GENERAL TERMS AND CONDITIONS (GTC)

§ 1 Scope of application

1.1 For all present and future deliveries, services and offers between the company Human Connection gemeinnützige GmbH, Bahnhofstr. 11, 73235 Weilheim / Teck (hereinafter also referred to as Seller) and its contractual partners (hereinafter also referred to as Buyer) the following General Terms and Conditions of Business (hereinafter also referred to as GTC) shall apply exclusively. These General Terms and Conditions can also be viewed on the Seller’s website (https://human-connection.org/uhr-des-wandels/partner-werden/).

1.2 The General Terms and Conditions of the Buyer or third parties shall not apply.

1.3 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

1.4 The subject matter of the contract may – depending on the Seller’s product description – be both in respect of goods by way of a one-off delivery and in respect of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed service for the duration of the agreed contract period at the contractually owed time intervals.

§ 2 Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button concluding the ordering process.

2.3 The Seller may accept the Customer’s offer within 14 days,

• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods is decisive, or
• by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiration of the 14 day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 Deviations which are customary in the trade and deviations which are due to legal regulations or which represent technical improvements, as well as the replacement of components by equivalent parts, are permissible, provided they do not impair the usability for the contractually intended purpose.

2.5 If a payment method offered by PayPal is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie., S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPals”), subject to the PayPal Terms of Use, which can be viewed at
https://www.paypalcom/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypalcom/de/webapps/mpp/ua/privacywax-full.
If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer’s offer at the moment the customer clicks on the button concluding the order process.

2.6 If an offer is submitted via the Seller’s online order form, the text of the contract will be saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e-mail) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the corresponding login data.

2.7 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

§ 3 Right of revocation (reservation of revocation)

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of revocation is contained in the Seller’s instructions on revocation (reservation of revocation).

§ 4 Prices, due date

4.1 Unless otherwise stated in the Seller’s product description, the prices are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

4.2 The customer will be informed of the payment option/s in the Seller’s online store.

4.3 If advance payment by bank transfer has been agreed upon, payment shall be due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.

§ 5 Set-off, Right of Retention

5.1 Offsetting against counterclaims of the Buyer or retention of payments due to such claims shall only be permissible if the counterclaims are undisputed or have been established as final and absolute.

§ 6 Duration and termination of contract for subscription contracts

6.1 Subscription contracts are concluded for at least 12 months. Thereafter, the period of notice shall be 3 months.

6.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.

6.3 Notices of termination must be given in writing or in text form (e.g. by e-mail).

§ 7 Delivery, delivery time

7.1 Deliveries are currently only made within Germany

7.2 If shipment of the goods has been agreed with an entrepreneur, delivery periods and delivery dates shall refer to the time of handing over the goods to the forwarding agent, carrier or other third party commissioned with the transport.

7.3 If the Seller fails to meet an agreed delivery date, the Seller is obliged to inform the Buyer of this immediately and in writing. In this case, the Buyer shall grant the Seller a reasonable period of grace in writing.

§ 8 Place of performance, bearing of risk, storage costs, dispatch

8.1 The place of performance for all obligations arising from the contractual relationship is, as far as legally permissible, Weilheim / Teck.

8.2 The mode of dispatch and the type of packaging are subject to the dutiful discretion of the seller.

8.3 If dispatch or handover is delayed as a result of a circumstance the cause of which lies with the Buyer, the risk shall pass to the Buyer from the day on which the Seller is ready for dispatch.

8.4 Storage costs after the transfer of risk shall be borne by the Buyer. In the event of storage by the Seller, the storage costs shall amount to 0.25% of the invoice amount of the goods to be stored per week elapsed. We reserve the right to assert and prove higher or lower storage costs.

§ 9 Impossibility, withdrawal

9.1 Both the Seller and the Buyer may withdraw from the contract by written declaration to the contracting party if performance of the service owed by the Seller becomes impossible before the transfer of risk. In this case, the Seller shall inform the Buyer thereof immediately and in writing.

9.2 The Seller shall be entitled to withdraw from the contract if

1. insolvency proceedings have been filed against the buyer’s assets or are rejected due to lack of assets;
2. the Buyer is in arrears with due payments to the Seller for more than 5 working days despite written reminders;
3. after conclusion of the contract, the Seller becomes aware of circumstances which are likely to substantially reduce the creditworthiness of the Buyer or which could endanger the payment of the Seller’s outstanding claims.

§ 10 Warranty

10.1 Obvious defects must be reported by the Buyer to the Seller in writing within 14 days of receipt of the goods at the latest.

10.2 The warranty period for new movable goods is two years for consumers and one year for entrepreneurs from receipt of the goods.

10.3 In the case of the delivery of used movable goods to an entrepreneur, this shall take place to the exclusion of any warranty.

10.4 If there is a defect in the delivered goods, the seller shall be entitled to repair the defect at least twice or to deliver new goods within a reasonable period of time. The right of the Buyer to claim a reduction of the purchase price shall remain unaffected.

§ 11 Liability for damages

The following regulations apply to the liability of the seller including his legal representatives, his employees and vicarious agents:

11.1 The Seller shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty as well as for damage covered by liability under the Product Liability Act. Furthermore, for all damages based on intentional or grossly negligent breach of contract and fraudulent intent.

11.2 The Seller shall also be liable for damages caused by simple negligence, insofar as such negligence concerns the violation of such regulations, compliance with which is of particular importance for the achievement of the purpose of the contract. However, he shall only be liable to the extent that the damages are typically associated with the contract and are foreseeable. This liability for damages due to simple negligence is limited to damages which the Seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which the Seller should have foreseen when applying due care and attention. Indirect damage and consequential damage resulting from defects in the goods shall only be eligible for compensation if such damage is typically to be expected when the goods are used for their intended purpose. The Seller shall not be liable for simple negligent breaches of secondary obligations not essential to the contract. In the event of liability for simple negligence, the Seller’s obligation to pay compensation for damage to property or personal injury is limited to an amount of € 1.0 million per case of damage, even if it is a violation of essential contractual obligations. Any further liability is excluded regardless of the legal nature of the claim asserted.

§ 12 Retention of title, processing, mixing

12.1 Until the purchase price and all other payment obligations of the Buyer towards the Seller from due invoices of the Seller have been paid in full, the Seller reserves the right of ownership of the goods sold.

12.2 As long as the ownership has not yet been transferred to the Buyer, the Buyer undertakes to notify the Seller immediately in writing if the delivered goods are seized or exposed to other interventions of third parties. If the Buyer behaves in breach of contract, in particular if the Buyer fails to meet his payment obligations despite a reminder from the Seller, the Seller may, after setting a reasonable deadline, withdraw from the contract and demand the return of the object of the contract which is still in his possession. lf the Seller takes back the object of the contract, this shall constitute a withdrawal from the contract. The transport costs incurred in this connection shall be borne by the Buyer. The attachment of the subject matter of the contract by the Seller shall always constitute a withdrawal from the contract. The seller is authorized to use the object of the contract after receipt of the object of the contract. The proceeds of the sale shall be credited against the liabilities of the Buyer – less reasonable costs of sale.

12.3 The treatment, processing or transformation of the object of sale shall be carried out in the name and on behalf of the Seller until the complete transfer of ownership to the Buyer. In this case, the Buyer’s expectant right to the object of purchase shall continue to apply to the transformed object. If the purchased item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the objective value of his purchased item to the other processed items at the time of processing. If the mixing was carried out in such a way that the Buyer’s item is to be regarded as the main item, it is deemed to be agreed that the Buyer transfers proportional co-ownership to the Seller and keeps the sole ownership or co-ownership thus created for the Seller.

12.4 If the Seller is an entrepreneur, he shall be entitled to resell the object of purchase in the normal course of business even before full payment has been made. The entrepreneur hereby assigns to the Seller the claims of the Buyer against his customer arising from the resale of the reserved goods in the amount of the selling price agreed with the Seller (including value added tax). The seller accepts the assignment. The assignment shall apply regardless of whether the purchased item has been resold without or after processing.

§ 13 Data protection

13.1 The Buyer is hereby informed in accordance with the DSGVO that the Seller will store his full address, all information necessary for invoicing and his business in machine-readable form and process it by machine. The data will not be passed on to third parties without the Buyer’s express consent. For questions regarding the collection, processing or use of personal data, for information and correction, blocking or deletion of data, the buyer will receive information through:

Company
Human Connection non-profit GmbH
Bahnhofstr. 11
73235 Weilheim / Teck
[email protected]

§ 14 Applicable law

14.1 To the extent permitted by law, all contractual agreements between Seller and Buyer shall be governed exclusively by the law of the Federal Republic of Germany. To the extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

§ 15 Place of jurisdiction

15.1 To the extent permitted by law, the courts with jurisdiction for Weilheim / Teck are agreed upon as the place of jurisdiction for all disputes arising from and in connection with all contractual agreements between the buyer and the seller.

§ 16 Alternative Dispute Resolution

16.1 The Seller is neither obliged nor willing to participate in any dispute settlement proceedings before a consumer arbitration board.

§ Section 17 Severability Clause

17.1 Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the agreement of these General Terms and Conditions shall not be affected thereby. The invalid provisions shall be replaced by the statutory provisions under the law of the Federal Republic of Germany. The same applies to a regulatory gap.

Status: 14.10.2020