§ 1 General Scope
The General Terms and Conditions of Sale and Delivery (“AGB“) below apply to all orders and deliveries of nutritional supplements and other products (goods) offered through the online shop of Precur GmbH, Zur Forelle 15, D-88662 Überlingen, Germany. The terms and conditions apply in the version that is current when the order is placed. We refuse to recognize any arrangements alternative to these conditions unless we confirm them in written form.
§ 2 Conclusion and Effectiveness of Contract
(1) You order via post, fax, phone, email or the internet.
(2) For orders placed via post, fax, phone, email or the internet, the sales contract is concluded through our order confirmation or through delivery of the goods.The way the products are displayed in our online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button “Place Order“, you place a legally binding order of the items contained in the shopping cart. Immediately after the order is sent to us, its receipt is confirmed. This confirmation does not constitute a contractual acceptance. We can take the order by sending an order confirmation via email or by delivering the goods within two business days.
(3) Please check the order confirmation of the delivery or the invoice for obvious typing or calculation mistakes and for discrepancies between the order, the confirmation and the delivery. You are obliged to inform us about such inconsistencies immediately.
§ 3 Prices / Obligation to Perform
(1) Precur GmbH reserves the right to change some or all prices on the website at its own discretion anytime without prior announcement.
(2) Our prices are complete prices and contain the statutory value added tax for deliveries within the European Union. For deliveries into third countries, the respective import and custom conditions apply.
(3) Precur GmbH is entitled to revoke the contract if, due to force majeure, it is unable to fulfill its contractual duties. In case of non-availability of service, Precur GmbH is obliged to inform the purchaser immediately about the inability to perform and to reimburse the purchase price, should it have been paid.
§ 4 Terms of Delivery
(1) We deliver the products through a delivery company of our choice to worldwide addresses of your choice. Delivery within Germany is free of shipping costs. For deliveries within the European Union or abroad or if you choose a special shipping method, you may be charged additional shipping costs that can arise. You will be informed about these costs on the product pages, in the ordering system and during the order process before placing the order. For deliveries abroad, you are charged with any additional taxes and customary duties.
(2) The place of performance is our delivery depot. We deliver within two business days.
(3) We are entitled to partial deliveries and we bear the additional shipping costs arising through a partial delivery.
§ 5 Terms of Payment
(1) We accept the following methods of payment: 1.) Advance payment. If you choose to pay in advance, the order confirmation will include our bank details. The billing amount has to be transferred to our account within 5 days. If we do not receive a payment within this period, we will cancel the order. To ensure a timely payment, please allow up to three days for the bank transfer. 2.) PayPal. If you choose to pay via PayPal, you authorize us to collect the payment through the payment service provider PayPal (Europe) S.à.r.l. & Cie, S.C.A. and the amount stated in the order will be drawn from the means of payment specified in your PayPal account.
(2) If you choose to pay via PayPal, you agree that your data is transmitted to and processed by PayPal. In case of a return debit to your PayPal account, the following applies: If you have not arranged the return debit yourself, we maintain the right to charge your PayPal account again later unless the amount owed has been balanced through a different method of payment. 3.) Payment by invoice. In case of default despite a warning notice and a deadline, we reserve the right to charge the costs related to the warning. Furthermore, we are entitled to calculate the default interest of % per cent over the base interest rate of the European Central Bank if a lower damage can not be proven. If we can prove to have suffered a greater loss due to the default, we are entitled to claim this damage.
§ 6 Retention of Title
We retain the title of ownership to the delivered products until the purchase price has been paid in full and until all claims Precur GmbH has against the customer at the moment the respective contract is concluded have been settled.
§ 7 Warranty and Liability
(1) The warranty we provide for the products delivered by us is subject to the German Product Liability Act (Produkthaftungsgesetz) and subject to therestrictions described below according to the German Civil Code (Bürgerliches Gesetzbuch) as well as other legal regulations.
(2) If you provide evidence of defects in the delivered products, we will organize a replacement within an appropriate time period or reimburse the purchase price if you choose so. If it is not possible or if we refuse to deliver defect-free replacements or should the replacement be inappropriately delayed due to reasons for which we are accountable, you are entitled to revoke the contract.
(3) The statutory warranty period, starting from the invoice date, applies but extends no further than until the expiration of the best-before date. We can only accept claims before the expiration of the best-before date. This period constitutes a statutory period of limitation and also extends to claims referring to consequential loss or damage due to defects, as far as there are no claims resulting from tort.
(4) We can only be held liable for damage caused either deliberately or through gross negligence if no primary contractual obligation has been violated. Our liability in the case of a breach of a primary contractual obligation through ordinary negligence is limited to the typically foreseeable damage. Moreover, in the case of any minor negligent breach of duty, claims from the buyer that are beyond the specified warranty rights – especially claims for damages from lost profit or other financial losses on the buyer’s side – are excluded.
§ 8 Right of Withdrawal
(1) You have the right to revoke this contract within 14 days without giving reasons. The revocation period lasts for 14 days, starting from the day that you or a third person appointed by you (who is not the carrier) have or has taken possession of the last partial shipment or the final piece of the delivery. In order to exercise your right of withdrawal, you have to send us (Precur GmbH, Zur Forelle 15, D-88662 Überlingen, Germany, E-Mail: email@example.com) an unequivocal statement (for example a letter sent by mail, a fax or an email) about your decision to revoke the contract. To observe the revocation period it is sufficient to send the communication about exercising the right of withdrawal before the end of the withdrawal period.
(2) If you withdraw from this contract, we have to reimburse all payments received from you, including shipping costs(except for additional costs resulting from you requesting a different form of delivery than the most economical standard delivery offered by us), immediately and no later than 14 days from the day we received your withdrawal statement concerning this contract. For the reimbursement, we use the same payment method that you used for the original transaction unless we explicitly agreed on a different method of reimbursement. You will not be charged any additional fees for this reimbursement. We can refuse to reimburse you until we have received the returned products or until you have provided evidence that the products have been sent back, whichever case occurs first.
You have to return the products immediately and no later than 14 days, starting from the day you inform us about withdrawing from this contract. Returns have to be sent or delivered by hand to us. The time limit will have been observed if you send the products before the 14 day period ends. We bear the direct cost of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. We are required by law to ask you for the reason for the return. You only have to state the reason if you return the products due to side effects.
(3) The right to withdraw the order will expire prematurely for contracts (1) for the delivery of sealed products that are not applicable for a return due to hygiene or health protection if their seal has been removed after delivery.
§ 9 Miscellaneous
(1) German law applies excluding the UN sales law, even if the order from countries other than Germany or supplied to countries other than Germany. If your permanent or habitual residence is in a foreign country, Überlingen is the place of jurisdiction for all claims regarding your order. We are permitted to file a suit at your place of jurisdiction. In case of a legal dispute, our summonable address is the following: Precur GmbH, Zur Forelle 15, D-88662 Überlingen, Germany.
(2) The customer is only entitled to set-off or retain any part of payment if your claims have been stated legally binding, undisputed or recognized in written form by us. Moreover, you are only authorized to retention as far as the claims are based on the same contractual relationship.
(3) Should individual provisions of the contract, including this regulation, be or become invalid or impracticable, or should the agreement contain any gaps, this will not affect the validity of the remaining provisions or parts of such provisions. In place of the ineffective or missing provisions, the respective legal regulations apply.