Terms and Conditions
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in our online shop
represented by business executive:
(2) The range of goods in our online shop is aimed exclusively at end consumers who have reached the age of 18.
(3) Deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) Contract languages are exclusively German & English
(5) You can call up and print out the currently valid general terms and conditions on the website www.buttertea.de.
§ 2 conclusion of contract
(1) The presentation of our goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in our online shop.
(2) By clicking the button “Order now with obligation to pay” you are submitting a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it or cancel it if necessary.
(3) After receipt of the purchase request, you will receive an automatically generated email with which buttertea.de confirms that we have received the order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the purchase request. A purchase contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if the acceptance of the purchase has been expressly declared (order confirmation) or if we have sent the goods to you - without a prior express declaration of acceptance. Exception: when paying with prepayment and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. You can find more information about shipping costs, especially for shipping within Germany, to EU countries and non-EU countries under "Order & Shipping" on our website.
§ 4 terms of payment; Default
(1) Payment can be made either by:
Invoice in advance, credit card, PayPal or direct debit.
(2) The selection of the available payment methods is up to us and we reserve the right, in particular, to offer you only selected payment methods for payment, e.g. only advance payment to secure our credit risk.
(3) If you choose to pay in advance, we will send you our bank details with the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(5) If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be charged at the time we send the goods to you.
(6) When paying with PayPal you will be redirected to the PayPal website during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear any costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to your incorrectly transmitted bank details.
(8) In the event of default in payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For every reminder sent to you after the default has occurred, a reminder fee of EUR 2.50 will be charged, unless a lower or higher damage is proven in individual cases.
§ 5 Offsetting / right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) Orders are only possible in the activated countries. They are only supplied in normal household quantities.
(3) The goods remain our property until the purchase price has been paid in full.
(4) As an exception, we are not obliged to deliver the goods ordered if the goods were properly ordered on our part, but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have immediately informed you of this fact. In addition, we must not have taken the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(5) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 7 Right of withdrawal
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making a purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is 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.
In order to exercise your right of withdrawal, you must send a clear declaration to us buttertea GmbH, Reinhold-Nägele-Straße 7, in 70192 Stuttgart, [email protected], +49.711.25975077 (e.g. a letter sent by post, fax or E-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we have received all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met 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 in value is due to an examination of the nature, properties and functionality of the goods that is not necessary for you.
End of revocation
(1) The right of withdrawal does not exist
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs (e.g. cashmere sweaters with your monogram) or
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. (e.g. the buttertea cashmere care shampoo)
(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(3) Before returning the goods, please call us on +49 711.25975077 or send us an email [email protected] to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 damages in transit
(1) If goods are delivered with obvious transport damage, please complain immediately to the deliverer in such cases and please contact us as soon as possible.
(2) Failure to submit a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB)
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items is one year, contrary to the statutory provisions. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damage based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise, statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with the necessary care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from the time of discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we guarantee, at our option, either repair or replacement (supplementary performance). In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We have unlimited liability for willful intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(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 which enables the proper execution of the contract in the first place and which you can regularly rely on to be observed (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The dispute settlement platform can be reached under the external link: http://ec.europa.eu/consumers/odr/ text: Link).
We try to settle any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
§ 12 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law is applicable to contracts between you and us, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a businessman, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.
Status: May, 2020