment methods specified in § 12 (1) of these ToS, with the exception of the payment method prepayment.
(2) For orders for which the payment method prepayment was chosen, a payment term of 30 days net from receipt of the invoice applies.
§ 14 Default of Payment
(1) The information in § 14 of these ToS refers exclusively to the payment method prepayment.
(2) If the payment is not made on time, you will be in default of payment without having received a reminder from us.
(3) With each reminder, you will be granted a grace period for payment within 10 days of receipt of the reminder. You will receive one reminder after the original payment deadline has expired and one reminder after the first grace period has expired.
(4) If the invoice is still not settled after the second reminder period, we will take legal action.
(5) For each reminder beyond the first one, reminder fees in the amount of € 3.50 will be charged. You are free to prove that we did not incur any damage at all or that the damage was significantly lower.
(6) If you are in default of payment, we reserve the right in accordance with § 288 Section 1 GCC to charge you additional default interest of 5% above the prime rate on the purchase price.
§ 15 Final Provisions
(1) The law of the Federal Republic of Germany shall apply exclusively.
(2) The application of the UN Convention on Contracts for the International Sale of Goods and the rights in case of a conflict of laws are excluded.
(3) Deviating terms and conditions of a contractual partner are rejected.