Termes et Conditions Générales

• 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Afrikbiomarket, Pichelsdorfer Straße 72, 13595 Berlin, contact@afrikbiomarket.com, represented by Mr / Mrs. XX  (hereinafter « Seller » or „we“)  and you as our customer (hereinafter “Customer” or “you”). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time of conclusion of the contract shall apply.

(2) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

• 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) You can select products from our range and collect them in a so-called shopping basket via the button « add to shopping basket ». By clicking on the button « order with obligation to pay » you submit a binding application to purchase the goods in the shopping cart. Before submitting the order, you can change and view the data at any time. However, the application can only be submitted and transmitted if you have accepted these contractual terms and conditions by clicking on the « Accept GTC » button and have thereby included them in your application.

(3)  The contract is only concluded when we issue a declaration of acceptance, which is sent in a separate e-mail (order confirmation).

(4) We can only consider orders for deliveries abroad with a minimum order value. You can find the minimum order value in the price information provided in our online shop.

• 3 Terms of delivery

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 3 days.

(3) If the product selected by you is not available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently not available, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

(5) The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

• 4 Prices and shipping costs

(1) All price quotations in our online shop are gross prices including the statutory value added tax and do not include shipping costs.

(2) The shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.

(3) If we fulfil your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration, you can demand the reimbursement of costs already paid for shipping to you (delivery costs) under the statutory conditions.

(5) The goods will be dispatched by post. If you are a consumer, we bear the shipping risk.

(6) In the event of a revocation of the purchase, you shall bear the direct costs of the return shipment.

• 5 Terms of payment

(1) You can pay in our online shop by invoice, immediate transfer or PayPal.

(2) You can change the payment method saved in your user account at any time.

(3) If you select the payment method by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you shall already be in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at the statutory rate. This amounts to 5 percentage points above the current base interest rate for consumers and 9 percentage points for entrenpreneurs.

(5) The obligation to pay interest on arrears does not preclude us from claiming further damages caused by default.

• 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

• 7 Warranty

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period on goods delivered by us is 12 months.

(2) Any seller’s warranties given by us for specific items or manufacturer’s warranties granted by the manufacturers of specific items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.

• 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

• 9 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our data protection declaration under: XX 

• 10 Statutory right of withdrawal for consumers

Cancellation policy

Right of withdrawal:

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal 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 goods.

In order to exercise your right of withdrawal, you must inform us, Afrikbiomarket, Pichelsdorfer Straße 72, 13595 Berlin, telephone: 0049015222366532, e-mail-address: XXX , of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.afrikbiomarket.com. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
• Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
• Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
• Contracts for the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence.
• Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
• Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
• Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

Sample cancellation form:

(If you wish to revoke the contract, please complete and return this form).

To Afrikbiomarket, Pichelsdorfer Straße 72, 13595 Berlin, telephone: 0049015222366532, e-mail-address: XXX :

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 notification on paper)
• – Date

(*) Delete as applicable.

• 11 European Dispute Resolution for Consumers

(1) We refer to the online dispute resolution for consumers pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

• 12 Applicable law and place of jurisdiction

(1) 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. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.

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