General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Sale to webshops; resale
11. Storage of the contract text
12. Final provisions
1 Scope
1.1 For the business relationship between Curatenia GmbH, Breitscheider Weg 142-144, D-40885 Ratingen (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 2:00 p.m. under the telephone number +49 170 874 26 08 as well as by e-mail under e-mail: .
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions excepted.
3 Ordering process and conclusion of contract
3.1 The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart
using the buttons [Choose an option] and [Add to cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout].
3.2 By clicking the button [Order with Payment], the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function “back” or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, 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.
4 Prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 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 wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 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.
6 Payment methods
6.1 The customer can choose from the available payment methods within the framework of and
before the conclusion of the ordering process. Customers are informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.4 If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Reservation of proprietary rights
The delivered goods remain the property of the seller until
full payment has been made.
8 Warranty for material defects and guarantee
8.1 The warranty shall be determined in accordance with statutory provisions.
8.2 A warranty 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 ordering process.
9 Liability
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and the observance of which the Customer regularly relies on. 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.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb and 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 remains unaffected.
9.5 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.
§ 10. Sale to webshops; resale
We do not supply webshops. To ensure customer-related advice regarding our products, the commercial sale of our products to resellers is not permitted. For the same reason, commercial sales at trade fairs, markets and especially via the Internet (eBay, Amazon, etc.) are not permitted.
11. Storage of the contract text
11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
12 Final Provisions
12.1 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.
12.2 The contractual language is German.
12.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.