General Terms and Conditions (GTC)
(1) The following General Terms and Conditions, in their version valid at the time of the offer, apply exclusively to the business relationship between Michael & Ralf Keller GbR (hereinafter "Provider") and the customer (hereinafter "Customer"), which is established either through direct order placement (in person, by telephone, email, WhatsApp, or SMS) or via the online platform or online shop. Any differing terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
(2) The supplier's sales staff is not authorized to make any oral agreements with the customer that modify or supplement these General Terms and Conditions of Sale.
(3) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.
(1) Offers and price information contained in brochures, advertisements and other promotional material are subject to change without notice and are non-binding.
(2) Illustrations or drawings contained in brochures, advertisements and other offer documents are only approximate unless the information contained therein has been expressly designated as binding by the supplier.
(3) The customer can select products from the supplier's range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept terms and conditions" button, thereby incorporating them into their offer.
(4) The supplier will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again. This automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. The contract is only concluded upon the supplier's declaration of acceptance, which is sent in a separate email (order confirmation). In this email, or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, the General Terms and Conditions, and the order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(5) The customer is bound to an order placed by him for 14 calendar days after dispatch. The supplier is entitled to accept the offer within this period. The decisive factor for compliance with the deadline is the time at which the supplier's acceptance is received by the customer. Dispatch of the ordered goods also constitutes acceptance.
(1) If no copies of the product selected by the customer are available at the time of the order, the supplier will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier will refrain from issuing an acceptance of the order. In this case, no contract is formed. If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this immediately in the order confirmation.
(2) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland and Liechtenstein.
(3) Delivery dates or delivery periods are exclusively non-binding information unless they have been expressly agreed to be binding.
(4) Four weeks after the expiry of a non-binding delivery date or delivery period, the customer may request the supplier in writing to deliver within a reasonable period. If the supplier culpably fails to meet a delivery date or delivery period expressly agreed upon as binding, or if the supplier is in default for any other reason, the customer must grant the supplier a reasonable grace period to perform. If the supplier allows this grace period to expire without performance, the customer is entitled to withdraw from the purchase agreement. Version 13.09.2021 Page 2 of 5
(5) The supplier is entitled to make partial deliveries and provide partial services at any time, provided that this is reasonable for the customer.
(6) For businesses, the following applies: The supplier is not liable for impossibility of delivery or for delivery delays insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official actions, or the failure, incorrectness, or lateness of deliveries by suppliers, or pandemic situations) for which the supplier is not responsible. If such events significantly impede or render impossible the supplier's delivery or performance, and the impediment is not merely temporary, the supplier is entitled to withdraw from the contract. In the case of temporary impediments, the delivery or performance deadlines are extended or the delivery or performance dates are postponed by the duration of the impediment plus a reasonable start-up period. If, as a result of the delay, the customer cannot reasonably be expected to accept the delivery or service, he may withdraw from the contract by giving immediate written notice to the supplier.
(7) For businesses: If the customer does not request delivery but collects the goods himself from the supplier's premises, the supplier is entitled, in the event of the customer's default in acceptance, to claim compensation for the resulting damages, including additional expenses (e.g., storage costs). For this, the supplier charges a flat-rate compensation of 0.5% of the purchase price per calendar day, starting from the collection deadline or – in the absence of a collection deadline – from the notification that the goods are ready for collection. The supplier's right to prove higher damages and its statutory rights (in particular, reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the flat rate will be credited against any further monetary claims. The customer is entitled to prove that the supplier incurred no damage at all or only significantly less damage than the aforementioned flat rate.
(8) All prices quoted on the provider's website include the applicable statutory value added tax.
(9) Unless expressly agreed otherwise in writing, all prices apply to collection from the supplier's premises, including packaging.
(10) Delivery and shipping costs are only included in the prices if a separate written agreement has been made. Otherwise, the shipping costs will be indicated to the customer in the order form and are to be borne by the customer, unless the customer is a consumer and exercises their right of withdrawal.
(11) The supplier bears the risk of loss or damage during shipping if the customer is a consumer. If the customer is not a consumer, the risk passes to the customer upon handover to the carrier.
(12) Price changes to the prices stated at the time of ordering are permissible if more than four months elapse between the conclusion of the contract and the agreed delivery date and procurement costs or prices change significantly. In this case, the supplier may adjust the purchase price accordingly. If the purchase price increases by more than 5%, the customer may withdraw from the contract by providing written notice within two weeks of receiving notification of the price change from the supplier. For deliveries within four months, the price agreed in the purchase contract applies in any case. If the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of their commercial or independent professional activity when concluding the contract, the above price change rule also applies if less than four months elapse between the conclusion of the contract and the agreed delivery date or delivery.
(1) The customer can make payment by bank transfer or PayPal. Payment by invoice is only possible for trading partners and for framework agreements.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. In this case, if the customer is a consumer, they must pay the supplier default interest at a rate of 5 percentage points above the base interest rate per annum. If the customer is not a consumer, the default interest rate is 9 percentage points above the base interest rate per annum.
(4) The customer’s obligation to pay default interest does not preclude the supplier from claiming further damages for default.
(5) The customer is only entitled to set off claims against the supplier if their claims have been legally established, acknowledged by the supplier, or if the customer's claims are undisputed. The customer is also entitled to set off claims against the supplier if they assert claims for defects or counterclaims arising from the same purchase agreement. The customer may only exercise a right of retention if their counterclaim is based on the same purchase agreement.
(1) The delivered goods remain the property of the supplier until full payment has been received.
(2) The following applies exclusively to customers who are not consumers: As of September 13, 2021, page 3 of 5 a. The delivered goods (goods subject to retention of title) remain the property of the supplier until all claims that the supplier has against the customer now or in the future have been satisfied, including all outstanding balances from current accounts. If the customer breaches the contract – in particular, if the customer defaults on payment – the supplier has the right to withdraw from the contract after setting a reasonable deadline for performance. In this case, the customer bears the transport costs incurred for the return. If the supplier takes back the goods subject to retention of title, this already constitutes a withdrawal from the contract. Seizure of the goods subject to retention of title by the supplier also constitutes a withdrawal from the contract. The supplier may dispose of returned goods subject to retention of title. The proceeds of the disposal will be offset against the amounts owed by the customer to the supplier, after the supplier has deducted a reasonable amount for the costs of disposal. b. The customer must handle the goods subject to retention of title with care and insure them adequately at their own expense against fire, water, and theft damage for their full replacement value. If maintenance and inspection work becomes necessary, the customer must carry it out promptly at their own expense. c. The customer may use the goods subject to retention of title and resell them in the ordinary course of business as long as they are not in default of payment. However, they may not pledge the goods subject to retention of title or transfer ownership as security. The customer hereby assigns to the supplier, as security, all claims against their customers arising from the resale of the goods subject to retention of title, as well as any claims relating to the goods subject to retention of title that arise against their customers or third parties on any other legal grounds (in particular, claims arising from tort and claims for insurance benefits), including all balance claims from current accounts. The supplier accepts this assignment. The customer may collect these assigned claims on their own account and in their own name for the supplier, as long as the supplier does not revoke this authorization. The supplier's right to collect these receivables directly remains unaffected; however, the supplier will not assert the receivables directly or revoke the collection authorization as long as the customer duly fulfills their payment obligations. If, however, the customer breaches the contract – in particular, if they default on payment of any invoice – the supplier may demand that the customer disclose the assigned receivables and the respective debtors, notify the respective debtors of the assignment, and hand over all documents and information required by the supplier to assert the receivables. Any processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the supplier. If the goods subject to retention of title are processed with other items not belonging to the supplier, the supplier acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) relative to the other processed items at the time of processing. Otherwise, the same provisions apply to the new item created through processing as to the goods subject to retention of title. If the goods subject to retention of title are inseparably combined or mixed with other items not belonging to the supplier, the supplier acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) relative to the other combined or mixed items at the time of combination or mixing. If the goods subject to retention of title are combined or mixed in such a way that the customer's item is to be regarded as the principal item, the customer and the supplier hereby agree that the customer transfers proportionate co-ownership of this item to the supplier. The supplier accepts this transfer. The resulting sole or co-ownership of an item will be held in trust by the customer for the supplier. e. In the event of attachment of the goods subject to retention of title by third parties or other interference by third parties, the customer must inform the third party of the supplier's ownership and notify the supplier immediately in writing so that the supplier can enforce its ownership rights. If the third party is unable to reimburse the supplier for the legal or extrajudicial costs incurred in this connection, the customer shall be liable for these costs. f. If the customer so requests, the supplier is obligated to release the collateral to which it is entitled to the extent that its realizable value exceeds the value of its outstanding claims against the customer by more than 10%. The supplier may, however, select the collateral to be released.
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods supplied by the supplier is 12 months.
(2) An additional guarantee for the goods supplied by the supplier exists only if it has been expressly stated in the order confirmation for the respective item.
(3) Claims for damages by the customer due to obvious defects in the delivered goods are excluded if the customer does not notify the supplier of the defect within two weeks of delivery of the goods. Version 13.09.2021 Page 4 of 5
(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the provider’s legal representatives and agents if claims are brought directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the supplier and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.
(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which the provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraphs 2f. Paragraph 4 contains a sample withdrawal form. Instructions on withdrawal (only for consumers) Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us, Michael & Ralf Keller GbR, Dielstraße 16, 78194 Immendingen, Germany, Phone: +49 174 1575922, Fax: +49 7733 5475, Email: info@biohof-elmengrund.de, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than our standard, cost-effective delivery option), without undue delay and at the latest within fourteen days from the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
(2) If delivered goods have been used or opened, or if the services received are not returned in whole or in part, or only in a deteriorated condition, you may have to provide us with appropriate compensation for the value thereof.
(3) Furthermore, you can avoid the obligation to pay compensation for the value of the item by not using it as if you were the owner and by refraining from doing anything that impairs its value.
(4) The provider provides information about the model withdrawal form in accordance with the legal regulations as follows: As of 13.09.2021 Page 5 of 5 Model Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and return it.) To Michael & Ralf Keller GbR, Dielstraße 16, 78194 Immendingen Email: info@biohof-elmengrund.de Tel.: 0174 1575922 Fax: 07733 5475 I/We (*) hereby withdraw from 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 consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if notification is on paper) — Date (*) Delete as appropriate
The provider is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.
(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.