General Terms and Conditions
Section 1 Scope
The legal relationships created between Kulmine - Petra Sood e.K. and its customers by means of this online shop shall be subject exclusively to the following General Terms and Conditions, as amended, in effect at the time the order is placed.
Section 2 Contracting Parties
The agreement is always entered into with
Kulmine, Petra Sood e.K.
Stettiner Str. 6
VAT identification number: DE 156951967
Phone: +(0)541 18 59 117
Fax: +(0)3212 58 56 463
Note: As a mail order business, we do not have a retail store. However, appointments can be arranged if so requested.
Section 3 Conclusion of the Agreement
(1) The presentation of the goods in the online shop is not a binding offer of the seller for entering into a purchase agreement. It merely represents an invitation to the customer to submit an offer by way of an order.
(2) By sending the order via the online shop, the customer gives a binding offer for entering into a purchase agreement regarding the goods contained in the shopping cart. By sending the order, the customer shall also acknowledge that the legal relationship with the seller is subject only to these General Terms and Conditions.
(3) The seller confirms receipt of the customer's order by sending a confirmation e-mail. This confirmation of order shall not yet constitute the seller's acceptance of the offer of contract. It merely serves as information for the customer that the order has been received by the seller.
(4) Acceptance of the offer of contract shall be declared by shipping of the goods or an express declaration of acceptance.
(5) The processing of the order and transmission of all information necessary in the context of entering into an agreement will be realised by e-mail and is partially automated. Therefore, the customer shall ensure that the e-mail address that the customer provides to the seller is correct, and shall further ensure the technical means for receiving e-mails as well as shall ensure that e-mails are not blocked by antispam filters.
Section 4 Cancellation Policy
Right to Cancel
You may cancel this agreement within 14 days without having to state reasons.
The cancellation period shall be 14 days from the day on which you or third parties named by you who are not carriers take possession of the goods.
To exercise your right to cancel, you shall inform us (Kulmine, Petra Sood e.K., Stettiner Str. 6, 49088 Osnabrück, Phone: +(0)541 18 59 117, Fax: +(0)3212 58 56 463, E-mail: firstname.lastname@example.org) about your decision to cancel this agreement by means of a clear statement (e.g., posted letter, fax or e-mail). You may use the attached cancellation form, but this is not mandatory. You shall send your notice about exercising your right to cancel the agreement prior to expiry of the cancellation period in order to be deemed in compliance with the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we shall return to you all payments that we have received from you, including shipping costs (except for additional costs that result from your choice of a shipping method other than the less expensive, standard shipping offered by us), immediately and no later than within 14 days from the day on which we receive your notice about the cancellation of this agreement. For this return of payment, we shall use the same method of payment that you used for the original transaction, unless we have agreed with you expressly on a different method; under no circumstances will you be charged any fees for this repayment. We may withhold such repayment until the goods have been returned to us or you have furnished proof that you have returned the goods to us, whichever comes earlier.
You shall return or hand back to us the goods immediately and, at any rate, no later than within 14 days from the day on which you notify us of your cancellation of the agreement. The deadline shall be deemed met if you ship the goods back to us prior to expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You will be responsible for any diminished value of the goods only if such loss in value is due to your handling the goods in a manner that is not necessary to test the goods for quality, characteristics and functioning.
Exclusion of the Right to Cancel
The right to cancel shall not apply to agreements for the delivery of goods that are not prefabricated and whose manufacture depends on an individual choice or specification of the consumer or that are uniquely customised for the personal requirements of the consumer.
Cancellation Form (Template)
(If you want to cancel this agreement, please fill in this form and return it to us.)
Kulmine, Petra Sood e.K.
Stettiner Str. 6
Fax: +(0)3212 58 56 463
- I/We (*) hereby give notice of cancellation regarding the agreement that I/we (*) entered into for the purchase of the following goods (*) / the provision of the following services (*)
- Ordered on (*) / Received on (*)
- Name of the customer
- Address of the customer
- Signature(s) of the consumer(s) (only when communicated on paper)
___________ (*) Delete as appropriate.
Section 5 Retention of Title
The goods delivered shall remain the property of Kulmine Petra Sood e.K. until full payment has been received.
Section 6 Product Prices
(1) The prices in effect at the time of the order shall apply. The validity of our limited offers is indicated in the shop where they are displayed. All prices include statutory value added tax (VAT).
(2) We will not invoice the statutory German or Swiss value added tax for our customers whose billing and shipping addresses are in Switzerland. Any value added tax under Swiss law will be levied by the Swiss federal tax authorities at the border and shall be paid by the customer at the time that the goods are delivered or collected.
(3) The postage and packaging costs for each order are as follows: see Sections 7 and 8.
Section 7 Shipping to Germany
(1) Postage and packaging costs within Germany EUR 3.99.
We will pay the postage and packaging costs for orders of EUR 50.00 and up.
(2) The postal fees related to cash on delivery, currently EUR 2.40, shall be paid by the customer to the postal service directly. Kulmine will pay an additional EUR 2.00 to the postal service for cash on delivery. This amount will be added to your invoice.
Section 8 Shipping Abroad
(1) Postage and packaging costs for shipments to following destinations in Europe: EUR 3.99
(1) excluding Faroe Islands and Greenland, (2) excluding Åland Islands, (3) excluding Mount Athos, (5) excluding Livigno and Campione d'Italia, (6) excluding areas outside of Europe, (7) excluding Canary islands, Ceuta and Melilla
(3) As for shipments to all areas or regions not listed here, including those outside of Europe, please contact us directly.
(4) For shipments destined for areas outside of Germany, we currently accept the following methods of payment: Prepayment (bank/wire transfer) and PayPal.
Section 8 Material Defects/Warranty
The statutory warranty provisions shall apply. The warranty period shall be two (2) years and shall commence upon creation of an agreement. Initially, your warranty claims shall be limited to subsequent performance. In the event that subsequent performance fails, you may choose to cancel the agreement or demand a reduction of the purchase price.
Section 9 Delivery
(1) The delivery period for shipments within Germany shall be 1-5 days; within Europe, 2-7 days. The delivery time for shipments to non-European countries shall be 7 to 14 days.
Information on calculating the delivery date: In the event of prepayment, the period for the shipment shall commence on the day that follows the payment order to the transferring financial institution and/or in the case of other methods of payment, on the day following the conclusion of the agreement, and shall end upon expiry of the final day of the period. Where the last day of the period is a Sunday or a public bank holiday recognised at the place of delivery, such day shall be replaced by the next business day.
(2) We deliver free of duty within the EU. As for delivery to countries outside the EU, particularly Switzerland, the customer shall be responsible for the payment of any customs duties, taxes and other charges.
Section 10 Terms of Payment within Germany
(For outside of Germany, see: "Section 8 Shipping Abroad")
Payment can be made by:
a) One-time direct debit
We grant a discount of 2%. You grant us a one-time authorisation to debit the invoiced amount from your bank account (only in Germany). You must tell us your bank, IBAN and BIC for this purpose. We will ship the goods no later than 1-2 days after receipt of your invoiced amount in our bank account.
b) Prepayment by bank transfer
We grant a discount of 2%. You transfer the total amount shown in the order confirmation (value of the goods plus any shipping costs) to the account indicated below. We will ship the goods to you no later than 1-2 days following receipt of the amount in our account.
d) Cash on delivery (only in Germany)
The postal fees for cash on delivery of currently EUR 2.40 shall be paid by the customer to the postal service directly. Kulmine will pay an additional EUR 2.00 to the postal service for cash on delivery. This amount will be added to your invoice.
The total amount shown in the invoice shall be due immediately upon receipt of the goods.
Section 11 Seller's Information
Kulmine, Petra Sood
Stettiner Str. 6
49088 Osnabrück, Germany
Phone +(0)541 18 59 117
Fax: +(0)3212 58 56 463
Petra Sood, e.Kauffrau ('Registered Merchant')
VAT ID no. DE156951967
Section 12 Contents of Third Party Websites/Copyright
All data and information contained in these web pages have been researched and checked carefully by Kulmine. Health tips are a Kulmine service and cannot replace a personal meeting with health professionals. Liability or warranty for their accuracy, completeness and timeliness shall be excluded. As for third party websites to which Kulmine refers by means of hyperlinks, the respective owners/providers of such sites shall be responsible. Kulmine shall not be responsible for such third party websites. Furthermore, this Kulmine website may be linked to from another page or site by means of hyperlinks without the knowledge of Kulmine. Kulmine shall not accept any responsibility for the representation, content or any link to Kulmine on such third party websites. Moreover, Kulmine reserves the right to change or add to the information provided. The layout of the homepage, the graphics used and the collection of articles are protected under copyright law (graphics and images obtained without a licence from online databases are identified in the picture credits). The pages may be duplicated for personal use only. No changes may be made, and copies thereof shall not be distributed or used for public reproductions.
Section 13 Data Protection/Privacy
(1) We use your personal data for processing your order. Your e-mail address will also be used for the marketing and advertising of Kulmine products. Please let us know if you do not wish to receive newsletters from Kulmine. All customer data will be stored and processed by us in accordance with the relevant provisions of the German Federal Data Protection Act (BDSG) and Teleservices Data Protection Act (TDDSG).
(2) During a visit to the seller's website, information on the access (date, time, page viewed) may be stored on the server. This data is not part of personal data and is anonymised. It is used solely for statistical purposes. This data will not be disclosed to any third party for commercial or non-commercial purposes.
(3) You are always entitled to free information, correction, blocking and deletion regarding your data stored. Please contact us via email@example.com or send your request by mail or fax. We will not disclose to any third party your personal data, such as your home address and e-mail address, without your express consent, which you may revoke at any time. Excluded from this are our service partners that require transmission of data for the purpose of processing orders (e.g., the shipping company hired to deliver the goods or the financial institute entrusted with the processing of payments). In such cases, however, the scope of data transmissions shall be limited to the necessary minimum. We employ technical and organisational security measures to protect your data managed by us from any accidental or deliberate manipulations, loss, destruction or access by any unauthorised third party. Payment data is transmitted in encrypted form.
(4) This shop stores information about the content of your shopping cart by means of cookies, which can be called up again at the next visit. We require your customer data when you register with us or place an order. If you are already a customer, you can log in easily by entering your e-mail address and your personal password. The data stored in cookies will save you the trouble of having to fill in the forms. You can manage the acceptance of cookies from this page using your browser software or, if necessary, block them.
(7) Privacy Statement for the Use of Google +1. You can publish information globally using the Google +1 button. You and other users receive personalized content from Google and our partners via the Google +1 button. Google stores the information that you have selected +1 for content, as well as information about the page that you viewed when you clicked +1. Your +1 selections may be shown together with your profile name and your photo in Google services, such as in search results or your Google profile, or elsewhere on websites and in online ads. Google records information about your +1 activities in order to improve Google services for you and other users. To use the Google +1 button, you must have a globally visible, public Google profile that must indicate at least the name chosen for the profile. This name is used in all Google services. In some cases, this name can also replace another name that you may have used when sharing content via your Google account. The identity of your Google profile may be displayed to users who know your e-mail address or have other identifying information about you. Use of the information collected: Apart from the uses explained above, the information provided by you will be used in accordance with the applicable Google privacy provisions. Google may publish aggregated statistics about the +1 activities of users and/or share them with users and partners, such as publishers, advertisers or affiliated websites.
(8) Privacy Statement for the Use of Twitter. Our pages integrate functions for the use of the Twitter service. These functions are provided by Twitter Inc., 1355 Market St. Suite 900, San Francisco, CA 94103, USA. By using Twitter and the 'Retweet' function, the websites visited by you are linked to your Twitter account and shared with other users. In the process, data is also transmitted to Twitter. We point out that as provider of the pages, we do not have any knowledge of the content of the data transmitted or its use by Twitter. For more information, please see the privacy statement of Twitter at http://twitter.com/privacy. You can change your privacy settings on Twitter in the account settings under http://twitter.com/account/settings.
References: eRecht 24 Facebook Privacy Statement, Google +1 Privacy Statement, Twitter Privacy Statement