Terms and Conditions

auwaldbio.de - products & more GmbH
Lauterbachstrasse 22c
82538 Geretsried

Telephone: +49 (0)8171 48280-50
Email: info@auwaldbio.de

1. General

1. These general terms and conditions (GTC) apply to all offers and services relating to the Internet platform - www.auwaldbio.eu - If the customer refers to the inclusion of his own business or purchasing conditions, these are contradicted.
   
   
2. Individual contractual agreements have priority over general terms and conditions.

2. formation of the contract

1. The service descriptions on our website - www.auwaldbio.de - do not constitute an offer to conclude a purchase contract. Such an offer is only made when the customer places an order online via the contact form or based on an order placed by telephone or in text form. The confirmation of receipt of the order that we then sent does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound to his offer (this expires) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the date we received the order).
   
   
2. If a declaration of acceptance that the customer received late was sent in such a way that it would have reached him in good time with regular transport and the customer had to recognize this, he must notify us of the delay immediately after receipt of the declaration, unless this has already happened before. If the customer delays the dispatch of the advertisement, the acceptance is deemed not to be late. Otherwise, the late acceptance by us is considered a new offer to conclude a purchase contract, which the customer can accept by expressing a declaration of acceptance or by accepting the goods.

3. choice of law

1. The law of the Federal Republic of Germany applies to the contractual relationships between the contracting parties. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention (CSIG) is excluded.

4. Prices, payment, delivery, shipping costs

1. The sales tax (VAT) valid at the time of the order is included in the remuneration.
   
   
2. When concluding a contract, we offer the following payment options:
   
   1. For deliveries within the European Union:
      1. Prepayment per
      2. Credit card via Paypal Plus
      3. PayPal
      4. Direct debit procedure with the corresponding authorization of the buyer via Paypal Plus
      5. Payment by purchase on account via Paypal Plus
      6. Amazon Pay
   2. For deliveries outside the European Union:
      1. Prepayment per
      2. Credit card via Paypal Plus
      3. PayPal
      4. Direct debit procedure with the corresponding authorization of the buyer via Paypal Plus
      5. Payment by purchase on account via Paypal Plus
      6. Amazon Pay
         
         
   3. All items are delivered within Europe and after - 3 days.
      
      
   4. The delivery takes place either by UPS, post or via a manufacturer's own forwarding agency.
      
      
   5. The shipping costs can be found in the button - shipping costs - in the navigation as well as in the product presentations.
      
      

5. Distance Selling Legal Information

1. The description of the goods results from the presentation on the Internet at www.auwaldbio.de
2. The instructions on your statutory right of cancellation as a consumer, exceptions to the right of cancellation, its premature expiry, the cancellation form, the consequences of the cancellation, e.g. B. return, return costs and value replacement, can be found under the menu item "Revocation instructions".
   
   
3. The delivery takes place at the latest within 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring bank (in the case of prepayment) or after the conclusion of the contract (in the case of cash on delivery or purchase on account).
   
   
4. We do not provide any after-sales services, especially after-sales service, and we do not provide any guarantees ourselves.
   
   
5. There is no out-of-court complaint or legal remedy procedure to which we are subject.
   
   
6. All further information about our company, the offer and the processing of the purchase result from the representations on our website.

6. Consumer Dispute Resolution Procedure

1. Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since January 9th, 2016. It applies to the out-of-court settlement of disputes about contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. With the possibility of online dispute resolution (OS), a simple, efficient, fast and inexpensive out-of-court solution for disputes should be offered. The OS platform forwards properly filed complaints to the responsible (according to national law) ADR bodies (out-of-court dispute resolution). The use of the OS platform itself is free of charge, in proceedings before the ADR bodies the consumer may incur costs (up to EUR 30.00) if his application is abusive. Link to the OS platform of the EU Commission: https://ec.europa.eu/consumers/odr
   
   Our e-mail address is: info@auwaldbio.de
   
   

7. Electronic Commerce Information

1. Technical steps to conclude the contract
   See the explanations in Section 2 of our General Terms and Conditions.
   
   
2. Contract text storage / printout
   The customer can save the text of the contract by saving the relevant website on his computer using the "Save as" function of his browser. The print function of his browser also gives him the option of printing out the text of the contract. We store the texts of the contract ourselves and make them available to the customer by email or post if requested.
   
   
3. correction option
   The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the appropriate change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview before sending the online order also offers an additional correction option, to which the customer is informed.
   
   
4. Language
   The language available for the conclusion of the contract is exclusively German.
   
   
5. Code of Conduct
   We are not subject to any special code of conduct (set of rules).
   
   

8. Warranty

There is a statutory right to liability for defects for the purchased goods. The warranty period (i.e. the liability period) for defects in the goods is 24 months for new goods and 12 months for used goods.

The warranty period begins when the goods are handed over to the buyer.

The warranty claims for new and used goods expire within two years from the handover of the goods to the buyer. However, the regular limitation period of 3 years remains

beginning at the end of the year in which

1. the claim arose and
2. the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware thereof without gross negligence,
   1. if it is a question of liability for damage resulting from injury to life, limb or health, which is based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty by one of my vicarious agents or
   2. if it is a question of liability for other damages that are based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty by one of my vicarious agents or
   3. when it comes to liability for fraudulently concealed defects, claims from promises of guarantees or liability under mandatory statutory provisions, e.g. B. according to the Product Liability Act, or
   4. if the claims are based on a mutually agreed withdrawal between the parties to the purchase contract, a mutually agreed reduction in price between the parties to the purchase contract or any other agreement between the parties to the purchase contract with regard to the settlement of warranty claims.

The two-year limitation period for recourse claims according to §§ 478 BGB remains unaffected.

The warranty does not cover normal wear or tear.

9. Retention of Title

1. We reserve ownership of the delivered item until all payments from the purchase contract have been received. If the buyer does not meet his contractual obligations, especially in the case of default of payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to hand over the item.
2. The buyer is obliged to notify us immediately in the event of seizure of the object of purchase or other related access or attempts by third parties to access the object of purchase so that we can exercise our rights from the retention of title.

10. Note on the Battery Act (BattG)

1. If the offer includes rechargeable batteries or batteries, you are legally obliged to dispose of used batteries or rechargeable batteries separately. Please hand them in at a municipal collection point or in a local shop. Batteries and rechargeable batteries that you have received from us can be returned to us free of charge. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out garbage can and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find this information in the documents accompanying the consignment.

11. transport damage

1. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
   
   
2. Failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty claims. However, they help us to be able to assert our own claims against the carrier or the transport insurer.

12. Privacy

1. The data protection declaration for the implementation of the data protection regulations can be found in the separately available data protection declaration.

13. Copyright Notice

1. The photos posted on our website and the texts we have created are protected by copyright. Unauthorized copying and publication of this (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.

14 place of jurisdiction

1. Place of performance is Geretsried. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Munich.
   Irrespective of the legal reason, the law of the Federal Republic of Germany shall apply exclusively to all disputes in connection with the use of the website, to the exclusion of all provisions of the conflict of law provisions that refer to another legal system. The application of the UN sales law is excluded. In addition, pursuant to Article 6(2) of the Rome I Regulation, the mandatory provisions of the law that would be applicable without this clause always apply.

15 Severability Clause

1. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become ineffective in whole or in part, or if the agreements contain a gap, this shall not affect the validity of the remaining provisions.