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Business Terms
Terms and Conditions (business terms) for L-carb-shop.com
L-carb-shop sells its products via a number of different platforms dependent on the language preferences of its customers. It should be noted that goods bought via l-carb-shop.com shall be subject to German Law and Jurisdiction in line with our terms and conditions, a translation of which are provided below. In case of discprencies between the translation provided and the original German, the original shall prevail.
§ 1 General
(1) These terms and conditions apply to all finalised contracts between the consumer and the seller.
(2) For the purpose of these terms and conditions, the term consumer can refer to either individual users or businesses.
(2.1) A user is any natural person with whom business relations are entered and which is for a purpose which can not be attributed to either his commercial or self-employed occupation.
(2.2) The company is any natural or legal person or legal entity with which a business relationship occurs and which is engaged in a commercial or independent professional activity.
(3) The language of the contract is German.
(4) The goods will be dispatched by:
l-carb shop UG (haftungsbeschränkt)
Managing Director: Daniel Schaaf
Kirchgasse 36, D-63065 Offenbach
E-Mail: info@l-carb-shop.de
Commercial Register Offenbach: HRB 46789
StNr: 044 238 10969, UStID: DE287163673
(5) l-Carb-Shop UG ((haftungsbeschränkt) will be the contracting party.
(6) Our products are only available to those of legal age.
(7) Our rights remain reserved in relation to errors in product description and pricing.
§ 2 Finalisation of contracts
(1) Orders made on the l-carb-shop.com online shop represent a binding offer by the consumer. L-Carb-Shop UG can accept these through sending of an order confirmation or dispatch of the goods.
(2) The prices indicated in the price list are gross and provided in Euros. This means that the prices are inclusive of VAT. Prices are not guaranteed and are only valid until a new price list is published.
(3) The prices are include post and packaging, unless another agreement has been reached. VAT will be shown seperately.
(4) Ordering constitutes acceptance of these Terms and Conditions. Orders can be sent via the online shopping basket system.
(5) The ordering process in our shop
When you have found the products you are looking for you can add the desired quantity to your virtual shopping basket, this does not constitute a legally binding order. You can view the products in your shopping basket by clicking on the „My Shopping Basket“ icon. You can remove items from the basket at any point by clicking the „remove“ icon. When you wish to order the products in your virtual basket, simply click the „to checkout“ button. You will be given the choice to register, but this is not required. On the next page you are required to give a billing address. The required fields are denoted with an asterisk (*). After providing a billing address, you may enter a seperate shipping address. After clicking next, you will be given the option of selecting a payment method and will required to read and accept the terms and conditions and your withdrawal rights. You will be able to review the information you have provided and change as required. Upon clicking the „Buy Now“ button, you will coplete this sprqocess. A detailed explanation of the ordering process can be found http://www.l-carb-shop.de/index.php/bestellung/
§ 3 Retention of contract data
(1) The contractual text will be saved and accessible on the website. Via the print function on the browser, the applicable website can be printed. However, consumers will also be sent a text copy of the applicable contract.
§ 4 Revocation rights explanation
Revocation rights
You have the right to withdraw from this contract, without providing a reason, within 14 (fourteen) days. This time period expires fourtneen days after you or a by you authorised third party, takes possession of the goods. The timely dispatch of the withdrawal notice or the godods is sufficient to excercise your rights.
In order to withdraw, you must send, via post or email, a written explanation about your decision to rescind the contract to the address provided below. You must notify of your intent to rescind before expiry of the aforementioned period.
l-Carb-Shop UG (haftungsbeschränkt)
Geschäftsführer Daniel Schaaf
Kirchgasse 36
D-63065 Offenbach
Tel.: 0800 522 72 74
E-Mail: info@l-carb-shop.de
Consequences of cancellation
If you revoke this agreement, we will refund you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse repayment until the goods have been returned or until you have provided proof of return, whichever is earlier. You must return the goods to us immediately or, in any case, no later than fourteen days from the date on which you inform us of the revocation of this contract. Goods must be returned within 14 days, if the goods are not returned within this period, you will need to bear the immediate cost of returning the goods and may be liable for any loss in value of the goods if attributable to the handling of the goods, which is not necessary for checking the quality of the goods.
Contracts to which Revocation rights do not apply
The right of Revocation does not apply to the following contracts:
- for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer,
- for the supply of goods which are likely to deteriorate rapidly or whose expiry date would be quickly exceeded,
- for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery - for the supply of goods, which, after being delivered, are inseparably mixed with other goods because of their nature.
In order to excercise you cancellation rights, we have provided the following template:
Revocation template
(If you wish to rescind the contract, thens please complete and send the following template back to us.)
To:
l-Carb-Shop UG (haftungsbeschränkt),
Kirchgasse 36,
D-63065 Offenbach,
E-Mail: info@l-carb-shop.de
I/we (*) herewith withdraw from the finalised contract for the purchase of the following good/provision of serivces (*):
…………………………………………………………………………………………………..
Ordered on (*)/received on (*)
………………………………………………………………………………………………….
- Customer(s) name
…………………………………………………………………………………………………
- Customer(s) address
…………………………………………………………………………………………………
- Customer(s) signature (only if sent by post)
…………………………………………………………………………………………………
-Date
…………………………………………………………………………………………………
___________________________
(*) Delete as appropriate
§ 5 Agreed return costs when cancellation rights have been invoked
(1) The customer is required to bare the costs of returning the goods himself.
§ 6 Prices/Delivery Terms/Payment
(1) All prices are given in Euros (EUR) and include VAT.
(2) Delivery will follow as set out in the payment and delivery terms. In the case of advance funds, the consumer is to transfer the invoice amount, as sent to him via email or provided over the phone, to the following account:
Fidor Bank BLZ 700 222 00
Receiver: l-carb-shop UG
IBAN: DE43700222000020237355
BIC/SWIFT-Code: FDDODEMMXXX
(3) The costs for post and packaging can be found under the „Post and payment information“ clause.
(4) Unless explicitly advised otherwise, delivery times within Germany shall take 2 to 7 working days following receipt of payment.
§ 7 Warranties and liabilities
(1) l-Carb-Shop UG (limited liability) shall be liable only in accordance with statutory provisions.
(2) Consumers have to notify of defects of the goods without delay, but at the latest within 14 days. The period begins with receipt of the goods. The punctual sending of the defect notification is sufficient to meet time bar. If a defect is not notified in accordance with this obligation, the goods will be deemed accepted.
§ 8 Retention of title
(1) l-Carb-Shop UG will retain the title in the goods until full payment has been received.
(2) For as long as title has not passed, the buyer is required to ensure that the goods are properly maintained and handled. This includes ensuring that they are correctly stored and that no damage is sustained by the goods or their packaging (including wet damage or temperature damage).
§ 9 Transfer of Risk
(1) The following applies to consumers: Once the purchased goods have been received, the risk for accidental loss and deterioration of the goods passes to the consumer. This also applies to mail order purchases.
(2) The following applies to companies: If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold will be transferred to the customer at the time of the delivery, with the delivery of the goods to the forwarder, the freight carrier or other designated person.
(3) If the customer does not accept the goods, although it is offered to him by the seller in accordance with the contract, he is in default of acceptance. This is equal to surrender.
§ 10 Damage during shipping
(1) We recommend that the packaging and/or goods be checked immediately upon receipt for damage incurred during shipment. In the event of defective goods or damage to the goods, the company should be informed as soon as possible.
(2) Damage to the packaging should be confirmed by the transporter in writing. In this case, we recommend that you retain the packaging for proof of damage.
(3) The regulation of the damage is carried out by l-Carb-Shop UG in agreement with the customer.
(4) If the customer does not comply with the aforementioned regulations in section (1) and (2), this has no effect on the rights to which he is legally entitled.
§ 11 Data Protection
The protection of our customers private data is of the utmost importance tos us. We adher to data protection legislation. l-Carb-Shop UG does not sell on private data nor does it share this information with third parties.
If we are required by law to share this data, the minimum information shared will be kept to a minimum. Through use of our services, consumers agree to allow us to share the data they provide in these restricted circumstances.
§ 12 Applicable Law and Jurisdiction
(1) The governing law of this contract shall be that of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice shall apply only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) shall not apply.
(3) If the customer is an company and if he does not have a general court of jurisdiction in Germany, or if the domicile or habitual residence is not known at the time of bringing the action, exclusive jurisdiction for all disputes arising from this