General Terms of Sale of the Colostrum Technologies GmbH
(for Online Orders)
§ 1 Area of Application
1. All online transactions between the company Colostrum Technologies GmbH (vendor) and our customers are carried out exclusively on the basis and subject to the following general terms of sale. We do not admit terms of sale of the customer that conflict with or differ from our terms of sale, unless the vendor would explicitly have given her written approval to their validity. Our terms of sale do also apply in case we accomplish the delivery to the customer unconditionally, although we have notice of the fact that the terms of sale of the customer conflict with or differ from our own terms of sale.
2. The customer accepts these conditions by making use of our offer, especially by accepting and acknowledging our general terms and conditions in the order process.
§ 2 Range of Products on Offer and Conclusion of Contract
1. The description of our assortment of goods on the Internet is for informational purposes of the customer only. It is not a tender to conclude a contract in terms of § 145 BGB (German Civil Code).
2. By sending an order, the customer submits a binding tender to conclude a contract. By clicking the button “send”, the customer bindingly declares that he wishes to conclude a contract upon the purchase of the products he ordered.
3. At our own option, we can accept this tender within 2 weeks either by sending a confirmation of order or by sending the ordered products to the customer within the stated period. The order is confirmed immediately after it has been sent.
4. If individual statements concerning our range of products on the website should be faulty, the vendor will either inform the customer separately upon receipt of the order or submit an appropriate counter-offer.
§ 3 Right of Withdrawal for Consumers
Cancellation Policy
Any customer has the right to revoke his / her contractual statement in writing (e.g. letter, e-mail, and fax) within a term of one month, without stating reasons or by returning the goods. The cancellation period shall commence at the earliest on receipt of a separately sent written notice of cancellation. Either the notice of cancellation in writing or the goods must be received on or before the appropriate date. Please send the notice of cancellation to:
Colostrum Technologies GmbH
Richthofenstrasse 21 1/2
86343 Königsbrunn
Germany
Tel : +49 (0) 8231 - 98971 - 0
Fax: +49 (0) 8231 - 98971 - 20
E-Mail:
info (at) c-live.eu
info (at) colostrum.de
Effects of Withdrawal
In case of an effective notice of cancellation the services received on both sides and advantages that were derived (e.g. interest, compensation for use) are to be reimbursed. If applicable, you are obliged to pay compensation for the value of the services/goods you received from us, in case you can only return this services/goods in part, in a declined condition, or not at all. This does not apply to surrender of goods, if the deterioration of goods can only be put down to their inspection – as it would have been possible in a retail store. Incidentally you can avoid the obligation for value replacement by not using the goods as if they were your property and refraining from any action that might reduce the goods’ value. All goods that are eligible for shipping at the rate of a parcel are to be returned. You have to bear the costs of return, if the delivered goods comply with the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 Euros or, in case of a higher price of the goods, if you have not yet rendered the service in return or any part payment stipulated by contract at the time of cancellation. Otherwise, return is exempt from charges. Goods that are not eligible for shipping at the rate of a parcel are picked up at your home. You have to meet obligations to reimburse payments within 30 days from posting your cancellation.
The right of withdrawal does not apply if the goods are manufactured according to customer’s specifications, or if they are explicitly tailored to particular needs, or if the goods are not eligible for return due to their properties and condition, or if they are perishable or their date of expiry would be exceeded.
End of disclaimer
§ 4 Delivery
1. Shipping is carried out for account and at the risk of the customer. We deliver via postal delivery. Delivery will be carried out fastest possible ex works in Augsburg, Germany.
3. Specifications of delivery dates are without obligation unless something different has been explicitly agreed. Compliance with delivery dates is always subject to a duly supply to ourselves. If the ability to supply the goods is subject to a supply by a subcontractor and if it fails for reasons that are beyond control of the vendor, we are entitled to withdraw from the contract. The customer is not entitled to the right to be paid compensation for this reason. A purchase price that has already been paid is immediately refunded to the customer.
4. Unforeseeable obstacles, as for example act of nature beyond control, strike, accidents and others that cause a delay of performance will release us from keeping delivery terms that might possibly have been agreed.
5. The vendor is entitled to render partial deliveries in a reasonable dimension. In this case, the orderer has to bear only those shipping costs that would have accrued for a complete delivery of the ordered goods.
§ 5 Prices – Terms of Payment
1. At the time of submitting an order, the scheduled prices as shown on the internet pages apply.
2. All prices are final amounts in Euros, including the respective VAT, but ex costs for packaging and shipping. In case of deliveries abroad, VAT is not charged only if the order has been submitted inclusive of a valid VAT identification number. The customer is obliged to pay regard to the national tax regulations.
3. In case of deliveries on account (with customer ID), the amount invoiced is due within 14 days from date of invoice. Invoicing is always carried out on the date of dispatch.
4. Apart from that, the following methods of and times for payment apply:
5. If the customer is in arrears with payments on account, we are entitled to claim default charges amounting to 5 percentage points above base rate of the European Central Bank. If the customer is entrepreneur, the rate of interest amounts to 8 percentage points above base rate.
6. The customer is only entitled to set-off, if his counterclaims are established as final and absolute, undisputed or approved by us.
§ 6 Shipping and Handling
1. In case of purchase order quantities below € 15.00, we will charge a surcharge for quantities below minimum of € 1.50 in addition to the shipping costs. This extra charge does not apply in case of direct debit authorisation, payment via credit card (Visa card or MasterCard) or payment in advance via crossed cheque.
2. In case of order quantities above Euros 15.00 and below Euros 50.00, shipping costs amount to € 5.11 as a lump sum irrespectively of the order value and delivered by post within Germany. To Austria and Switzerland, shipping costs amount to € 10.00 as a lump sum up to an order value of Euros 80.00. For shipping to the rest of the world we will charge € 12.50 for orders up to an order value of Euros 200.00. From an order value of Euros 200.00, shipping costs will amount to € 6.00 only.
§ 7 Conditional Sale
1. If the costumer is a consumer, we reserve our proprietary rights of the delivered goods until the purchase price is paid in full.
2. If the customer is an entrepreneur, we reserve our proprietary rights of the delivered goods until receipt in full of all demands from the customer. This does also apply in case the specific goods are already paid. If the goods are resold to third parties before they are paid, the customer already now assigns his receivables that accrue from resale to us up to the value of the goods delivered by us. We accept this assignment.
§ 8 Warranty Claim
1. If a defect of the ordered goods is at hand, we are liable according to the legal provisions of §§ 434 ff. BGB (German Civil Code), as far as no restrictions arise as a result of the following points.
2. If there is a defect in the sales item, the orderer is entitled of his own choice to claim supplementary performance in form of removal of defects or a delivery of a new sales item free of defects. In case of removal of defects, the vendor is obliged to bear all costs that are required to remove defects, especially shipping and transportation charges, as well as labour costs and material expenses, as far as these costs are not increased by the fact that the sales item has been taken to another place than the place of delivery. If the supplementary performance fails, the customer is entitled of his own choice to withdraw from the contract or to claim a reduction of the purchase price.
3. If the customer is a consumer, the statue of limitations for claims for defects amounts to two years from passing of risk. If the customer is an entrepreneur, the statue of limitations amounts to one year.
4. Additional guarantee provisions apply for all goods to the extent the producer provided such guarantee provisions. After the goods are opened, the minimum durability stated on the packaging does apply as term of guarantee.
5. We are liable according to the legal provisions, as far as the customer asserts compensation claims that are based on intent or gross negligence, inclusive of intent or gross negligence of our representatives or vicarious agents. In case we are not accused of a violation of contract on purpose, the liability for damages is limited to the foreseeable, typically occurring damage.
6. We are liable according to the legal provisions, as far as we culpably infringe on an essential contractual obligation. In this case, the liability for damages is limited to the foreseeable, typically occurring damage.
7. The liability due to culpable injury to life, body or health remains untouched. This also applies to compulsory liability subject to Product Liability Act.
§ 9 Joint Liability
1. A further liability for compensation as intended in § 8 – irrespective of legal basis – is excluded. This does especially apply to indemnity claims from faults at conclusion of contract, in consequence of other violations of duty or due to tort claims for indemnification of property damages according to § 823 BGB (German Civil Code).
2. The limitation subject to Para. 1 does also apply, as far as the orderer lays claim to the compensation of useless expenses instead of the performance.
§ 10 Data Protection
All data of our customers will be treated confidentially. Data are only stored and processed within the scope that has been approved by the customer and under strict observation of legal provisions, as e.g. German Data Protection Act or luKDG. Forwarding these data to third parties that are not related to implementation of the contract is excluded.
§ 11 Place of Jurisdiction and Applicable Law
In case of contracts with business people, corporate bodies under public law or public fund assets, Augsburg in Germany shall be the exclusive place of jurisdiction for all civil disputes.
In transactions with consumers, the court at the residence of the consumer is responsible for all civil disputes.
If the customer does not have a domestic place of general jurisdiction in Germany or any other EU member state, the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
For this contract solely the law of the Federal Republic of Germany applies. The application of the UN sale of goods law is excluded. This does not apply if specific provisions of consumer protection in the home country of the customer are more advantageous (Article 29 EGBGB – Introductory Act to the German Civil Code).
§ 12 Copyright
The web pages of the shop of the vendor as well as its components can be protected by copyright. The usage, especially reproduction and imitation, also in extracts, is only permissible upon approval of the vendor. The figures are subject to the protection of § 72 UrhG (German Copyright Act).
Status: February 17, 2010
