General Terms and Conditions of Business
1. Scope of application
1.1These General Terms and Conditions (hereinafter "GTC") of Every. GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2 Conclusion of contract
2.1The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but are used for the submission of a binding offer by the Customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also make the offer to the seller by telephone.
2.3The Seller may accept the Customer's offer within five 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, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.
2.4When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
2.5Before submitting a binding 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, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address he/she provides for order processing is correct, so that 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 by third parties commissioned by the seller to process the order can be delivered.
3 Right of revocation
3.1Consumers are generally entitled to a right of revocation.
3.2More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4 Prices and terms of payment
4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort/ .
5 Delivery and shipping conditions
5.1Orders and deliveries are only possible within Germany. We deliver only in the dispatch way express by a parcel service provider. The dispatch to packing stations or a self collection of the commodity is not possible. The delivery of goods is made by shipping to the delivery address specified by the customer. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
5.2Delivery shall be made by means of transport packaging suitable for frozen goods and a dry ice supplement within 1-3 working days.
5.3 The goods shall be delivered to the delivery address specified by the Purchaser. The customer must ensure that the delivery address given by him is correct and complete and can also be delivered to office addresses without further ado. The delivery on the day of delivery takes place between 8 am - 6 pm. It is an integral part of the contract that the purchaser ensures that the goods are ready for acceptance on this day in person or through persons of legal age commissioned by the purchaser. If, in the case of deliveries, acceptance is unjustifiably refused, a wrong delivery address is given or the goods are not accepted or delivered for other reasons for which the customer is responsible, even though the order was properly processed by us, the customer shall be obliged to bear all costs incurred.
5.4 If the customer is an entrepreneur, the delivery is made at the customer's risk. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over. The handover is the same if the customer is in default of acceptance.
5.5 The goods must be inspected for completeness and transport damage immediately upon receipt by the customer or his representative. We must be notified immediately of any transport damage found. The customer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods.
5.6 The safety instructions for handling dry ice enclosed with the shipment must be observed.
6 Retention of title
If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
7 Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8 Applicable law
8.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
10 Alternative dispute resolution
10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.