Terms of service

TERMS AND CONDITIONS (GTC)

§ 1 scope and provider

(1) These general terms and conditions apply to all orders you place

at the online shop of

ROXBERRÍ GmbH

Pierstrasse 4

67227 Frankenthal

do.

(2) The range of goods in our online shop is aimed exclusively at

Buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the

Basis of these general terms and conditions. The general

Terms and conditions apply to all companies

future business relationships, even if not expressly again

to be agreed. The inclusion of general terms and conditions

of a customer who complies with our general terms and conditions

contradict is already contradicted.

(4) The contract language is exclusively German.

(5) You can view the currently valid general terms and conditions on the

Website [specify link]

retrieve and print.

§ 2 conclusion of contract

(1) The presentation of goods in the online shop does not make a binding application

the conclusion of a purchase contract. Rather, it is a

non-binding invitation to order goods in the online shop.

(2) By clicking the button ["Order now with payment" / "Buy"]

make a binding purchase offer (§ 145 BGB). Just before

Submitting this order, you can check the order again

and correct if necessary.

(3) After receipt of the purchase offer you will receive an automatically generated email,

with which we confirm that we have received your order

(Confirmation of receipt). This confirmation of receipt does not constitute an acceptance

Of your purchase offer. A contract comes through the confirmation of receipt

not yet established.

(4) A purchase contract for the goods is only concluded when we expressly

declare acceptance of the purchase offer (order confirmation) or if we

the goods - without prior express declaration of acceptance - to you

to ship. Exception: when paying in advance and PayPal, the

Acceptance of the order immediately with your order.

(5) Orders are only possible in normal household quantities.

§ 3 prices

The prices stated on the product pages include the statutory ones

VAT and other price components and understand themselves plus the

respective shipping costs and where applicable plus deposit.

§ 4 terms of payment; Delay

(1) Payment can be made by:

Invoice in advance,

Cash on delivery,

Credit card,

Paypal or

Direct debit.

(2) We are responsible for selecting the payment methods available. We

In particular, we reserve the right to only select you for payment

To offer payment methods, for example to secure our

Credit risks only in advance.

(3) If you choose the payment method prepayment, we will give you ours

Bank details in the order confirmation. The invoice amount is

within 10 days of receiving the order confirmation on our account

to remit.

(4) If you pay cash on delivery, an additional fee of EUR [2] will be charged

due, which the deliverer charges on site. There are no further costs and taxes

on.

(5) When paying by credit card, the purchase price at the time of the order

reserved on your credit card (authorization). The actual burden

Your credit card account takes place at the time when we send the goods to you

to ship.

(6) When paying with PayPal, you will be on the website during the ordering process

forwarded by the online provider PayPal. To over the invoice amount

To be able to pay PayPal, you must be registered there or first

register, legitimize with your access data and the money order

confirm to us. After placing the order in the shop, we request PayPal

to initiate the payment transaction. You will receive further information

during the ordering process. The payment transaction is instantly through PayPal

then carried out automatically.

(7) When paying by direct debit, you may have to bear the costs that result

a chargeback of a payment transaction due to insufficient funds or

arise due to incorrectly transmitted bank details.

(8) If you are in arrears with a payment, you are obliged to pay the

statutory default interest of 5 percentage points above the

Base rate committed. For each reminder letter that occurs after the

If a delay is sent to you, you will be charged a reminder fee of 2.50

EUR, unless a lower or higher one in individual cases

Damage is proven.

§ 5 Offsetting / right of retention

(1) You only have the right to offset if your

Counterclaim has been legally established, not disputed by us

or is recognized or in a close synallagmatic relationship to

is our demand.

(2) Likewise, you can only exercise a right of retention if your

Counterclaim on the same contractual relationship Elder is based.


§ 6 invoice shipping

The invoice can be sent by post or by email at our discretion. The customer agrees that he receives invoices electronically. Electronic invoices will be sent to the customer by email to the email address provided. If expressly requested by the customer, the invoice can also be switched to delivery by post at any time.

§ 7 delivery

(1) Unless otherwise agreed, the goods are delivered by us
Stock to the address you provided.
(2) Deliveries are only possible within Germany and the EU.
(3) If not all ordered products are in stock, we are partial deliveries
entitled to the extent that this is reasonable for you. Any deadlines only start with
the receipt of the last partial delivery.
(4) If the delivery of perishable goods is the subject of this contract,
The following applies: The customer delivers the acceptance of perishable goods
the agreed delivery date with suitable precautions, e.g.
by accepting the goods himself, a person accepts them
the specified delivery address or the seller's name
and the address of a neighbor who is ready and willing to accept it
communicates.
(5) When ordering bulk goods, i.e. Goods that are weighed individually for the customer
(e.g. fruit, vegetables, meat, sausage and cheese), it can be too
Quantity deviations come. The price to be paid is based on the
Base price determined. The basic price is in EUR per unit of measure
specified (e.g. EUR per 100ml, 100g, 1kg, 1l). The through the customer too
The price paid then refers to the quantity actually weighed.
As a result, there may be slight differences between that in the online shop
Submit the order price and the actual
Invoice price come. Every effort will be made to ensure such a deviation
to keep low.
(6) The delivery of ordered goods is subject to the availability of the
Would. If this is not available at the time of ordering, the customer will receive one
Notification of the expected delivery date and the order
is noted by us. As soon as the goods are in stock, they are dispatched
to the customer without further notification to the customer
he follows. In the event of unavailability, especially because one as such
marked limited inventory is exhausted (e.g. vintage wine)
the customer will be informed by us. Payments already made will be made
then immediately refunded.
(7) When delivering spirits and tobacco products or other items that
subject to legal sales restrictions, the
Goods only to recipients who meet the legal requirements, and
only after presentation of the identity card.
(8) As an exception, we are not obliged to deliver the ordered goods,
if we have properly ordered the goods on our part, but not
were delivered correctly or on time (congruent cover business).
The prerequisite is that we do not accept the lack of goods availability
represented and informed you immediately of this fact.
In addition, we must not take the risk of procuring the goods ordered
have taken over. If the goods are not available accordingly
we will immediately reimburse you for payments already made. The risk of one
We have to take care of ordered goods (procurement risk)
Not. This also applies when ordering goods that are only of their type and
Characteristics according to is described (generic goods). We are only for delivery
from our stock of goods and those ordered by us from our suppliers
Committed goods.


§ 8 retention of title

(1) The goods remain ours until full payment of the purchase price
Property.
(2) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We retain ownership of the goods until complete
Settlement of all claims from the current business relationship.
A pledge is made prior to the transfer of ownership of the reserved goods
or assignment as security is not permitted.
- You may resell the goods in the ordinary course of business. For
in this case, you are already entering all claims in the amount of
The amount of the invoice that you will receive from the resale to us
from. We accept the assignment, but you are to collect the
Authorized claims. As far as you do not meet your payment obligations
duly comply, we reserve the right
Collect claims yourself.
- We acquire when the reserved goods are combined and mixed
Co - ownership of the new item in the ratio of the invoice value of the
Reserved goods for the other processed objects at
Processing time.
- We committed to provide the collateral to which we are entitled on request
to be released to the extent that the realizable value of our collateral
claims to be secured by more than 10%. The selection of the
We are responsible for the security to be released.


§ 9 cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), that means buying
Do purposes that are predominantly neither your commercial nor your
you can be attributed to independent professional activity
Right of withdrawal in accordance with the following end provisions.
Right of withdrawal
You have the right to this within fourteen days without giving any reason
Revoke contract.
The cancellation period is fourteen days from the day on which you or one of
The third party named to you, who is not the carrier, is in possession of the goods
have taken.
To exercise your right of withdrawal, you must contact us
Company: ROXBERRÍ GmbH
Address: Pierstrasse 4
Email: info@roxberri.com

by means of a clear explanation (e.g. a letter sent by post,
Fax or email) about your decision to cancel this contract,
to inform. You can use the attached sample cancellation form
use, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to notify us of the
Send exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will have all the payments we made
received from you, including delivery costs (excluding
additional costs that result from you having a different type of
Delivery selected as the cheapest standard delivery we offer
have), immediately and at the latest within fourteen days from the day
on which the notice of your cancellation of this contract
we received. We use the same for this repayment
Means of payment that you used in the original transaction
unless otherwise expressly agreed with you; in none
In this case, you will be charged fees for this repayment.
We can refuse repayment until we get the goods back
have received back or until you have provided evidence that you have the
Have returned goods, whichever is the earlier.
You have the goods immediately and in any case within fourteen at the latest
Days from the date on which you informed us of the cancellation of this contract
teach to send back to us or to or hand over. The deadline is
safeguarded if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if
this loss of value on a to check the quality, properties and
Operation of the goods due to unnecessary handling of them
is.

Model withdrawal form

If you want to cancel the contract, please fill out this form
and send it back.
On
ROXBERRÍ GmbH
Pierstrasse 4
info@roxberri.com

I / we (*) hereby revoke the contract concluded by me / us (*)
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 for notification on paper)
date
(*) Delete where inapplicable.
End of revocation
(1) The right of withdrawal does not exist
- for the delivery of goods that are not prefabricated and for their
Manufacture an individual selection or determination by the
Consumer is authoritative or clearly on personal
Are tailored to the needs of the consumer,
- When delivering goods that can spoil quickly or theirs
Expiration date would be exceeded quickly,
- for the delivery of sealed goods for reasons of health protection
or hygiene are not suitable for return if their
Sealing was removed after delivery,
- for the delivery of goods, if these are due to the delivery
their nature was inseparably mixed with other goods
or
- for the delivery of alcoholic beverages, the price of which upon conclusion of the contract
was agreed, but no earlier than 30 days after
Contract can be delivered and their current value of
Fluctuations in the market depends on which the entrepreneur does not
Influence.
(2) Please avoid damage and contamination. Send the
Please, if possible, goods in original packaging with all accessories and with
all packaging components back to us. If necessary, use one
protective outer packaging. If you no longer have the original packaging
own, please provide suitable packaging for one
adequate protection against damage in transit to cover claims for damages
avoid damage due to defective packaging.
(3) Please call us at [Tel.No.] to return the
Announce return. In this way, you enable us
fastest possible assignment of the products.
(4) Please note that those mentioned in paragraphs 2 and 3 above
Modalities are not a prerequisite for the effective exercise of the
Right of withdrawal.


§ 10 transport damage

(1) If goods are delivered with obvious transport damage, so
Please report such errors to the deliverer immediately and take
please contact us as soon as possible.
(2) Failure to file a complaint or contact you
statutory warranty rights no consequences. But they help us
our own claims against the carrier or the
To be able to claim transport insurance.


§ 11 warranty

(1) Unless expressly agreed otherwise, yours will be addressed
Warranty claims according to the statutory provisions of the
Sales law (§§ 433 ff. BGB).
(2) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the statutory provisions apply
Determinations with the following modifications:
- For the quality of the goods are only our own information and the
Product description of the manufacturer binding, but not public
Promotions and statements and other advertising by the manufacturer.
- You are obliged to deliver the goods immediately and with the offered
To examine carefully for quality and quantity deviations and us
to report obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to
hidden defects later discovered from discovery. If the
The duty to examine and give notice of defects is the assertion of
Warranty claims excluded.
- In the event of defects, we provide warranty at our discretion through rectification
or replacement delivery (supplementary performance). In the case of reworking
we do not bear the increased costs incurred by the shipment of the goods
to a place other than the place of performance, provided that
Shipment not in accordance with the intended use of the goods
corresponds.
- If the subsequent performance fails twice, you can choose as you like
Request a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.


§ 12 liability

(1) Unlimited liability: We have unlimited liability for intent and gross
Negligence and in accordance with the product liability law. For light
We are liable for negligence in the event of damage to life
Body and human health.
(2) In addition, the following limited liability applies: In the event of slight negligence
we are only liable in the event of a breach of an essential contractual obligation,
the fulfillment of the proper execution of the contract at all
only made possible and on the observance of which you can regularly rely
(Cardinal obligation). Liability for slight negligence is based on the amount
limited to the foreseeable damages at the time the contract was concluded, with their
Origin typically has to be expected. This
Limitation of liability also applies to our vicarious agents.


§ 13 Alternative dispute resolution

The EU Commission has a platform for out-of-court dispute resolution
provided. This gives consumers the opportunity to resolve disputes in the
In connection with your online order without first switching on one
Court to clarify. The dispute settlement platform is at the external link
http://ec.europa.eu/consumers/odr/ reachable.
We endeavor to resolve any disagreements arising from our contract
settle by mutual agreement. In addition, we are interested in participating in one
Arbitration procedures are not required and you can participate in one
unfortunately not offer such procedures.


§ 14 final provisions

(1) Should one or more provisions of these terms and conditions be ineffective or
the effectiveness of the other provisions
not touched.
(2) Contracts between us and you are governed exclusively by German law
applicable to the exclusion of the provisions of the United Nations
Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
Mandatory provisions of the country in which you are located
usually staying, remain unaffected by the choice of law.
(3) Are you a merchant, legal entity under public law or public law
Special funds, the place of jurisdiction for all disputes
or in connection with contracts between us and you our
Place of business.
As of: 04, 2020



[based on a sample from: HÄRTING Rechtsanwälte, www.haerting.de ,vertragstexte@haerting.de
Chausseestrasse 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4]