Terms & Conditions
General Terms and Conditions and Client Information
1 General, Scope
1.1 These General Terms and Conditions (hereinafter referred to as the “Terms”) of 4Life Organics eK / 2DIE4 Life Foods (hereinafter “Seller”) apply to all contracts entered into by a consumer or entrepreneur (hereinafter “Customer”) with us as the seller in Shop represents goods and / or services. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. This contradicts the inclusion of customer’s own terms, unless otherwise agreed.
If you have questions about the terms and conditions, then contact us at any time, preferably via email to email@example.com.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity.
2 Prices and payment terms
1 Unless otherwise stated in our offer, the stated prices are final prices which include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
2.2 The payment of the goods takes place via Paypal, i. the transfer of the total amount (calculated from the stated purchase price plus the applicable shipping costs). After conclusion of the contract, the purchaser undertakes to pay the total amount via Paypal to 4Life Organics / 2Die4Life Foods immediately.
2.3.Payment Provider Paypal.
Provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).
The payment details you enter will be sent to PayPal. The transmission of your data to PayPal is based on Art. 6 para. 1 lit. a DSGVO (consent) and Art. 6 para. 1 lit. b DSGVO (processing to fulfill a contract). You have the option to revoke your consent to data processing at any time. Revocation does not affect the effectiveness of historical data processing operations.
3.1 Delivery shall be effected by sending the object of purchase to the address electronically communicated by the customer.
3.2 The delivery takes place expressly after receipt of the total amount on the Paypal account of 4Life Organics / 2DIE4 Life Foods
4 Right of cancellation
Insofar as one of the following listed factual reasons exists after concluding the contract, 4Life Organics / 2DIE4 Life Foods is entitled to withdraw from the contract with the customer immediately:
1. In case of incorrect self-delivery
2. In case of untimely self-delivery
This does not apply to 4Life Organics / 2DIE4 Life Foods culpably caused non-delivery. 4Life Organics / 2DIE4 Life Foods undertakes to inform the customer about the unavailability of the service as soon as possible. Already exchanged services, in particular a total price already paid by the customer, will be reimbursed immediately.
5 Liability for defects
Unless expressly agreed otherwise, the warranty claims are based on the statutory provisions of the purchase right (§§433 ff. BGB).
5.1 For entrepreneurs within the meaning of §14 BGB, the statutory provisions with the following modifications apply:
– For the nature of the goods, only our information is binding, but not public charges and statements and other advertising of partners or other third parties.
– You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
– In the case of defects, we provide warranty at our discretion by repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment
does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
– The warranty period is one year from date of delivery.
5.2 For consumers in mind of §13 BGB is the limitation period for warranty claims
– for new goods 1 year from delivery of the goods to the customer.
– For used goods, deviating from the statutory provisions, one year from delivery of the goods to the customer.
5.3 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and fraudulent concealment of a defect.
5.4 If the customer acts as a consumer, he is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
5.5 If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first within 30 days to the seller at his expense. The return of the defective goods must be made in accordance with the statutory provisions.
6 Retention of title
The goods remain the property of 4Life Organics / 2DIE4 Life Foods until full payment of the purchase price. With respect to an entrepreneur, we reserve the title to the goods until full settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
7 Set-off / right of retention
7.1 The customer is only entitled to offset if his counterclaims are legally established or recognized by 4Life Organics / 2DIE4 Life Foods.
7.2 You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
8.1 According to the legal regulations, 4Life Organics eK / 2DIE4 Life Foods is fully liable for damages resulting from injury to life, limb or health that are based on a willful or negligent breach of duty as well as for other damages resulting from an intentional or grossly negligent breach of duty Based on
malice. In addition, 4Life Organics e.K / 2DIE4 life Foods is fully liable for damages covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, and in the event of warranties.
8.2 4Life Organics eK / 2DIE4 life Foods shall be liable for such damages, which are not covered by clause 8.1 and which are caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which the proper execution of the contract in the
first place and on whose compliance the customer may regularly rely (so-called cardinal obligations). The liability of 4Life Organics e.K / 2DIE4 life Foods is limited to the contractually foreseeable damages.
8.3 In the case of slightly negligent violations of contractual obligations that are not covered by Clauses 8.1 or 8.2 (so-called non-essential contractual obligations), 4Life Organics e.K / 2DIE4 life Foods is liable to consumers – this is limited to the contractually foreseeable damages.
8.4 Further liability is excluded.
9 Data storage
4Life Organics e.K / 2DIE4 LIFE FOODS uses the customer's inventory data exclusively to process the order. All customer data is stored and processed in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer has the right to free information, correction, blocking and deletion of his stored data at any time.
10 Right of revocation and cancellation policy
CANCELLATION & CANCELLATION FORM
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us 4Life Organics e: k Kleeberg 16, 94099 Ruhstorf Phone: +49 8534 969266
Fax: +49 8534 9693789
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
FOLLOWING THE CANCELLATION
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
EXCLUSION EFFECTIVE DISSOLUTION OF THE RIGHT OF CANCELLATION
• The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of revocation expires prematurely in 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. For the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
The warranty terms for the purchased items are governed by the following conditions. Any inquiries and / or complaints should be directed to 4Life Organics e.K / 2DIE4Life Foods.
No warranty is given in the case of damage caused by improper use or treatment of the item. The same applies to a so-called. Wanted wear.
In accordance with statutory provisions, the customer initially has only a right to subsequent performance in the event of defects in the delivered goods.
Without the express consent of 4Life Organics e.K / 2DIE4Life Foods, the customer is not entitled to remedy this defect itself or to have it rectified by a third party (self-performance) if he has not previously set the seller a necessary period for subsequent performance. Insofar incurred costs of remedy of defects are not refunded.
If the supplementary performance has failed, the customer can, at his own option, reduce the remuneration according to the legal regulations (reduction), cancel the contract (rescission), claim damages or reimburse useless expenses. If the customer chooses compensation for damages, the limitations of liability according to section 8 of these terms and conditions apply.
1. Please avoid damage and contamination of the goods. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
2. Please do not send the goods back to us if possible. Please note that the aforementioned item 1 is not a prerequisite for the effective exercise of the right of withdrawal.
B. WITHDRAWAL FORM
The cancellation form can be downloaded here as a PDF.
If you want to cancel the contract, please fill out this form and send it back.
At: 4Life Organics e.K, Kleeberg 16, 94099 Ruhstorf, Phone: +49 8534 969266
Fax: +49 8534 9693789
Since 15 February 2016, the EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court.
The Dispute Settlement Platform can be reached at the external link
http://ec.europa.eu/consumers/odr/. In addition, we endeavor to settle any disputes arising from our contract with the customer by mutual agreement. In addition, we are not obliged to participate in a conciliation procedure and unfortunately can not offer our customers the participation in such a procedure.
In this context, we are legally obliged under § 36 VSBG to point you to our e mail address. This is:
§12 Applicable law
12.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located
outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
AGB 4Life Organics e.K Kleeberg 16, 94099 Ruhstorf Tel .: +49 8534 969266
Fax: +49 8534 9693789
Register court: AG Passau – HRA12329
Managing Director: Alexander Thalgott
Verantwortlich für den Inhalt dieser Seiten ist 4 Life Organics e.K, Alexander Thalgott
4 Life Organics e.K
Tel. +49 8534 969266
Eintragung im Handelsregister. – Amtsgericht Passau
HRA 12329 Amtsgericht Passau
Diese Website wurde von erstellt von CHORONI DESIGN (new zealand)
Copyright der verwendeten Fotos liegt bei
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS)
bereit: https://ec.europa.eu/consumers/odr .
Unsere E-Mail-Adresse finden Sie oben im Impressum.
Wir sind nicht bereit oder verpflichtet, an Streitbeilegungsverfahren vor einer
Responsible for the content of this website is 4Life Organics e.K, Alexander Thalgott 4 Life Organics e.K
Tel. +49 8534 969266
The company is registered and based in Passau, Germany
AG Passau – HRA 12329 Passau
VAT ID: DE294722344
Organic inspection body: DE-ÖKO-003
Link to the platform of the European Commission according to regulation on consumer ODR: http://ec.europa.eu/consumers/odr
1) INFORMATION ON THE COLLECTION OF PERSONAL DATA AND CONTACT DATA OF THE RESPONSIBLE
1.1 We are pleased that you visit our website and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data that allows you to be personally identified.
1.2 Person responsible for the data processing on this website within the meaning of the basic data protection regulation 4Life Organics e.K, Kleeberg 16, 94099 Ruhstorf, Germany. Tel. 08534 969266 firstname.lastname@example.org The person responsible for the processing of personal data is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data.
1.3 For reasons of security and to protect the transmission of personal data and other confidential content (for example, orders or inquiries to the person responsible), this website uses an SSL or Internet connection. TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock icon in your browser bar.
2) DATA COLLECTION WHEN VISING OUR WEBSITE
In the case of merely informative use of our website, ie if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following information that is technically necessary for us to display the website:
• Our visited website
• Date and time at the time of access
• Amount of data sent in bytes
• Source / reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if necessary in anonymised form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO based on our legitimate interest in improving the stability and functionality of our website. A transfer or other use of the data does not take place. However, we reserve the right to retrospectively check the server logfiles should concrete evidence point to unlawful use.
When contacting us (for example via contact form or e-mail), personal data is collected. Which data are collected in the case of a contact form can be seen from the respective contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter in question is finally clarified and provided that no statutory storage requirements are in conflict.
4) DATA PROCESSING WHEN OPENING A CUSTOMER ACCOUNT AND FOR CONTRACT TRACKING
According to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed when you provide it to us for the purpose of concluding a contract or opening a customer account.
Which data are collected, can be seen from the respective input forms. A deletion of your customer account is possible at any time and can by a message to the o.g. Address of the person responsible.
We save and use the data you have provided for the execution of the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further data use by our side which we will inform you accordingly below.
5) DATA PROCESSING FOR ORDER PROCESSING
5.1 In order to process your order, we cooperate with the following service provider (s) who assist us wholly or partially in the execution of concluded contracts. These personal data will be transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods. We will pass on your payment details to the commissioned bank as part of the payment process, if this is necessary for the payment process. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit. b DSGVO.
5.2 Use of payment service providers (payment service providers)
– Paypal For payment via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we will transfer your payment data to Paypal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process.
PayPal reserves itself for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment” via PayPal the execution of a credit check. If necessary, your payment data will be processed in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of the legitimate interest of PayPal in the determination of their solvency to credit bureaus passed. The result of the credit check on the statistical probability of default is used by PayPal for the purpose of deciding on the provision of the respective payment method. The credit information can contain probability values (so-called score values). Insofar as score values are included in the results of the credit rating, they are based on a scientifically recognized mathematical-statistical procedure.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may continue to be entitled to process your personal data, if this is necessary for the contractual payment transaction.
6) TOOLS AND OTHERS
On our website, we use Google Maps (API) from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service for displaying interactive (land) maps to visually display geographic information. The use of this service will show you our location and facilitate your arrival.
When you visit any of the subpages where the Google Maps map is incorporated, information about your use of our website (such as your IP address) is transmitted to Google’s servers in the United States and stored there. This is done regardless of whether Google provides a user account that you are logged in to, or if there is no user account. When you’re logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. According to Art. 6 (1) (f) of the GDPR, such an evaluation is based on the legitimate interests of Google in the display of personalized advertising, market research and / or tailor-made design of its website. You have a right of objection to the formation of these user profiles, and you must comply with this to Google.
US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
7) RIGHTS OF THE AFFECTED
7.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) to the person responsible with regard to the processing of your personal data, about which we inform you below:
• Right to information in accordance with Art. 15 GDPR: In particular, you have the right to obtain information about the personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or is disclosed planned storage period or the criteria for determining the storage period, the right of rectification, deletion, limitation of processing, objection to the processing, complaint to a supervisory authority, the origin of your data, if they were not collected by us, the existence of automated decision-making, including profiling and, where appropriate, meaningful information about the logic involved and the scope and intended impact of such processing, as well as your right to be informed, which guarantees under Art. 46 GDPR at Weiterleitu your data to third countries;
• Right to correction according to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
• Right to cancellation pursuant to Art. 17 GDPR: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, exercise or defense of rights;
• Right to restriction of processing according to Art. 18 GDPR: You have the right to demand the restriction of the processing of your personal data as long as the correctness of your data, which you deny, is checked, if you refuse deletion of your data due to inadmissible data processing and instead require the restriction of the processing of your data, if you need your data for the assertion, exercise or defense of legal rights, after we no longer need this data after purpose or if you objected for reasons of your special situation, as yet as it is not certain, whether our legitimate reasons prevail;
• Right to be informed in accordance with Art. 19 GDPR: If you have asserted the right of rectification, deletion or limitation of the processing to the person responsible, he / she is obliged to rectify or delete the data to all recipients to whom the personal data relating to you have been disclosed or limitation of processing, unless proving to be impossible or disproportionate. You have the right to be informed about these recipients.
• Data transferability according to Art. 20 DSGVO: You have the right to receive your personal data provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible;
• Right of revocation of granted consent pursuant to Art. 7 (3) GDPR: You have the right to revoke your consent to the processing of data once at any time with effect for the future. In the case of withdrawal, we will delete the data concerned immediately, as far as further processing can not be based on a legal basis for consentless processing. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
• Right to complain under Art. 77 GDPR: If you believe that the processing of personal data concerning you is contrary to the GDPR, you have the right to complain to a supervisory authority, in particular in any other administrative or judicial remedy the Member State of your whereabouts, your place of work or the place of the alleged infringement.
7.2 RIGHT TO OBJECT
IF, IN THE CONTEXT OF INTEREST ACCOUNTABILITY, WE PROCESS OUR PERSONAL DATA BASED ON OUR MAJOR LEGITIMATE INTEREST, YOU HAVE ANY PRESENT RIGHT TO SUBMIT AGAINST THIS PROCESSING FOR CONSEQUENCES WITH EFFECT ON THE FUTURE FOR REASONS OBTAINED FROM YOUR SPECIFIC SITUATION.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE AFFECTED DATA. FURTHER PROCESSING REMAINS SUBJECT TO EXERCISE WHEN WE MAY PROVIDE IMPERATIVE REASONABLE REASONS FOR PROCESSING WHICH EXCEED ITS INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE PRESENTATION, EXERCISE OR DEFENSE OF LEGAL CHARGES.
IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISING, YOU HAVE THE RIGHT TO INTRODUCE ANY CONTESTING AGAINST THE PROCESSING OF YOU OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE THE OPPOSITE AS DESCRIBED ABOVE.
MAKE USE OF YOUR CONTINGENCY RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ACCEPTANCE.
8) DURATION OF STORAGE OF PERSONAL DATA
The duration of the storage of personal data is based on the respective legal retention period (eg commercial and tax retention periods). After the deadline, the corresponding data are routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract and / or on our part no legitimate interest in the re-storage persists.
Please note that data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. A complete protection of the data from access by third parties is not possible.