General Conditions of Sale for Consumers (as of December 2016; Version 1)
Table of Contents:
Section 1 Scope and contracting party
Section 2 Conclusion of contract
Section 3 Prices, shipping costs and deposit
Section 4 Payment and retention of title
Section 5 Delivery
Section 6 Right of revocation
Section 7 Warranty
Section 8 Liability
Section 9 Usage rights to images
Section 10 Bonus point program
Section 11 Dispute resolution proceedings
Section 12 Data protection
Section 13 Applicable law
Scope and contracting party
(1) The following General Terms and Conditions (GTC) apply to all contracts on the purchase and delivery of goods concluded on the website www.magu.me/shop/ between you as the customer and us as the operator of the Magu online shop. We object at this point to the inclusion of any terms and conditions of a customer that contradict our terms and conditions.
(2) The operator of the online shop and your contractual partner is:
Liquid Fruit GmbH
Phone: + 49 461 80 72 91 30
Fax: + 49 461 80 72 91 39
Legally represented by the Managing Director Gunnar Möllgaard Friedrichsen
Register court of the GmbH: County Court Flensburg
Register number of the GmbH: HRB 10213
VAT ID DE 29 144 28 77
(3) The GTC regulate the details of the contractual relationship and contain important consumer information in the legally relevant version. You can access, save and print out the currently valid GTC on the website www.magu.me/agb/verbraucher.
(4) Our range of goods on offer is intended exclusively for consumers whose normal place of residence is in a Member State of the European Union (EU) or of the European Economic Area (EEA) and who can provide a delivery address in these countries. Any natural person who concludes a legal transaction for purposes that can neither predominantly be attributed to their commercial nor their self-employed professional activity is a “Consumer” within the meaning of the legal definition (Section 13 German Civil Code (BGB)).
(5) The range of goods on offer in our online shop is exclusively aimed at customers who have reached the age of 18 years.
Conclusion of contract
(1) The presentation of goods in the online shop is not a binding proposal for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods from the online shop.
(2) By clicking the button “Order goods with the obligation to pay now” you are making a binding purchase offer (Section 145 BGB).
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt is not yet an acceptance of your purchase offer. The confirmation of receipt does not conclude a contract yet.
(4) A purchase contract on the goods is only concluded when we expressly declare acceptance of the purchase offer.
(5) The contract is only concluded on the products expressly listed in our declaration of acceptance if your order covers several products.
(6) Each order process is limited to a maximum order value of EUR 1,000.00 for security reasons.
(7) The language of the contract is exclusively German. The text of the contract is stored securely on our internal systems with due consideration of data protection issues.
Prices, shipping costs and deposit
The prices quoted in our online shop include the statutory sales tax, other price components and the respective shipping costs. They are expressed in EURO and exclude the deposit.
Payment and retention of title
(1) The payment of the purchase price can be selected – according to the detailed information provided in our on-line shop (order page) – from the following payment methods: instant credit transfer, PayPal, credit card or by invoice.
(2) You are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate if you default on a payment. Unless you can prove a lower damage, you will be charged at least a collection letter fee of EUR 5.00 for every collection letter sent to you after a default has occurred. Provided the statutory conditions are met, we are further entitled to charge you a lump-sum compensation in the amount of EUR 25.00 for chargeback costs, if the amount to be paid by you cannot be irrevocably credited to us, in particular due to insufficient credit or insufficient credit in the account. The aforementioned lump-sum compensation only applies if we do not prove higher damages or if you do not prove lower damages in a given case.
(3) The goods remain our property until the purchase price is paid in full.
(1) Goods are shipped via our office in Flensburg. We deliver exclusively to delivery addresses within the EU or the EEA. We deliver to the shipping address specified by you in the order. You bear all costs arising from incorrect, incomplete or unclear address information.
(2) Delivery times specified by us are calculated from the time of declaring our acceptance; however, in case of a direct debit / debit note, the delivery time is calculated at the earliest from the time the invoice amount is credited to our account. The delivery time is 5–7 working days if our online shop does not specify any or not a different delivery time for the respective goods.
(3) Within the limits of what is reasonable to you, we shall be entitled to partial deliveries at our expense in accordance with the agreed delivery times or the delivery times stated in our declaration of acceptance, if the goods covered by an order cannot be delivered in a single shipment.
(4) We shall inform you immediately and state a new delivery deadline, if we can not meet a binding delivery deadline for reasons we are not responsible for (non-availability of goods, e.g. due to lack of self-supply by upstream suppliers or force majeure). Both contractual parties are entitled to withdraw from the contract with regard to the goods in question; if the new delivery deadline is not acceptable to you or if the goods are not available within the new delivery deadline too. In this case we shall immediately reimburse any consideration already provided.
(5) The freight forwarder appointed by us shall be entitled to hand over the goods to a neighbor – which you have designated in a written statement – in accordance with its conditions of transport and subject to other agreements, if no one is available at the delivery address specified by you during the usual delivery times (8:00 am to 5:00 pm). We shall be entitled to withdraw from the contract if the delivery of goods fails despite three attempts to deliver; our legal rights remain unaffected. Any payments already made shall be reimbursed immediately.
Right of revocation
(1) You have a right of revocation in accordance with the following provisions, if you are a consumer within the meaning of Section 13 BGB, i.e. you have made the purchase for purposes that can neither predominantly be attributed to your commercial nor your self-employed professional activity.
(2) You have to bear the direct costs of a return shipment if you make use of your right of revocation under Paragraph 1.
(3) Otherwise the right of withdrawal shall be subject to the provisions provided in the following
Right of revocation
You have the right to withdraw from this contract within fourteen days without giving any reason.
The period for revocation is defined as fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of revocation, you must inform
Liquid Fruit GmbH
Fax: + 49 461 80 72 91 39
by way of an unambiguous statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model revocation form, although it is not required.
To preserve the right of revocation, it is sufficient for you to send the notification on the exercise of the right of revocation before the expiry of the period for revocation.
Consequences of a revocation
If you withdraw from this contract, we shall repay all payments received from you, including delivery charges (except for any additional costs arising from you choosing a different delivery method than the most favorable standard delivery method offered by us), immediately and no later than within fourteen days after the date on which we have received your notification on the revocation of this contract. For this repayment, we shall use the same means of payment as you have used in the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged any fees for this repayment.
We may refuse repayment until we have received the goods or until you have provided proof that you have returned the goods, whichever is sooner.
You must return or hand over the goods to us or to [you may have to insert the name and address of the person authorized by you to receive the goods] immediately and no later than within fourteen days from the date on which you have informed us on the revocation of this contract. The deadline is met if you ship the goods prior to the fourteen days having expired.
You bear the immediate costs of returning the goods.
You have to pay for any loss in the value of the goods only, if a loss of value was caused by you handling the goods in a way that was not necessary when examining the nature, characteristics and functioning of the goods.
Model Revocation Form
If you wish to revoke the contract, please fill out this form and send it back.
Liquid Fruit GmbH
Fax: + 49 461 80 72 91 39
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the notification is done in paper form)
(*) Delete where inapplicable
End of revocation instructions
(4) The right of revocation does not apply to the delivery of goods that were not prefabricated and whose manufacture was determined by the individual selection or by the specifications of the consumer or which have been clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) as well as to the delivery of sealed goods that cannot be returned for reasons of health or hygiene, if their seal was removed after delivery.
(1) We shall comply with the statutory warranty regulations in the event of defects in the goods.
(2) The product descriptions in our online shop shall serve as agreement on the condition of the goods.
(3) We accept no liability for quality specifications made by third-parties, especially by customers in the context of customer ratings published in our online shop.
(1) Unlimited liability: We shall be unlimitedly liable for intent and gross negligence as well as provided in the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from the loss of life, personal injuries and damages to the health of persons.
(2) Otherwise, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a requirement for the proper execution of the contract and on whose compliance you could generally rely on (material obligation). The liability for slight negligence is limited to the amount of foreseeable damage typically to be expected at the time of the conclusion of the contract. This limitation of liability also applies in favor of our vicarious agents.
Usage rights to images
All usage rights to images belong to Liquid Fruit GmbH. Use without express written consent is not permitted.
Bonus point program
(1) The following applies if you participate in the bonus point program: You receive bonus points for any purchase in our online shop, which are credited to your bonus point account whenever you make a purchase. One point has a value of one euro cent. You can view your account balance at any time in your online customer account.
(2) We reserve the right to cancel any bonus point credits in question if we have made an accounting mistake or if you have misused the bonus point system.
(3) You may redeem any accumulated bonus points with any purchase unless indicated otherwise in the online shop. However, the use of bonus points for a single purchase is limited to ... bonus points. Bonus points are not paid out. It is not possible to transfer the bonus points to another customer account.
(4) Bonus points not redeemed will be deleted if a customer account is deleted.
Dispute resolution proceedings
Online dispute resolution information pursuant to Art. 14 Online Dispute Resolution Regulation (ODR Regulation): The European Commission has provided an online dispute resolution (ODR) platform under the link: http://ec.europa.eu/consumers/odr/. We are legally obliged to provide this information. However, we do not participate in this type of dispute resolution.
(1) Customer is aware of and agrees to the storage of personal data required for the processing of an order. Customer expressly agrees to the collection, processing and use of its personal data. Naturally, stored personal data will be treated confidentially. The collection, processing and use of personal customer data follows the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) Customer is entitled to revoke its consent at any time, which revocation shall be effective in the future. In this case, Liquid Fruit GmbH is obliged to immediately delete the personal data of the customer.
German law shall exclusively apply to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). This choice of law shall apply only to the extent that it does not remove any mandatory safeguard for customers in the country in which the consumer has its normal place of residence at the time of purchase.