Terms of service
FOR END CUSTOMERS
Contractual conditions within the framework of purchase contracts concluded via the platform https://shop.sunflowerfamily.de
Am Mühlbach 38
D-87487 Wiggensbach /Allgäu
Phone: +49 8370 922 8010
Management: Nicole Breisinger and Oliver Schenkmann
Commercial register: HRB 12992
Place of jurisdiction: Kempten / Allgäu
Sales tax ID number: DE 301481333
- in the following "provider" -
the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Customer/Customers" - are concluded.
§ 1 Scope
For the business relationship between the Provider and the Customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer and collect these over the Button "into the Warenkorb" in a so-called Warenkorb. By clicking the button "buy now" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with Sunflower Family" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price provided.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will 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 supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria.
(4) The customer can make payment by invoice, direct debit, credit card and PayPal. The payment is processed via PayPal Plus.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
Up to the complete payment of the purchase price the supplied goods remain in the property of the offerer.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, understand themselves including the valid in each case legal value added tax.
(2) The appropriate forwarding expenses are indicated to the customer in the order form and are to be carried by the customer, as far as the customer does not make use of a possible right of revocation.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and agents of the provider, if claims are asserted directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 8 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If 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 in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the statutory provisions, if any, shall apply. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.