as of Nov 2020
1. Scope of application
These General Terms and Conditions (GTC) apply to all deliveries by GELITA Health GmbH to consumers. A consumer is any natural person who concludes a legal transaction for a purpose which can be attributed predominantly neither to its commercial nor its independent vocational activity.
2. Contracting party
The purchase contract is concluded with
GELITA Health GmbH,
Managing Director: Beate Klöppel, Hans-Ulrich Frech,
Uferstraße 7
69412 Eberbach
Germany
Phone number: 06271-84-1605
Commercial register: Amtsgericht Mannheim, HRB 333880
VAT ID number.: DE 811 175 947
3. Conclusion of contract
3.1. The presentation of the products in the online store is not a legally binding offer, but only an invitation to order.
3.2. For an order via our online store, select your desired product(s) and put it/them into the shopping cart. Call up the shopping cart to view the selection. If you want to use a voucher, you can redeem it in the next step by entering the voucher code. You can then either register by logging in with your e-mail address and password or create a new customer account. Guest orders are also possible. In the next step you have to enter the billing and delivery information. You can then select your preferred payment method. Before completing the order, you will receive an overview of your entries. You have the possibility to change all details (e.g. name, address, method of payment, ordered goods) and to check and if necessary to correct them. By clicking the button “Buy now” you place a binding order for the goods listed in the shopping cart. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
3.3. In order to be able to manage your orders more easily and to place repeat orders, you are free to set up a customer password and store your data with it. You may not pass on the chosen password to third parties. In case of a transfer you are also responsible for orders of the third party. You are responsible for any orders placed with your password and the resulting claims hereof. Please note that we sell all products only in quantities customary in households. A sale is only made to persons who have reached the age of 18 years and not to commercial resellers for the purpose of resale.
4. Right of withdrawal
4.1. If you are a consumer, you have a right of revocation in accordance with the statutory provisions.
4.2. If you as a consumer make use of your right of withdrawal according to section 4.1, you have to bear the regular costs of the return.
4.3. Furthermore, the right of revocation is governed by the provisions set out in detail in the following revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us [GELITA Health GmbH, Uferstrasse 7, 69412 Eberbach; tel.: 06271-84-1605, fax: 6271 84 1650, e-mail: service.health@gelita.com ] by means of a clear statement (e.g. a letter sent by post, a fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to
GELITA Health Versandlager
C.O. Handelshaus Huber-Koelle Lebensmittel GmbH
Werner-Heisenberg-Str. 7
D-68519 Viernheim
immediately and in any case within fourteen days at the latest 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 end of the fourteen day period.
You bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the nature, properties and function of the goods.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
– To [GELITA Health GmbH, Uferstrasse 7, 69412 Eberbach; tel.: 06271-84-1605, fax: 6271 84 1650, e-mail: service.health@gelita.com]:
– I/we (*) hereby revoke 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 the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
– Date
(*) Delete the inapplicable.
You can download the sample revocation instruction here.
– End of the revocation instruction –
5. Prices and shipping costs
5.1. The prices stated on the product pages contain the legal value added tax and other price components.
5.2. In addition to the indicated prices we charge for delivery within
Austria per shipment 11,70 €
Benelux per shipment 11,70 €
France (Colissimo) per shipment 8,50€
Italy (BRT) per shipment 6,90 €
per order. The shipping costs are clearly indicated again on the product pages, in the shopping cart system and on the order page.
6. Delivery
6.1. Delivery within Germany with DHL.
6.2. The delivery time is up to 5 days from the date of order confirmation. We point out possible deviating delivery times or temporary unavailability on the respective product page.
7. Payment
7.1. Payment can be made by PayPal or STRIPE for credit cards.
7.2. Payment of the purchase price is due immediately upon conclusion of the contract.
8. Retention of title
The goods remain our property until full payment is received.
9. Mängelgewährleistung und Haftung
9.1. We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434ff. BGB.
9.2. Consumer claims for damages are excluded. Excluded from this are claims for damages of the consumer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty. This also applies to legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
9.3. In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the consumer’s claims for damages are based on injury to life, body or health.
9.4. The restrictions of 9.2 and 9.3 also apply in favor of the legal representatives and vicarious agents if claims are made directly against them.
9.5. The limitations of liability resulting from 9.2 and 9.3 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply if the contracting parties have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
10. Dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11. Other provisions
11.1. Contract language is German.
11.2. These terms and conditions are subject to German law under exclusion of the UN Sales Convention.
11.3. If individual provisions of this contract including this clause are invalid in whole or in part, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
Source: Online trade, guide through the legal framework of e-commerce under consideration of the new consumer law, by attorney Dr. Carsten Föhlisch/Trusted Shops GmbH and attorney Dr. Christian Groß/DIHK (German Chambers of Industry and Commerce), DIHK Publisher, 2nd edition 2018 (www.dihk-verlag.de ) Note: The sample is published with the kind permission of the authors.