GTC
General Terms and Conditions
1. Scope
These General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
A business customer is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when entering into a legal transaction.
The following applies to business customers: Any conflicting or supplementary terms and conditions of the business customer are hereby rejected unless we have expressly agreed to their validity in writing.
2. Contractual Partner and Conclusion of Contract
The purchase contract is concluded with:
SodaBär EU e. K.
Grünstr. 12
79232 March
Germany
Mitte.co is a registered brand of SodaBär EU e. K.
By placing products in our online shop, we make a binding offer to conclude a contract for those products. You may initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided during the checkout process.
The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting your order, you will receive an order confirmation by email.
3. Contract Language and Storage of the Contract Text
The language available for the conclusion of the contract is German.
We store the contract text and send you the order details together with these General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet after completion of the order.
4. Delivery
In addition to the stated product prices, shipping costs may apply. Details of any applicable shipping costs are provided during the ordering process.
Delivery is made exclusively by shipment. Unfortunately, collection in person is not possible.
5. Payment
The following payment methods are generally available in our online shop:
PayPal
If you choose PayPal as your payment method, you will be redirected to the PayPal website during the checkout process. To complete the payment, you must have a PayPal account or, where available, use PayPal's guest checkout option. The payment transaction will be processed immediately after you confirm the payment instruction.
Payment Methods via Mollie
Payments are processed through our payment service provider Mollie. Depending on your country and availability, the following payment methods may be offered, among others:
Apple Pay
Google Pay
Credit Card (Visa and Mastercard)
Klarna (e.g. Pay Now, Pay Later and other payment options offered by Klarna)
After selecting your preferred payment method, you will be redirected to the secure payment page of Mollie or the respective payment service provider.
The payment transaction is subject to the terms and conditions as well as the privacy policy of the respective payment service provider.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in our Right of Withdrawal Policy. Business customers are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment has been received. The following additionally applies to business customers: We retain title to the goods until all outstanding claims arising from an ongoing business relationship have been settled in full. Business customers are entitled to resell the goods subject to retention of title in the ordinary course of business. Any claims arising from such resale are hereby assigned to us in advance up to the amount of the invoice value, irrespective of whether the goods have been combined with or processed into a new product. We hereby accept this assignment. The business customer remains authorized to collect such claims. However, we reserve the right to collect the claims ourselves if the business customer fails to meet its payment obligations.
8. Transport Damage
For Consumers If goods are delivered with obvious transport damage, please report such damage to the carrier as soon as possible and contact us without delay. Failure to make such a complaint or to contact us has no effect on your statutory rights, in particular your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance provider.
For Business Customers The risk of accidental loss or accidental deterioration of the goods passes to the business customer as soon as the goods have been handed over to the forwarding agent, carrier, or any other person or institution responsible for carrying out the shipment. Business customers are subject to the inspection and notification obligations set out in Section 377 of the German Commercial Code (HGB). If the required notification is omitted, the goods shall be deemed approved unless the defect could not have been detected during the inspection. This shall not apply where we have fraudulently concealed a defect.
9. Statutory Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory provisions governing liability for defects shall apply.
For consumers purchasing used goods, the following applies: If a defect becomes apparent after one year from delivery of the goods, warranty claims are excluded. Defects that become apparent within one year of delivery may be asserted within the statutory limitation period of two years from delivery.
For business customers, the limitation period for warranty claims relating to newly manufactured goods is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
With regard to business customers, only our own product descriptions and the manufacturer's specifications incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods. We accept no liability for public statements made by the manufacturer or for other advertising claims.
If the delivered goods are defective, we shall initially provide warranty to business customers, at our discretion, either by remedying the defect (repair) or by delivering replacement goods free from defects.
The above limitations and reductions of limitation periods shall not apply to claims arising from damages caused by us, our legal representatives or our agents:
in the event of injury to life, body or health;
in the event of intentional or grossly negligent breach of duty or fraudulent intent;
in the event of a breach of essential contractual obligations (cardinal obligations), the fulfilment of which is necessary for the proper performance of the contract and on the observance of which the contractual partner may regularly rely;
where a guarantee has been expressly assumed; or
where liability arises under the German Product Liability Act.
Information about any additional guarantees and their exact conditions can be found with the respective product and on the relevant information pages in our online shop.
Customer Service: If you have any questions regarding our products and services, your order, complaints or any other matters, you can contact our customer service at: Phone: +49 (0) 7665 9689746 or Email: support@mitte.co
10. Liability
We shall be liable without limitation for claims arising from damages caused by us, our legal representatives, or our agents:
in the event of injury to life, body, or health;
in the event of intentional or grossly negligent breach of duty;
where a guarantee has been expressly assumed; or
where liability arises under the German Product Liability Act.
In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the fulfilment of which is necessary for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, our liability shall be limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
Any further claims for damages are excluded.
11. Code of Conduct
We adhere to the following codes of conduct:
- Trusted Shops Quality Criteria
- https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
12. Alternative Dispute Resolution
The European Commission provides a platform for Online Dispute Resolution (ODR). We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent arbitration body is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e. V. Straßburger Straße 8 77694 Kehl am Rhein Germany.
13. Protection of Minors
Where an order includes goods that are subject to statutory age restrictions, we use a reliable age verification procedure, including personal identity and age verification, to ensure that the purchaser has reached the required minimum age.
The goods will only be handed over to the purchaser personally after successful age verification.
14. Final Provisions
If you are a business customer, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered place of business.
