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Business Terms

General Terms and Conditions for the Online-Shop of Dr. Bronner's Europe GmbH

Preliminary note

Below you will find our general terms and conditions for your registration and your orders via our online shop drbronner.de. As it happens with terms and conditions, they sound more formal and unfortunately a bit impersonal. But as the saying goes, "what has to be must be". As you can see from the following regulations, we have designed them in such a way that your purchase becomes as simple, safe and a completely positive experience for you.

1. Scope / sale only to consumers

1.1 These General Terms and Conditions ("Terms") govern the business relationship between us, Dr. Bronner's Europe GmbH, Siemensstrasse 14, 41469 Neuss, Germany ("Dr. Bronner's") and you as a customer if you use our online store to buy our products.

1.2 The business relationship between you and us is exclusively subject to the GTC in the version valid at the time of the order. The following terms conflicting or deviating terms and conditions shall not apply, unless we expressly agree to their validity in writing. 

1.3 We sell our products exclusively to consumers, small businesses, clubs and foundations in common household quantities. You are a consumer, as far as the purpose of the ordered deliveries and services cannot be attributed predominantly to your commercial or independent professional activity.  Your trade is a small business, if it does not require a commercially furnished business operation according to type or extent (§ 1 Abs. 2 HGB).

2. Conclusion of contract

2.1 You can choose from the assortment of the Dr. Bronner's online shop to select products and collect them via the button "add to cart" in the virtual shopping cart. The presentation of products in the Dr.Bronner's online shop does not constitute a legally binding offer, but merely a non-binding online catalog.

2.2 By clicking on the button "order now" you place a binding order of the items contained in the shopping cart that represents your offer to us. By clicking this button you accept the terms and conditions which you have included in your request.

2.3 We will confirm the receipt of your offer for the order immediately by e-mail. In such a confirmation is still no binding acceptance of the order.  A contract is only concluded when we accept your order separately by e-mail (eg shipping confirmation) or by the delivery of the ordered goods.

2.4 In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text will be sent to you by e-mail in the form of a PDF document (consisting of order, GTC and order confirmation), so that you can save the text of the contract or take it in writing to your documents. The text of the contract is stored by us in compliance with data protection.

2.5 The contract is concluded in German.

3. Registration / customer account

3.1 You can register as a customer via our online shop and create a customer account. For this you must enter certain personal data, which is saved by us and facilitate future purchases through our online store, as your data is then already saved for a new purchase. In addition, you must set a password, by which only you should have access to your customer account. The confirmation of the registration of the customer account follows immediately after the registration by clicking on the button "register". With your access data you can get in Sign up for Dr. Bronner's online store. Each customer is only entitled to maintain a customer account at the same time. We reserve the right to delete multiple registrations. Of course you can change your entered data at any time or delete your customer account. We are not obliged to accept the registration or the order of a registered customer. Furthermore, we are not obliged to keep the offer permanently available. Confirmed orders remain unaffected.

3.2 It is not necessary to create a customer account.  You can also purchase goods without a customer account via our online shop. If you would like to purchase goods without a customer account, you must provide us with certain information such as name, address, postal and delivery address, telephone number and e-mail address for the execution and processing of the purchase contract.

3.3 When entering your personal data (be it when creating / changing a customer account or entering your data for the execution and execution of the contract) you are responsible for the truthful and complete information. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties.

4. Delivery and transfer of risk

4.1 There is following delivery restriction: We only deliver to customers who provide a delivery address in one of the following states: Federal Republic of Germany, Belgium, Bulgaria, Denmark, Finland, Greece, Italy, Croatia, Latvia, Lithuania, Luxembourg, Monaco, Austria, Poland, Sweden, Slovenia, Spain (except Canary Islands).

4.2 If the product ordered by you is temporarily unavailable, we will inform you immediately. With a delivery delay of more than two weeks, you have the right to withdraw from the contract.  Incidentally, in this case we also have the right to cancel the contract. Here already paid payments are refunded immediately.

4.3 If we are unable to comply with binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform you immediately and at the same time notify you of the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse you for any consideration already provided by you. As a case of non-availability of the service in this sense, in particular the non-timely self-delivery by our supplier, if we have a congruent hedging transaction, neither us nor our suppliers are at fault or we are not obliged to procure in individual cases. Our statutory rights of rescission and termination as well as the statutory provisions on the execution of the contract in the event of an exclusion of the obligation to perform (eg impossibility or unreasonableness of the service and / or supplementary performance) remain unaffected. 

4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to you as the customer at the latest upon transfer.

5. Retention of title

5.1. Until the full payment of the respective invoice amount, the delivered goods remain our property (reserved goods).  As a customer, you are obliged to treat the retained goods with care during the existence of the retention of title.

5.2. In the case of seizure of the reserved goods by third parties or other interventions by third parties, you must point out our ownership and notify us immediately in writing so that we can assert our ownership rights. If the third party is unable to reimburse us for judicial or extrajudicial costs incurred in this connection, you are liable for this.

6. Prices / shipping costs / payment / credit check

6.1. All prices, which are indicated on the side of our on-line shop, are inclusive of the in each case valid legal value added tax.

6.2. The resulting shipping costs will be displayed during the presentation of our products and during the ordering process. These may vary depending on the delivery location you specify.

6.3. For the payment of the goods ordered by you different payment options are available (eg by credit card (VISA or Mastercard ), Sofortüberweisung or PayPal). The different payment options are displayed during the ordering process, from which you can choose one.  You can change the payment method stored in your customer account at any time, as far as this is possible based on the billing address given by you.

6.4. The payment of the purchase price is due immediately upon conclusion of the contract. When purchasing on account, the payment is due immediately upon receipt of the invoice.

6.5. Your payment details will be transmitted to the appropriate payment service provider depending on the payment method you have selected.  The responsibility for your payment data is borne by the financial service provider.

7. Notes on data processing

7.1. We collect data from you as a customer as part of the processing of contracts.  In particular, we observe the regulations of the Federal Data Protection Act and the Telemedia Act. Without your consent we will only collect, process or use stock and usage data of you, as far as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

7.2. In order to deliver the goods ordered by you, we will pass on your data to the commissioned shipping company, insofar as these are required for delivery.

7.3. Without your consent we will not use your data for advertising, market or opinion research purposes.

7.4. If you have created a customer account, you have the opportunity to retrieve and to change or delete the data you have stored under the button "My Account / My Data" them at any time.

7.5. In addition, with regard to your consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed on our website at any time via the button "Privacy Policy" in printable form.

8. Warranty / Guarantee

8.1. For your rights in the case of material and legal defects, the statutory provisions apply.

8.2. An additional guarantee exists for the goods delivered by us only if this was expressly stated in the description of the product on the side of our online shop or the order confirmation for the respective product.

9. Disclaimer

9.1. Insofar as nothing deviating from these General Terms and Conditions, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

9.2. For damages - for whatever legal reason - in case of intent and gross negligence we are liable.  With simple negligence we are liable only

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from a breach of a material contractual obligation (ie an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner can regularly rely and trust);  however, in this case, our liability is limited to compensation for foreseeable, typically occurring damage.

9.3. The limitations of liability resulting from clause 9.2 do not apply insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to claims by you under the Product Liability Act.

9.4. Insofar as liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

10. Copyright and industrial property rights

All image rights, copyrights and other industrial property rights in the content of our online shop (including texts, images, graphics, videos, music, trademarks, logos and other company marks) are owned by us or our partners. A use without prior explicit consent by us is not permitted.

11. Assignment / set-off / right of retention

11.1. You are not entitled to assign the contract of sale concluded with us or parts thereof without our written consent to third parties.

11.2.  Your ability to offset claims for defects in the case of a delivery of defective goods and other claims from the same contractual relationship against our purchase price claim shall not be limited by these Terms;  With claims from other legal relationships, however, you can only offset against our purchase price claim , as far as your claims are undisputed, we have recognized them or they have been legally established.  As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase agreement.

12. Storage possibility and insight into the contract text

12.1. You can see our terms and conditions on the website drbronner.de under "Terms and Conditions". You can also print or save this document by using the usual function of your Internet utility. You can also download and archive this document as a PDF file by clicking drbronner.de/agb.

You can also archive the data of your order by waiting for the automatic order confirmation, which we will send you by e-mail after completing your order to the e-mail address you provided. This order confirmation e-mail contains the data of your order and the terms and conditions and can be easily printed or saved with your e-mail program.

12.2. We will also provide you within a reasonable time after conclusion of the contract, at the latest with delivery of the goods, a confirmation of the contract in which the contract is given again on a durable medium (eg by e-mail or in writing) so that you can save the contract and / or take to your documents. Further legal information obligations, which we have to fulfill towards you, are not affected by this regulation.

12.3. Your order details are stored with us, but are not available for security reasons directly from you.  We offer a password-protected direct access ("My Account") for each customer via his customer account.  Here you can, with appropriate registration, view data about your completed, open and recently sent orders and manage your address data, any payment details and any newsletter.

12.4. The text of the contract is saved while maintaining data protection.

13. Right of withdrawal

13.1. Cancellation

As a consumer, when you conclude a long-distance transaction, you have a legal right of withdrawal (exception eg in section 13.2), which we will subsequently inform you in accordance with the statutory model.

 

 

Withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Dr. Bronner’s Europe GmbH, Siemensstr. 14, 41469 Neuss | Tel.: +49 (0) 2137 937 91 00, Fax: +49 (0) 2137 937 91 01) by means of a clear statement (eg. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

In case you withdraw from this agreement, we will pay back all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You shall send back or hand over the goods without undue delay and in any event not later than fourteen days from the date on which you inform us of the withdraw of this contract, to

Dr. Bronner’s Europe GmbH
Siemensstr. 14
41469 Neuss
Germany

The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from a handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Pattern Withdrawal Form

 

13.2. No right of withdrawal

Unless otherwise agreed, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

14. Platform for online dispute resolution

14.1. Under current law, we are required to alert consumers to the existence of the European Online Dispute Resolution Platform, which can be used to settle disputes without the need for court intervention. The platform is set up by the European Commission. You can find the European online dispute resolution platform here: http://ec.europa.eu/odr.

15. Final provisions

The law of the Federal Republic of Germany under exclusion of the UN sales law applies to these GTC as well as all legal and contractual relations between us and you.

 

 As of: July 2018 

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