General terms and conditions

Terms & Conditions –

1. scope

For all orders via our online store by consumers and entrepreneurs, the following GTC apply.

For Germany, the following applies: Consumers are acc. § 13 BGB any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.

The following applies: In the following conditions, “consumer” means the “consumer” within the meaning of the Consumer Protection Act (KSchG).

The following applies to Switzerland: In the following conditions, “consumer” means the “consumer” under Swiss law.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, correction options

The purchase contract is concluded with Neue Lebensqualität Lager DE – torben Beuthien.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

We accept your offer within two days by:

  • we submit a declaration of acceptance in a separate e-mail or
  • if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).

The relevant alternative depends on which of the enumerated events occurs first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, Spanish

We save the text of the contract and send you the order data and our GTC in text form. The contract text is no longer accessible via the Internet for security reasons.

4. Subject matter of the contract

4.1 Product Description

Reference is made to the validity of the respective product description as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

5. Requirements and Handling of Customer Content

5.1 Requirements

If it is necessary for the fulfilment of the order that you transmit content (e.g. texts, data, files) to us, the technical possibilities available for this as well as the requirements that may apply are based on the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any content-related or editorial checks before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always be in accordance with the applicable legal provisions. In particular, they must not violate any rights and claims of third parties (in particular copyright, trademark or other property rights) and must not contain or serve any purpose that glorifies violence, discriminates, is racist, xenophobic or other immoral or anti-constitutional.

5.3 Indemnification

They indemnify us against claims by third parties that they may assert in connection with an infringement of their rights by our use in accordance with the contract. They also assume the necessary costs of legal defense, including all court and lawyer costs at the statutory rate. The indemnification does not apply to the extent that you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us with all information necessary for the examination of the claims and a defense immediately, truthfully and completely.

5.4 Reservation of withdrawal

We reserve the right to reject the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or morality or if there is a reasonable suspicion in this regard. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence.

6. Terms of delivery

Delivery options

Delivery options

We ship the products to the delivery address specified in the order process.

In principle, you have the option of pick-up at Neue Qualität Lager DE, Hauptstr. 1, Badendorf, Germany during the following business hours: by appointment

7. Payment

7.1 Prices

The prices quoted at the time of the order apply. These are total prices and include VAT.

7.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date results from the following terms of payment.

For customers based in Germany and Austria:

  • To consumers: In the event of a delay in payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and each subsequent reminder. They reserve the right to prove the occurrence of lesser damage. Further claims remain unaffected by this.
  • To entrepreneurs: In the event of a delay in payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate as well as a lump sum of 40 euros. Further claims remain unaffected by this.

For customers based in Switzerland:

  • To consumers: In the event of a delay in payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. They reserve the right to prove the occurrence of lesser damage. Further claims remain unaffected by this.
  • To entrepreneurs: In the event of late payment, we reserve the right to charge you interest on arrears at a rate of nine percentage points above the ECB’s base interest rate and a lump sum of CHF 40. Further claims remain unaffected by this.

7.3 Payment methods

In our shop, the following payment methods are available.

Advance payment
If you select the payment method in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.

PayPal can offer registered PayPal customers selected according to their own criteria further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods concern your legal relationship with PayPal. For more information, see your PayPal account.

Cash payment by letter
You send the amount of the order by cash by letter to the address: Neue Qualität Lager DE Hauptstr. 1 23619 Badendorf Germany As soon as the money is received, the order will be processed. You will receive the change in the package.

8. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

9. Retention of title

The product remains our property until full payment has been made.

For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

For entrepreneurs, the following also applies: We reserve ownership of the product until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in ordinary business operations; all receivables arising from this resale – regardless of a connection or mixing of the reserved goods with a new thing – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to recover the claims, but we may also recover claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding receivables by more than 10%.

10. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the thing to the forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment.

11. Warranty and Guarantees

11.1 Liability for defects

The following applies to consumers based in Germany and Austria:
The statutory law on liability for defects applies.

The following applies to consumers based in Switzerland:
As soon as it is practicable according to the usual course of business, they are to check the condition of the goods received and, if defects arise for which the seller has to provide a guarantee, they should notify him immediately. If the consumer fails to do so, the purchased item shall be deemed to have been approved, unless there are defects that were not recognizable during the inspection carried out in accordance with the practice. If such defects occur later, the notification must be made immediately after discovery, otherwise the item shall also be deemed to have been approved in view of these defects.

Return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying defects. This is done at our discretion either by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded.

The following applies to entrepreneurs and among merchants:
Unless expressly agreed otherwise, the statutory law on liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions on entrepreneurs

To entrepreneurs, the agreement on the nature of the goods is only our own information and the product descriptions of the manufacturer, which have been included in the contract; for public statements of the manufacturer or other advertising statements we assume no liability. For entrepreneurs, the limitation period for claims for defects in newly manufactured things is one year from the transfer of risk. The previous sentence does not apply to an object which has been used for a building in accordance with its usual use and which has caused its defectiveness. The sale of used goods is subject to exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Notice to merchants

Among merchants, the obligation to investigate and complain regulated in § 377 HGB applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the investigation. This does not apply if we have fraudulently concealed a defect.

11.2 Warranties and after-sales service

Information on any applicable additional guarantees and their exact conditions can be found in each case at the product and on special information pages in the online shop.

12. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health,
  • in the case of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, if agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract is governed by the statutory provisions.

Terms and conditions created with the Trusted Shops legal texter

This post is also available in: Deutsch (German) English Español (Spanish)