Conditions générales de vente
§ 1. Subject matter of the contract; scope of application
Simpert Reiter GmbH (for operator data, please refer to the legal notice) is the operator of the online shop www.simpert-reiter.de and www.travellunch.de (hereinafter referred to as the operator or shop) and offers businesses and customers (consumers) the possibility of purchasing dehydrated foods, in particular special foods for the outdoor sector, as well as other outdoor products.
These general terms and conditions of the shop Simpert Reiter GmbH (shop terms and conditions) apply to all customers upon their first access to the contents, internet services and goods provided in the shop. These GTC of the shop are supplemented by the customer information below and the data protection notice in its current version that can be found on the shops’ websites.
We hereby object to any counter-confirmations by customers referring to their own terms and conditions of use, business and/or purchase. Individual agreements remain unaffected by this.
The customers are entitled to purchase the goods offered in the shop according to the following provisions.
§ 2 Conditions of use; conclusion of contracts for the purchase of goods
The customer can order goods at www.simpert-reiter.de and www.travellunch.de insofar as he or she acknowledges the validity of these GTC by mouse click. When placing an order, the customer must provide information about his status as a business or customer; all information must be truthful.
The goods displayed in the shop do not constitute a binding offer. Only the order of goods or services by the customer is a binding offer in the legal sense.
The customer has the possibility to select goods and services by mouse click and to put them into the shopping cart.
As long as the goods or services are in the shopping cart, the customer has the option to cancel the order process at any time. Only by sending the fully completed order form does the customer make a binding offer to purchase. During the ordering process, the customer will be informed of any right of revocation to which he or she may be entitled.
The operator stores and uses the information transmitted to him or her for the purpose of processing the requested purchase contract.
The operator confirms receipt of the order without delay (order confirmation). The confirmation will be sent to the e-mail address provided by the customer on the order form. This order confirmation does not yet represent an acceptance of the customer’s offer, but is only intended to inform the customer that his or her order has been received by the operator. The order confirmation also contains the customer information regarding distance selling, the revocation policy and the sample revocation form in text form. A purchase contract is only concluded when the goods are sent to the customer.
§ 3 Object and delivery of goods; delivery and completion time
Unless otherwise agreed upon, the delivery of goods is always performed from the operator’s warehouse to the delivery address specified by the customer by a parcel service or a forwarding agent commissioned by the operator. The operator is furthermore entitled to ship the goods to the customer from any other location.
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer, or a person authorised to receive the goods upon handover. For businesses, the risk of accidental loss and accidental deterioration of the goods shall pass to a suitable carrier (e.g. parcel service, freight forwarder) upon delivery of the goods.
§ 4 Prices; packaging and shipping costs; transport costs; return costs when exercising the right of revocation; billing data; reservation of title
The prices quoted include the statutory German sales tax. The prices also include all other price components, except for the additionally stated shipping costs.
The shipping costs can be viewed on our website under « Shipping ». The price at the time of the order applies. The operator is entitled to forward the master and billing data transmitted to him or her to third parties, insofar as this is necessary for collection.
The delivered goods remain the property of the operator until full payment has been made. The operator is particularly entitled to prohibit further use of the goods if the operator revokes the contract, e.g. due to the customer’s default in payment. Should a third party gain access to the goods subject to reservation of title prior to full payment of the goods subject to the reservation of title, the customer is obliged to inform this third party of the operator’s reservation of title and to notify the operator immediately in writing of the third party’s access.
§ 5 Right of revocation; customer information; information on electronic commerce
Customers shall have a right of revocation in accordance with the following provisions, whereby a customer shall be any natural person who concludes a legal transaction for purposes that are not predominantly attributable to his or her commercial or self-employed professional activity:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the transport company, has taken possession of the final goods.
To exercise your right of revocation, you must contact us (Simpert Reiter GmbH, Weddigenstraße 2-6, 86179 Augsburg, Tel: (+49) 821 24075-0, Fax: (+49) 821 24075-10, E-mail: firstname.lastname@example.org by means of an explicit statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed sample revocation form for this purpose. Said form is, however, not mandatory.
To comply with the revocation period, you simply need to send the statement of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we will reimburse all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For said reimbursement, we will use the same means of payment you used for the original transaction, unless expressly agreed upon otherwise with you; In no case will you be charged any fees for the reimbursement.
We are entitled to withhold the reimbursement until we have received the goods back or until
you have provided proof that you have returned the goods, whichever occurs first.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to Simpert Reiter GmbH, Weddigenstraße 2-6, 86179 Augsburg, Germany.
The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only be liable for any loss in value of the goods if this loss in value is due to handling of the goods not required for checking the condition, properties and functioning of the goods.
Exclusion or anticipated expiry of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods that are not pre-manufactured or for goods whose manufacture is based on an individual selection or determination by the customer and/or that are clearly customised to the customer’s personal needs.
The right of revocation expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; or for the delivery of goods if they have been inseparably mixed with other goods due to their characteristics after delivery.
2. Extensive information regarding the possible uses and methods of use of the shop and the shopping offer is available to the customer on the shops’ websites.
In addition, reference is made to the customer information in electronic business transactions which can be accessed via the shops’ websites.
§ 6 Warranty for defects in quality and Legal defects towards customers
In the event of a defect, the statutory provisions of the BGB (German Civil Code) shall apply. The transfer of these claims by the customer is not permitted.
The limitation period is two (2) years and commences upon delivery of the goods or upon provision of the chargeable services by the operator.
§ 7 Warranty for defects in quality and Legal defects towards businesses
New goods are delivered without defects; the period for asserting claims for defects is one (1) year from delivery of the goods or provision of the chargeable services by the operator.
In all other respects, the relevant statutory provisions shall apply with regard to the warranty for material defects as well as legal defects.
§ 8 Liability, limitation of liability of the operator
The Operator is liable for intent and gross negligence without limitation. In the event of breaches of material contractual obligations caused by slight negligence on the part of the operator or its legal representatives or vicarious agents within the scope of this contract, the operator’s liability towards customers shall be limited to the foreseeable, direct average damage, typical of the contract.
If damage is attributable to both the fault of the operator and the fault of the customer, the customer must allow his contributory negligence to be taken into account. Paragraph 1 remains unaffected.
The aforementioned limitations of liability do not apply to claims by customers arising from product liability. Furthermore, the limitations of liability do not apply to injuries to life, body and health of customers attributable to the operator.
§ 9 Data protection
The Operator has taken extensive technical and organisational precautions to ensure that data is handled confidentially and exclusively for the intended purpose. However, the misuse by unlawful acts of third parties cannot be completely excluded.
The operator undertakes to use or forward the data stored during registration and use said data solely for its own purposes or for the purposes of initiating or processing contracts initiated or concluded via the shop and not to pass the data on to external third parties, unless there is an obligation to do so imposed by the authorities or the customer has given express consent for it. This regulation on the handling of data is specified and supplemented by the data protection notice.
The operator undertakes to oblige all employees who are entrusted with the administration and/or operation of the shop to strictly comply with data protection regulations.
§ 10 Copyright and property rights
All graphics, texts and programs of the shop are subject to copyright and may not be published, made accessible to others, or used or published in any other way, not even in part or in extracts.
The customer undertakes neither to remove nor to conceal the copyright notices or other references to such rights contained in the shop.
§ 11 General; Dispute settlement procedure
The law of the Federal Republic of Germany shall exclusively apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Augsburg in the Federal Republic of Germany, insofar as the customer is a business or a public corporation. The operator is also entitled to take legal action at the customer’s usual place of jurisdiction.
The operator expressly points out that it does not participate in the dispute resolution procedure for legal disputes with customers. If this were not the case, the customer dispute resolution body « Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. » (General Customer Arbitration Board of the Centre for Arbitration) would be responsible for legal disputes with customers. Said board has its registered offices at Strassburger Str. 8, 77694 Kehl; www.verbraucher-schlichter.de.
The European Commission also provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/customers/odr/. Customers have the possibility to use this platform for the settlement of their disputes arising from online contracts (goods or services). The operator’s e-mail address to be provided in this regard is: email@example.com.
In case of doubt, the German contractual text of these GTC and its components shall take precedence over translations in other languages.
The additional provisions of these shop terms and conditions can all be accessed on the shops’ websites.
The invalidity of one or more provisions of this contract shall not affect the validity of the other provisions of this contract. The parties shall endeavour to jointly find a valid provision for an invalid provision which most closely approximates the economic purpose of the invalid provision.
Simpert Reiter GmbH
Version: April 2023