General Terms and Conditions with Customer Information
1. Applicable scope
2. Registration and data protection
3. Contractual language, storage of the contractual text
4. Offers and service descriptions
5. Order process and conclusion of contract
6. Prices and shipping costs
7. Delivery, availability of goods
8. Terms of payment
9. Retention of title
10. Warranty for material defects and guarantee
11. Liability
12. Right of revocation and revocation instruction
13. Information in accordance with § 36 VSBG [German Act on Alternative Dispute Resolution in Consumer Matters] and the ODR Regulation
14. Place of fulfilment, place of jurisdiction, choice of law
15. Final provisions
1. Applicable scope
1.1. For the business relationship between the Global Ethic Foundation, Eisenbahnstrasse 1, DE-72072 Tübingen, Germany (hereinafter referred to as the “seller”) and the customer (hereinafter referred to as the “customer”), the following General Terms and Conditions (T&C) apply exclusively in the version currently valid at the time of the order.
1.2. These T&C apply regardless of whether the customer is a consumer or an entrepreneur. A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his/her or its trade, business or profession.
1.3. These T&C apply exclusively. The inclusion of T&C which conflict with, are supplementary to or deviate from ours is hereby rejected. These shall also not apply if we carry out the customer’s delivery in the knowledge of deviating T&C of the customer and/or without express objection to deviating T&C of the customer.
1.4. These T&C shall also apply to future legal transactions between us and the customer, even if they are not expressly included.
2. Registration, data protection
2.1. The customer can register in our webshop. We then create a customer account for the customer. The customer can log into this at any time by entering their email address and password and place orders.
2.2. To register, the customer must provide their personal data. This includes email address or user name.
2.3. The customer also has the option of ordering as a guest without creating a customer account.
2.4. We process the customer’s personal data in compliance with the applicable laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The individual provisions on the processing of personal data can be found in our Privacy Policy for customers. When visiting our website, our Privacy Policy for the website also applies.
3.1. The contractual language is German.
3.1. The contractual language is German.
3.2. The text of the contract is stored internally by us.
3.3. The text of the contract can no longer be retrieved by the customer after the order process has been completed. However, the customer can save the order data by saving and printing the data summarised on the last page of the order overview using the functions of their Internet browser.
3.4. Alternatively, the customer has the option of waiting for the automated order confirmation, which we send by email to the email address provided by the customer during the order process, and which can then be printed out or saved using the customer’s email program.
4. Offers and service descriptions
4.1. The presentation of the products in the webshop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogues and on the seller’s websites do not have the character of an assurance or guarantee.
5. Order process and conclusion of contract
5.1. The customer can select products from the seller’s range without obligation and collect them [In den Warenkorb] in a so-called shopping basket using the [Add to basket] button. They can also choose the quantity of the products. All prices include VAT but exclude shipping costs. [Warenkorb anzeigen] The customer can check the contents of their shopping basket by clicking on the [Show basket] button. Within the shopping basket, the product selection can be changed, e.g. deleted. The customer is also shown the shipping costs in the shopping basket. The customer can then click on the [Continue to checkout] button in the shopping basket [Weiter zur Kasse] to initiate the order process.
5.2. The customer is then asked to enter their personal data (first and last name, company, delivery and invoicing address, email address, telephone number etc.). If the customer is registered, they can log in to their customer account. The customer is free to decide whether or not to create a customer account.
5.3.The customer can then check their order in the order overview. There is an opportunity there to finalise what the customer wants to order. If the customer wishes to cancel the order process completely, they can close the browser window at any time. These processes are non-binding.
5.4. The customer must tick a box to confirm that they have taken note of the available T&C and revocation provisions and agree to their validity.
5.5. The customer submits a binding application to purchase the goods in the shopping basket by clicking the [Order with obligation to pay] [Zahlungspflichtig bestellen]button. Before submitting the order, the customer can change and view the details at any time and use the “back browser” function to return to the shopping basket or cancel the order process altogether. Required information is marked with an asterisk (*).
5.6. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request.
5.7. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer, handed it over or confirmed the dispatch to the customer by a second email, express confirmation of the order or sending of the invoice. Acceptance may also be effected by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest acceptance time shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by its offer.
6. Prices and shipping costs
6.1. All prices stated on the seller’s website include the applicable statutory value added tax.
6.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer during the ordering process.
7. Delivery, availability of goods
7.1. Unless otherwise agreed in individual cases, any delivery periods stated are approximate.
7.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
7.3. An agreed delivery period shall be subject to the reservation of complete and timely delivery to the seller by its contractual partners (reservation of self-supply). This shall not apply if it is clear from the contractual agreement that the seller has assumed a procurement risk or if there is a case of an indeterminate obligation. Furthermore, the seller’s obligation to perform shall not lapse due to the reservation of self-supply if the seller has not concluded a congruent hedging transaction with its suppliers with regard to the performance to be rendered in relation to the customer or has culpably caused the non-fulfilment of this congruent hedging transaction itself. The seller shall inform the customer immediately if the performance of the congruent hedging transaction is not available. The seller may then withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
7.4.Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
7.5. In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.
7.6. In the event of force majeure, the deadline for performance shall be extended accordingly. Excluded from this are those cases in which the existence of a case of force majeure and its duration have no influence on the period of service provision. The duration of the impediment and a reasonable lead time shall be taken into account when determining the reasonable extension of the deadline for performance. Events unforeseeable at the time of conclusion of the contract, such as pandemics and epidemics, energy and raw material shortages, strikes, lockouts, official measures, terrorist attacks and war are also deemed to be cases of force majeure. The seller shall inform the customer immediately of the existence of force majeure and the expected end of this circumstance. If the state of force majeure lasts continuously for more than three months or if the delivery date is extended by more than four months due to several circumstances of force majeure, both the customer and the seller are entitled to withdraw from the contract. In the event of force majeure, the assertion of claims for damages and other claims is excluded. The obligation to provide consideration is cancelled; payments already made will be refunded. The provisions of this clause shall apply accordingly if the circumstances occur at a subcontractor and affect the delivery to the seller.
8. Terms of payment
8.1. Payment shall be made exclusively by bank transfer and must be made within 30 days of receipt of the goods and the invoice, unless otherwise agreed.
8.2. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
8.3. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
8.4. The customer shall only have a right of set-off if their counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
9. Retention of title
9.1. The delivered goods remain the property of the seller until full payment has been made.
9.2. For customers who are entrepreneurs, the following applies in addition to clause 9.1: The seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full. The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to them. In particular, they are obliged to insure them adequately at their own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at their own expense. The processing or transformation of the reserved goods by the customer is always carried out on behalf of the seller. If the reserved goods are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against them which arise against a third party through the combination of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs arising from such interventions for a third-party action or costs for an out-of-court release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to the seller in full by way of security all claims arising from the resale or other legal grounds in respect of the reserved goods (including all current account balance claims). The seller revocably authorises the customer to collect the claims assigned to the seller for their account and in their own name. This direct debit authorisation can be revoked if the customer does not properly meet their payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (by more than 50% if there is a realisation risk). The selection of the securities to be released is the responsibility of the seller. Ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer upon settlement of all claims of the seller arising from delivery transactions. The selection of the securities to be released is the responsibility of the seller.
10. Warranty for material defects and guarantee
10.1. Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.
10.2. The goods supplied by the seller are only guaranteed if this has been expressly stated. Customers are informed of the guarantee conditions before initiating the order process.
10.3. If the customer is an entrepreneur, they must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier in writing of recognisable material defects immediately, at the latest within two weeks of delivery, and of non-recognisable material defects immediately, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and colour that are customary in the trade and permissible in accordance with quality standards are not considered defects.
10.4. If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the seller.
10.5. Without prejudice to the liability provisions of these T&C, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur’s recourse. The warranty for used goods is excluded for customers who are entrepreneurs.
10.6. If the customer who is an entrepreneur has, within the meaning of § 439 para. 3 of the German Civil Code (BGB), installed the defective item in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the item which has been repaired or delivered defect-free within the scope of subsequent fulfilment. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the item which has been repaired or delivered defect-free in the context of recourse by the customer within the supply chain (i.e. between the customer and their customers).
11. Liability
11.1.The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other statutory requirements for claims.
11.2. The seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
11.3. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding clauses.
11.4. The above limitations of liability shall not apply in the event of injury to life, limb or health for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
11.5. Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
12. Right of revocation and revocation instruction
12.1. As a consumer, the customer has a right of revocation for contracts concluded outside of business premises and for distance selling contracts.
12.2. The following revocation instruction applies to the exercise of the consumer’s right of revocation:
Revocation instruction
Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of revocation, you must inform the Global Ethic Foundation (Eisenbahnstr. 1, DE-72072 Tübingen, Germany, Tel.: +49 (0)7071 40053-0, Fax: +49 (0)7071 40053-69, versand@weltethos.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). For this purpose, you may use the attached specimen revocation form, but this is not mandatory. To comply with the revocation period, it is sufficient to send the notification prior to the expiry of the revocation period, advising us that the right of revocation is being exercised.
Consequences of revocation
If you effectively revoke this contract, we are obliged to return all payments we have received from you, including delivery costs (except the additional costs incurred by your selection of a way of delivery which differs from the most economical standard delivery offered by us). Such return payment must be made immediately and no later than within fourteen days from the day on which we receive your notification that you are revoking the contract. The repayment will be made by the same means of payment as the one used for the initial transaction, unless expressly agreed with you otherwise; in any event, you will not be charged any fees for such a repayment. We many refuse to refund you until we have received the returned merchandise, or until you have provided proof that you have returned the merchandise, whichever is earlier. You shall return or hand over the goods to us without undue delay, at the latest within fourteen days of the day on which you notified us of your intention to revoke the contract. The deadline is satisfied if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs for returning the goods.
You must only pay for any loss in value of the goods if this loss is due to the handling of the merchandise in a manner not necessary for examining its quality, characteristics and proper functioning.
Exclusion or premature expiry of the right of revocation
The right of revocation does not apply to contracts
- for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
The right of revocation shall expire prematurely in the case of contracts
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Specimen revocation form
(If you wish to revoke the contract, please complete and return this template.)
– To [(Global Ethic Foundation, Eisenbahnstr. 1, DE-72072 Tübingen, Germany, Tel.: +49 (0)7071 40053-0, Fax: +49 (0)7071 40053-69, versand@weltethos.org)]:
– 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 in the case of paper notification)
– Date
—————————————
(*) Delete where inapplicable.
Revocation instruction for a contract for the delivery of digital content that is not delivered on a physical data carrier
Revocation instruction
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise the right to revoke, you must inform us (Global Ethic Foundation, Eisenbahnstr. 1, DE-72072 Tübingen, Germany, Tel.: +49 (0)7071 40053-0, Fax: +49 (0)7071 40053-69, versand@weltethos.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). For this purpose, you may use the attached specimen revocation form, but this is not mandatory. To comply with the revocation period, it is sufficient to send the notification prior to the expiry of the revocation period, advising us that the right of revocation is being exercised.
Consequences of revocation
If you effectively revoke this contract, we are obliged to return all payments we have received from you, including delivery costs (except the additional costs incurred by your selection of a way of delivery which differs from the most economical standard delivery offered by us). Such return payment must be made immediately and no later than within fourteen days from the day on which we receive your notification that you are revoking the contract. The repayment will be made by the same means of payment as the one used for the initial transaction, unless expressly agreed with you otherwise; in any event, you will not be charged any fees for such a repayment.
Specimen revocation form
(If you wish to revoke the contract, please complete this form and return it to us.)
– To [Insert: Name/company, address, email address and, if available, fax number]:
– 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 in the case of paper notification)
– Date
—————————————
(*) Delete where inapplicable.
Exclusion or premature expiry of the right of revocation
The right of revocation does not apply to contracts
- for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
The right of revocation shall expire prematurely in the case of contracts
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
13. Information in accordance with § 36 VSBG [German Act on Alternative Dispute Resolution in Consumer Matters] and the ODR Regulation
The customer has been informed that consumers have the option of using the EU Commission’s platform for online dispute resolution. The platform can be accessed via the following link: www.ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.
14. Place of fulfilment, place of jurisdiction, choice of law
14.1. If the buyer is an entrepreneur, the place of fulfilment shall be the seller’s registered office, subject to other agreements or mandatory statutory provisions.
14.2. If the customer is a merchant, the exclusive place of jurisdiction is the court responsible for our registered office in Tübingen, Germany. The seller is also entitled to sue the customer at the customer’s general place of jurisdiction.
14.3. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
15. Final provisions
15.1. Should one or more provisions of these T&C or parts of a provision be invalid, this invalidity shall not affect the validity of the remaining provisions or the contract as a whole.
15.2. Clause 1 shall apply accordingly in the event of a loophole.