General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Advanced Food GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We will accept your offer within two days by

  • we submit a declaration of acceptance in a separate email or
  • we have the goods delivered or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).

The alternative that is relevant to you depends on which of the events listed occurs first.

Duration/termination of workshop/webinar episodes with corresponding durations

The term of contracts for ongoing workshops/webinars/so-called series is determined by the terms agreed in the order form/order slip. In this case, ordinary termination is excluded until the end of the term. After the end of the term, the contractual relationship ends without the need for termination.

Cancellation of workshops/webinars

If you cancel up to 3 days before the scheduled date, a processing fee of 25% of the booking amount will be charged. After that, the cancellation fee is 50% of the total amount. If you cancel 24 hours or more before the start of the event, the full fee will be charged. Cancellation is only possible in writing; a replacement person can of course be named.

In the case of online workshop and webinar bookings, the booking and thus the subject matter of the contract is deemed to have been delivered and fulfilled in the sense of contract fulfillment if participation is possible by providing the corresponding participation or download links/access and the day(s) of implementation take place. The burden of proof of a technical impossibility to participate due to a technical error within the area of ​​responsibility of Advanced Food GmbH lies with the person making the booking.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers.

We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. Payment

In our shop you can generally use the following payment methods:

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.

PayPal
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited before the goods are dispatched.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

7. Retention of title

The goods remain our property until full payment has been made.

The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

Applicability of statutory liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty or malice
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

Restrictions on consumers

When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

Restrictions on entrepreneurs

For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.

Regulations for merchants

Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and customer service

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you here We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure that includes a personal identity and age check to ensure that the purchaser has reached the required minimum age. The deliverer will only hand over the goods after the age check has been carried out and only to the purchaser personally.

13. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.


Terms and Conditions created in conjunction with TrustedShops Legal writer in cooperation with FOEHLISCH Lawyers .