General terms and conditions of business
Terms of contract in the context of purchase contracts with Wisefood GmbH
between
wisefood GmbH
diesel street 28
85748 Garching
– hereinafter referred to as “provider” –
and
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter “customer/customers” – are closed.
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Wisefood GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
In principle, you have the option of picking up the goods from Wisefood GmbH, Dieselstraße 28, Garching bei München, Germany during the following business hours: weekdays 9 a.m. to 4 p.m
Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance.
If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
In the ordering process you enter your credit card details. Your card will be charged immediately after placing your order.
SEPA Direct Debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information for the respective payment option and in the ordering process.
PayPal, PayPal Express
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Credit card through PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is sent directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). The account is debited before the goods are shipped.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
paydirect
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Klarna credit card
In the ordering process you enter your credit card details. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95.
The invoice
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
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6. Right of Withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Damage in transit
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
9. Warranty and Guarantees
9.1 Right to Liability for Defects
Unless expressly agreed otherwise, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
regulations for merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to Consumers
We would like to inform you that when selling used goods to consumers, we may shorten the limitation period for warranty rights to one year from delivery of the goods, provided that we inform you of this and this is expressly and separately agreed.
9.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +49 (0) 89 24418362 or by email at support@wisefood.de
10. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of a promise of guarantee, if agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
- Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) that you here find. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
Responsible is the federal universal arbitration board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de .
13. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Conditions created with the Trusted Shops legal copywriter
14. Shipping/Delivery Terms
In the event that it is necessary to send the goods again due to incorrect information provided by the customer, we reserve the right to subsequently claim a flat-rate shipping fee of €4.99 / CHF 10.00.
If an order with a goods value of more than €50 is returned to us in its entirety, we also reserve the right to subsequently charge a flat-rate shipping fee of €4.99.
