General Terms and Conditions and Cancellation Policy
STATE: JANUARY 28, 2018
(Translation from German. The original: https://www.foodbin.de/datenschutzerklaerung)
SCOPE OF APPLICATION
All our deliveries and services are exclusively based on these terms and conditions of sale and delivery. Any provisions deviating from these terms and conditions, in particular also terms and conditions of the buyer, shall only become effective upon our written confirmation.
Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
CONTRACTING PARTIES, CONCLUSION OF CONTRACT
Your order constitutes an offer to us to conclude a purchase contract.
If you place an order via our website www.foodbin.de, www.food-bin.de, www.entleertechnik.de, www.feststofftechnik.de or www.abfuelltechnik.de, we will send you an e-mail confirming that we have received your order and containing its details (order confirmation).
This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order.
The purchase contract is only concluded when the ordered product is shipped and we confirm the shipment to you with a second e-mail (shipping confirmation). No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation.
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
Despite careful stocking, it may happen that a promotional item is sold out faster than expected. We therefore give no delivery guarantee. The special offer is only valid while stocks last.
If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
The language available for the conclusion of the contract is German.
We do not store the text of the contract.
RESERVATION OF UNAVAILABILITY
The provider reserves the right to refrain from executing the order if the ordered goods are not in stock and they are also not available from the corresponding supplier. In this case, the customer will be informed immediately and any purchase price already paid will be refunded.
The above reservation shall only apply in the event that we are not responsible for the non-delivery.
PRICES AND SHIPPING COSTS
All prices stated on the Seller’s website are final prices in euros. They are inclusive of the applicable statutory value-added tax. The price indication serves exclusively as non-binding information for the customer. The terms of delivery and payment stated here shall apply.
In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
Basically, there is the possibility of collection in our house, Am Hang 2, 93326 Abensberg, Sandharlanden, Germany by appointment.
If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
If third-party providers are commissioned with the payment processing, e.g. PayPal, their general terms and conditions apply.
. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest, reminder and processing fees.
The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
DELIVERY AND AVAILABILITY OF GOODS
The goods are shipped at our discretion. We deliver in customary packaging; any special packaging required (e.g. seaworthy packaging) shall be borne by the Buyer. We are entitled, but not obliged, to insure the goods at the buyer’s expense. Freight and cost-free shipment shall only be effected after special written agreement.
In commercial transactions we are entitled to make partial deliveries.
Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description. The standard delivery time within Germany is: 3 – 7 days, for production parts (e.g. food dosing units) the delivery time can be up to 10 weeks.
If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
We deliver our products worldwide. For deliveries outside Germany, higher shipping costs may apply, which will be communicated to you upon request before the order is completed. For deliveries abroad, you will be responsible for any additional taxes and customs duties.
RETENTION OF TITLE
We retain title to delivered products until the purchase price has been paid in full (retention of title according to §§158, 449 BGB).
Before the transfer of ownership, the pledging or transfer of ownership by way of security of the goods is prohibited. Resale is only permitted in the ordinary course of business. In the event of resale of the goods subject to retention of title, the purchaser hereby assigns to us in full his purchase price claim against the purchaser.
If the agreed payment deadlines are exceeded, we must charge reminder and processing fees.
WARRANTY AND GUARANTEE
The warranty is determined according to legal regulations (liability for defects).
A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the order process. Please note that honey products are natural products!
LIABILITY
The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims:
The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
The Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
Insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
CANCELLATION POLICY
You can cancel your contract declaration within 14 days without giving reasons in writing or by telephone (eg letter, fax, e-mail, telephone). The period begins with receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. The timely dispatch of the revocation is sufficient to meet the revocation deadline. The revocation is to be sent to: FoodBin Franz Brummer, Am Hang 2, 93326 Abensberg – Sandharlanden, Tel. +49 (0)9443 / 979 0425
In the event of an effective revocation, the services received by both parties must be returned within 14 days at the latest (§ 357 para. 1 BGB). If you are not able to return the received goods or if you are only able to return them in part or in a deteriorated condition, you must compensate us for the loss of value. The refund of the purchase price can unfortunately not be made in all cases using the same means of payment. We therefore reserve the right to make the refund using a different means of payment. We reserve the right to withhold the repayment until we have received the goods back or you have at least proven their dispatch to us (right of retention).
You only have to pay compensation for the deterioration of the goods if the deterioration is due to handling of the goods that goes beyond the inspection of the properties and functionality. By „testing the properties and functionality“ we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Digital products and tickets cannot be returned and are generally excluded from exchange.
Goods that can be sent by parcel post must be returned at our risk in suitable packaging. The return shipping costs must be borne by you.
RECLAIMS
We accept complaints and reclamations under our indicated contact address. If a product is no longer available, the sales price will be refunded.
Products that have a defect can be exchanged for faultless copies within the legally prescribed period, subject to availability. In this case, the Customer is obliged to return the defective product at our expense immediately after becoming aware of the defect.
If you have any questions, please contact FoodBin Franz Brummer, Am Hang 2, 93326 Abensberg – Sandharlanden, Tel.09443 / 900-45.
DATA PROTECTION
The seller processes personal data of the customer for a specific purpose and in accordance with the legal provisions.
The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, unless there is a legal obligation to retain data.
Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
PLACE OF JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
Contract language is German.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/.
Please also note our privacy policy.