General terms and conditions

§ 1 Validity, definitions of terms

(1) veganandsmart UG (haftungsbeschränkt) Florian Hilzendeger, Deuringer Straße 5a, 86391 Stadtbergen, Germany (in the following: “we” or “vegan & smart”) operates an online store for goods under the website https://veganandsmart.de. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “You”) in the version valid at the time of the order, unless otherwise expressly agreed. (2) “Consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://veganandsmart.de. (2) Our product presentations on the Internet are not binding and are not a binding offer to conclude a contract. (3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online store. The order is made in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar)
3. Check the information in the shopping cart,
4. Calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
5. Input/check of address and contact data, selection of payment method, confirmation of the general terms and conditions and cancellation policy,
6. Completion of the order by pressing the button “Buy now”. This represents your binding order.
7. The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.

(4) In the case of the conclusion of a contract the contract with veganandsmart UG (haftungsbeschränkt) Florian Hilzendeger, Deuringer Straße 5a, 86391 Stadtbergen, Germany comes off. (5) Before ordering, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not store the text of the contract after conclusion of the contract. (6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process. (7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have registered with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential characteristics of the products

(1) With our online store is subject matter of the contract:

1. The sale of goods. You can see the concrete offered goods on our article pages.

(2) The essential characteristics of the goods can be found in the article description. (3) The sale of digital products shall be subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under an appropriately designated button in the online store or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately. (3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown to be free of shipping costs. The shipping costs will be clearly indicated again on the offers, if necessary in the shopping cart system and on the order overview. (4) All offered products are, unless clearly stated otherwise in the product description, immediately ready for shipment (delivery time: 3-4 working days after receipt of payment). (5) The following delivery area restrictions apply: Delivery will be made to the following countries: Afghanistan, Åland, Albania, Algeria, American Samoa, American Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Equatorial Guinea, Argentina, Armenia, Aruba, Azerbaijan, Ethiopia, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cayman Islands, Chile, China, Cook Islands, Costa Rica, CuraÇao, Denmark, Germany, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Côte d’Ivoire, Eritrea, Estonia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, Hong Kong, India, Indonesia, Iraq, Iran, Ireland, Iceland, Isle of Man, Israel, Italy, Jamaica, Japan, Yemen, Jersey, Jordan, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Qatar, Kenya, Kyrgyzstan, Kiribati, Cocos Islands, Colombia, Congo-Brazzaville, Congo-Kinshasa, Croatia, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Niue, North Korea, Northern Mariana Islands, Northern Macedonia, Norfolk Island, Norway, Oman, Austria, East Timor, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Réunion, Rwanda, Romania, Russia, São Tomé and Príncipe, Saint Barthélemy, Saint Martin (Dutch part), Saint-Pierre and Miquelon, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, St. Helena, St. Kitts and Miquelon, Zimbabwe. Helena, St. Kitts and Nevis, St. Lucia, St. Martin (French part), St. Vincent and the Grenadines, South Africa, Sudan, South Georgia / Sandwich Islands, South Korea, South Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Syria, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Chad, Czech Republic, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, Hungary, United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, United Kingdom, Vietnam, Wallis and Futuna, Christmas Island, Belarus, Western Sahara, Central African Republic, Cyprus.

§ 5 Right of Retention, Reservation of Title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price.

§ 6 Right of revocation

As a consumer you have a right of withdrawal. This depends on our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence. (2) We shall have unlimited liability for slight negligence in the event of injury to life, body or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial losses attributable to this shall be limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.

§ 8 Contract language

Only German is available as contract language.

§ 9 Warranty

(1) The warranty is based on the statutory provisions. (2) For entrepreneurs, the warranty period for delivered goods is 12 months. (3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this naturally has no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability). (2) The provisions of the UN Sales Convention shall expressly not apply. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office. (4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.