Terms and Conditions (GTC)
1. General
Your contractual partner is
SAVOUR GbR
Marie-Curie-Str. 35
63110 Rodgau
These terms and conditions are valid from August 20, 2019.
2. Validity of the General Terms and Conditions (GTC)
These terms and conditions apply to all products offered in this web shop. By placing an online order, the customer agrees to these terms and conditions and is bound by them. The version valid at the time the contract is concluded is decisive. Deviations, conflicting or supplementary terms and conditions will not become part of the contract, even if they are known, unless their validity is expressly agreed to by Oatsome GbR.
3. Responsibility, conclusion of contract and accounting
(1) The responsibility for articles, motifs and the design of the web shop lies with SAVOUR GbR.
(2) The offers in the web shop are a non-binding invitation to the customer to place an order or purchase. All offers are subject to change.
(3) By submitting the completed online order form, the customer makes a binding offer to conclude a purchase contract or work contract. The receipt of this order will be confirmed to the customer immediately, but the confirmation of receipt does not constitute a binding acceptance of the order. The contract is only concluded when the order is accepted, at the latest when the ordered product has been dispatched. SAVOUR GbR is entitled to refuse acceptance of the order due to a lack of availability of the ordered goods.
(4) When fulfilling the contract, SAVOUR GbR expressly reserves the right to deviate from the descriptions, representations and information in electronic documents, flyers, catalogs or other written documents with regard to color, dimensions, weight, design and other similar characteristics if these are considered reasonable for the customer. SAVOUR GbR understands reasonable to mean customary fluctuations due to technical production processes, such as: small air bubbles in the plastic (<3mm), small printing errors, deviations at the seam in the plastic (<5mm).
(5) The customer agrees that invoices may also be created and sent to him electronically. The customer agrees to be informed by email about offers from SAVOUR GbR.
4. Warranty
(1) Information, illustrations, drawings, technical data, weight, dimensions and performance descriptions contained in flyers, catalogues, circulars, advertisements or price lists are for information purposes only. Grillmaier, Max and Orhan, Nazmi GbR assumes no liability for the accuracy of these. The information contained in the order confirmation (shipping confirmation) is the only decisive factor with regard to the type and scope of the goods delivered.
(2) Any defects must be reported in writing within one week of receipt of the goods. If the entrepreneur fails to do so, he loses all claims. If the customer is a consumer, the statutory warranty obligations apply. The customer generally has the choice of whether the goods should be repaired or replaced. However, SAVOUR GbR is entitled to refuse the chosen remedy if it is impossible or would involve disproportionate expenditure for SAVOUR GbR compared to the other remedy. In the case of companies, SAVOUR GbR initially provides a warranty for defects in the goods at its own discretion, by repair or replacement. The entrepreneur bears full evidentiary weight for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint. Claims for direct compensation or consequential damages are excluded to the extent legally permissible.
(3) The warranty is provided in accordance with the statutory provisions. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in delivery), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Compensation for consequential damage (due to defects) as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
(4) SAVOUR GbR will bear the shipping costs incurred in the event of a return due to defects. However, the customer undertakes to avoid unnecessary costs by selecting the appropriate shipping method.
(5) SAVOUR GbR does not guarantee the constant and uninterrupted availability of the online offer.
5. Damages and product liability
(1) Apart from personal injury, SAVOUR GbR is only liable if gross negligence is proven. Claims for damages in cases of minor negligence are excluded.
(2) Any recourse claims made by contractual partners or third parties against SAVOUR GbR on the grounds of product liability within the meaning of the Product Liability Act (PHG) are excluded unless the party entitled to recourse proves that the defect was caused in the sphere of SAVOUR GbR and was at least due to gross negligence.
(3) SAVOUR GbR is only liable for its own content on the website. To the extent that Oatsome GmbH provides links to other websites, SAVOUR GbR is not responsible for the content contained therein.
6. Prohibition of assignment
Claims of a consumer against us may not be assigned without our express written consent.
7. Formal requirements
Declarations, notifications, etc. addressed to us - with the exception of notifications of defects - must be in writing to be legally effective, including the original signature or secure electronic signature, and must be sent to SAVOUR GbR, Marie-Curie-Str. 35, 63110 Rodgau. The contract, order and business language is German or English.
8. Choice of law, place of jurisdiction and place of performance
(1) This contract shall be governed by German law.
(2) For all legal actions brought against a consumer who has his or her domicile, habitual residence or place of employment in Germany, due to disputes arising from this contract, one of the courts in whose district the consumer has his or her domicile, habitual residence or place of employment shall have jurisdiction. For consumers who do not have a domicile in Germany at the time the contract is concluded, the statutory places of jurisdiction apply.
(3) The place of performance is the registered office of SAVOUR GbR at Marie-Curie-Str. 35, 63110 Rodgau.
9. Effectiveness
Should one of the provisions of these General Terms and Conditions be or become invalid or contradict statutory provisions, the validity of the remaining provisions shall remain unaffected. Both contracting parties shall replace the invalid provision with one that economically comes as close as possible to the meaning and purpose of the invalid provision. The same applies in the event of a contractual gap.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.