Terms of Service
General Terms and Conditions
the GbR Louie's green plum
§ 1. General
Your contractual partner for all orders in this online offer is the GbR Louie's grünepflaume, represented by Louis Lowe, Julian Lowe and Kerstin Hansen hereafter called "Louie's grünepflaume". All deliveries from grünepflaume.de to the customer are made on the basis of the following general terms and conditions. These are based on all offers and agreements between grünepflaume.de and the customer and are valid for the duration of the entire business relationship. Conflicting or deviating conditions of the buyer are only binding if Louie's grünepflaume has acknowledged them in writing.
§ 2 Responsibility for online offer
(1) For the products and motifs offered under https://gruenepflaume.de/shop/ and the design of the shop as a whole, Louie's grünepflaume is responsible. The at the URL: https://gruenepflaume.de/shop/
Offered articles represent the product portfolio of Louie's grünepflaume.
§ 3 Conclusion of contract
(1) The "offers" contained on the website are a non-binding invitation to the customer to order from Louie's grünepflaume
(2) By submitting the completed order form on the Internet, the customer makes a binding offer to conclude a purchase contract. Before final submission, the customer has the opportunity to check the correctness of his entries on an overview page and to correct them if necessary. grünepflaume.de then sends the customer an order confirmation by e-mail and checks the offer for its legal and actual feasibility, in particular for a possible infringement of third-party property rights. The order confirmation does not represent an acceptance of the offer, but merely informs the customer that his order has been received by grünepflaume.de. The contract is only concluded when Louie's green plum sends the ordered product to the customer.
(3) Louie's grünepflaume reserves the right to refuse orders placed within the statutory acceptance period if it becomes known during the ordering process or if it is suspected that a print motive violates the rights of third parties or statutory provisions.
(4) The contract is concluded subject to the timely and complete self-delivery. This reservation does not apply in the case of short-term delivery disruptions or if grünepflaume.de is responsible for the non-delivery, in particular if Louie's grünepflaume fails to make a congruent hedging transaction in good time. The customer is informed immediately about the unavailability of the service. If the consideration has been provided by the customer, this will be refunded.
§ 4 delivery / shipping
(1) The delivery is generally within 2-7 working days from receipt of the order confirmation by the customer. Delivery dates and delivery times are only binding if they have been expressly confirmed by Louie's grünepflaume as such.
(2) The delivery takes place within Germany, anyway within and outside the EU.
(3) Delivered by a shipping service to be selected by Louie's grünepflaume. The customer has to pay a postage fee, which depends on the order value and the place to which it is to be delivered.
§ 5 prices
(1) For customers from EU countries, the prices indicated are final prices. They contain the applicable statutory taxes, in particular VAT. Shipping costs will be charged separately and shown separately in this invoice. Decisive is the delivery address.
(2) For customers outside the EU, all prices quoted are net prices. Decisive is the delivery address. If, in accordance with the statutory provisions, VAT is payable in the recipient country, this is payable in addition to the receipt of the goods. In addition, import duties may apply, which the purchaser must additionally pay upon receipt of the goods.
(3) The customer must bear shipping costs, which may depend on the order value and the place to which it is to be delivered.
(4) Purchase price and shipping costs are due immediately without deduction.
§ 6 Payment
(1) Payment is made at the customer's option by direct debit (SEPA basic mandate), credit card, prepayment, Pay-Pal or other payment methods. Louie's grünepflaume reserves the right to restrict the choice of payment methods between which a customer can choose, depending on order value, shipping region or other factual criteria. In the case of payment by direct debit (SEPA basic mandate), Louie's grünepflaume will send the customer the advance notification (Pre-Notification) after the order has been placed as part of the order confirmation (see § 3 (2)). The collection of a direct debit takes place with account-holding banking institutes in Germany, Austria and Spain at the earliest 1 day after forwarding the advance notice, with account-holding banking institutes in other countries at the earliest 5 days after forwarding the advance announcement.
(2) Insofar as the method of payment chosen by the customer is not feasible despite the contractual implementation by Louie's grünepflaume, in particular because a debit from the customer's account is not possible due to lack of cover or false data, the customer has grünepflaume.de or his third parties commissioned with the processing to replace the resulting additional costs.
(3) grünepflaume.de is entitled to use the services of trusted third parties in the processing of payment:
a) In the event of default by the customer, grünepflaume.de may assign its claims to a collection agency and transfer the personal data required for payment processing to this third party.
b) If third parties are involved in the processing of payments, the payment in relation to grünepflaume.de shall not be deemed to have been made until the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.
(4) The customer agrees that he receives only electronic invoices. The invoices are made available to the customer in PDF format by e-mail.
§ 7 Retention of title
(1) The goods shall remain the property of Grünepflaume.de until the claims due to Louie's Grünepflaume are settled. If the customer is a merchant within the meaning of the German Commercial Code, Louie's grünepflaume reserves ownership of all delivery items until receipt of all payments from the business relationship.
(2) The customer is obliged to treat the goods with care until the transfer of title to him.
§ 8 Warranty
(1) Information, drawings, illustrations, technical data, weight, measurement and performance specifications contained in brochures, catalogs, circulars, advertisements or price lists are for informational purposes only. grünepflaume.de assumes no liability for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation is decisive.
(2) Insofar as there is a defect subject to warranty, the customer is entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(3) In the case of returns due to defects, Louie's grünepflaume will also pay the postage. Once the package of plums has been opened, this claim is eliminated.
(4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. Louie's grünepflaume is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) The claims of the customer from the warranty presuppose that, if the customer is a merchant, he has complied with his obligations under Section 377 HGB to inspect and give notice of defects.
(6) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.
§ 9 Limitation of Liability
(1) The liability of grünepflaume.de is otherwise governed by the statutory provisions, unless otherwise stated in these General Terms and Conditions. Grünepflaume.de is liable for damages, for whatever legal reason, only in cases of intent and gross negligence. In the case of simple negligence and breach of a material contractual obligation (cardinal obligation), the liability of Louie's grünepflaume is limited to the compensation of the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above provisions.
(2) Insofar as the liability of Louie's grünepflaume in these General Terms and Conditions is excluded or limited, this shall also apply to the personal liability for damages of employees, employees, employees, representatives and vicarious agents of grünepflaume.de.
§ 10 Information about the right of withdrawal for consumers
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 or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us Louie's grünepflaume Bahrenfelder Strasse 79, 22765, c / os' Fachl Germany Tel: +49 1726060144, by means of a clear statement (eg a letter sent by post, fax or e-mail) inform about your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected 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 have to repay 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 will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise 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 must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. The cost is estimated at a maximum of about 5 EUR. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
§ 12 Technical and design differences
We expressly reserve the right to deviate from the descriptions and information contained in our brochures, catalogs and other written and electronic documents with regard to printing and surface quality, color, weight, dimensions, design or similar features insofar as these are reasonable for the purchaser. Reasonable reasons for change may arise from commercial fluctuations and technical production processes.
§ 13 Privacy
grünepflaume.de processes personal data of the customer earmarked and according to the legal regulations. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by grünpflaume.de to fulfill and process the contract. This information will be kept confidential by Louie's grünepflaume and will not be shared with third parties who are not involved in the ordering, delivery and payment process. The customer has the right, upon request, to receive information free of charge about the personal data that have been stored by greenepflaume.de about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
§ 14 Place of Jurisdiction - Place of Performance - Choice of Law
(1) The place of performance for all deliveries is the storage location of Louie's grünepflaume in Hamburg.
(2) If the customer is a merchant within the meaning of the HGB, a legal entity under public law or public law special fund, Hamburg is the place of jurisdiction. In this case, grünepflaume.de is also entitled to sue the customer at the choice of grünepflaume.de at his place of residence. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, relocates his domicile or habitual residence from the country after conclusion of the contract, or his domicile or usual place of residence is unknown when the action is brought.
(3) The contract in accordance with these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The validity of the UN sales law is excluded. Insofar as the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
(4) Should individual provisions of these General Terms and Conditions be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can download at https://ec.europa.eu/consumers/odr find. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.