Scope of Application
1. These General Terms and Conditions (hereinafter "GTC") of Farm’s Meat GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
2. These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.
3. For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed professional in nature.
4. For the purposes of these GTC, an entrepreneur 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 independent professional activity.
Conclusion of Contract
1. The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2. The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after the Customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer by e-mail, by the online contact form or by telephone to the Seller.
3. The 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 (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby delivery of the goods to the Customer is decisive in this respect, or
• by requesting the Customer to make payment after the Customer has submitted his order.
If several of the aforementioned alternatives occur, the contract is concluded at the time at which one of the aforesaid alternatives occurs first. The period for the acceptance of the offer begins to run on the day following the dispatch of the offer by the Customer and ends at the expiry of the fifth day following the dispatch 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.
4. If a payment method offered by PayPal is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by a PayPal payment method selectable during the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the ordering process.
5. When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. No further provision of the contract text by the Seller takes place. If the Customer has created a user account in the Seller's online shop prior to sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer via his password-protected user account free of charge upon entry of the respective login data.
6. Before the binding submission of the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors may be the zoom function of the browser, which enlarges the display on the screen. Within the scope of the electronic ordering process, the Customer may correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
7. The German language is available for the conclusion of the contract.
8. Order processing and contact are usually carried out by means of e-mail and automated order processing. The Customer must ensure that the e-mail address he provides for order processing is correct so that the e-mails sent by the Seller can be received at that 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 with the order processing can be delivered.
Right of Withdrawal
1. Consumers generally have a right of withdrawal.
2. Further information on the right of withdrawal can be found in the Seller's right of withdrawal instructions.
Prices and Payment Conditions
1. Unless otherwise stated in the Seller's product description, the prices indicated are total prices which include statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
2. The payment method(s) will be communicated to the Customer in the Seller's online shop.
3. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4. If the payment method "Sofortüberweisung" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled to participate in "Sofortüberweisung", must identify himself appropriately during the payment process and confirm the payment instruction. The payment transaction is then executed immediately by Klarna and the Customer's bank account is debited. Further information on the payment method "Sofortüberweisung" can be obtained by the Customer on the internet at https://www.klarna.com/sofort/.
Delivery and Shipping Conditions
1. If the Seller offers shipment of the goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address stated in the Seller's order processing is decisive. Deviating from this, if PayPal is chosen as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
2. If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation in the Seller's right of withdrawal instructions shall apply in the event of effective exercise of the right of withdrawal by the Customer.
3. If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise charged with the execution of the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle pass to the Customer only upon handover of the goods to the Customer or to a person authorized to receive them. Deviating therefrom, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise charged with the execution of the shipment, if the Customer has commissioned the carrier, the freight forwarder or the person or institution otherwise charged with the execution of the shipment with the execution of the shipment and the Seller has not previously named this person or institution to the Customer.
4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and the counter-performance will be refunded without delay.
5. If the Seller offers the goods for collection, the Customer may collect the ordered goods within the Seller's specified business hours at the address specified by the Seller. In this case no shipping costs will be charged.
6. Vouchers are made available to the Customer as follows:
• by e-mail
• by post
Retention of Title
If the Seller performs in advance, the Seller reserves ownership of the delivered goods until full payment of the purchase price owed.
Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, in contracts for the delivery of goods the following shall apply:
1. If the Customer acts as an entrepreneur,
• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for claims for defects is one year from delivery of the goods;
• claims for defects are excluded for used goods;
• the limitation period does not start again if a replacement delivery is made in the context of liability for defects.
2. The above limitations of liability and reductions of time limits do not apply
• to claims for damages and reimbursement of expenses of the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods which have been used in accordance with their usual application for a building and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
3. Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected.
4. If the Customer is a merchant within the meaning of § 1 HGB, he shall be subject to the commercial duty of examination and notification pursuant to § 377 HGB. If the Customer omits the notification obligations regulated therein, the goods shall be deemed approved.
5. If the Customer is a consumer, he is requested to complain to the carrier about obvious transport damages to delivered goods and to notify the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
1. The Seller shall be liable without limitation on any legal ground
• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else has been agreed in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.
2. If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies.
3. Otherwise, the Seller's liability is excluded.
4. The foregoing liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
Redemption of Promotional Vouchers
1. Vouchers which are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") may only be redeemed in the Seller's online shop and only within the specified period.
2. Promotional Vouchers may only be redeemed by consumers.
3. Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
4. Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
5. Only one Promotional Voucher can be redeemed per order.
6. The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
7. If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
8. The balance of a Promotional Voucher is neither paid out in cash nor subject to interest.
9. The Promotional Voucher is not refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of his statutory right of withdrawal.
10. The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
Redemption of Gift Vouchers
1. Vouchers which can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") may be redeemed only in the Seller's online shop, unless otherwise provided on the voucher.
2. Gift Vouchers and remaining credits from Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credits will be credited to the Customer until the expiry date.
3. Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
4. Several Gift Vouchers may also be redeemed in a single order.
5. Gift Vouchers may only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
6. If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
7. The balance of a Gift Voucher is neither paid out in cash nor subject to interest.
8. The Gift Voucher is transferable. The Seller may effect performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge of, or grossly negligent ignorance of, the lack of entitlement, incapacity to contract or lack of authority of representation of the respective holder.
Applicable Law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by the mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or public-law special fund with registered office within 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 place of business. If the Customer has his registered office 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 the Seller is, however, in any case entitled to bring an action before the court at the Customer's place of business.
Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.