General Terms and Conditions (GTC)
Pumpkin Organics GmbH sells baby food and baby accessories (Pumpkin Organics GmbH, Leopoldstraße 8-10, 80802 Munich, Germany). The Guidance required by law on the consumer's right of withdrawal regarding distance-contracts can be found in Point 9 below. Managing Director: Jaclyn Schnau, HRB - 227719; VAT ID No.: DE 307935018. When you purchase a product from Pumpkin Organics GmbH, the following Terms and Conditions are binding between you, the Customer and Pumpkin Organics GmbH, the seller. By placing an order, you agree to these conditions. If you have questions regarding our General Terms and Conditions, please contact us before completion of your order. Contact details below in Point 10.
§1 SCOPE OF APPLICATION
(1) The Terms and Conditions of the company Pumpkin Organics GmbH (hereinafter referred to as “the Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "the Customer") and the Seller relating to all goods and/or services presented in the online shop of the Seller.
(2) To redeem coupons or vouchers, these general Terms and Conditions apply accordingly, unless explicitly regulated otherwise.
(3) The offer on this Site is addressed to end users who have their address within Germany and/ or the rest of Europe. Our products and coupons or vouchers are not destined for resale.
§2 CONTRACTUAL PARTNER, LANGUAGE AND CONCLUSION OF CONTRACT
Your contractual partner is Pumpkin Organics GmbH, Leopoldstraße 8-10, 80802 Munich, Germany, firstname.lastname@example.org
(1) Our information on products and prices within the ordering process is non-binding. The images of the merchandise can differ from the appearance of the merchandise delivered. In particular, we reserve the right to make changes in the design or in the formulations arising from ongoing development. There shall be no claims for defects insofar as the changes considering the interests of the customer are reasonable for the customer to bear.
(2) The product descriptions in the Seller´s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
(3) The Customer may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Customer submits a legally binding offer of a contract with regard to the goods and/or services contained in the shopping cart. The Customer may also submit his offer to the Seller by telephone or e-mail.
(4) The seller may accept the Customer's offer within five days
- by transferring a written order confirmation or an order conformation in written form by e-mail; insofar receipt of order confirmation by the Customer is decisive, or
- by delivering ordered goods to the Customer; insofar receipt of goods by the customer is decisive, or
- by requesting the Customer to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Customer's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Customer is no longer bound by his statement of intent.
(5) If the customer selects „PayPal“ as payment method, he automatically sends a payment order to the corresponding payment service provider by clicking on the order button.In this case, and by derogation from paragraph 3, the customer already declarees acceptenece oft he offer by clicking on the order button in the check-out process.
(6) The period for acceptance of the offer shall start on the day after the Customer has sent the offer and ends on expiry of the fifth day following the sending of the offer.
(7) In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Customer in writing including these Terms and Conditions (for example via e-mail or letter) after the Customer has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Customer via the password-protected customer account by entering the respective login information, provided that the Customer has created a customer account in the Seller's online shop prior to submitting his order.
(8) The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
(9) Order processing and customer contact usually takes place via e-mail and automated order processing. It is the Customer's responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
(10) The information required for registration purposes must be given truthfully and in full. Keep the password confidential, retaining it in a safe place and not divulging it to third parties under any circumstances. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Pumpkin Organics GmbH. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation.
§ 3 SHIPMENT AND DELIVERY CONDITIONS
(1) We use DHL for national and international postal despatches.
(2) We deliver to the countries listed and regions on the Website to addresses accessible for delivery by the usual carriers only.
(3) Products will be delivered to the delivery address specified by the customer. An address change will be effective for delivery at the earliest 8 days after change of address communicated to us before dispatch of the order.
(4) We reserve title to the goods delivered pending payment of the pertinent invoice in full.
(5) We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods. We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers. In case we cannot procure the ordered goods we must inform you without undue delay and return any payment or other performance of you related to the order.
(6) In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes weather, strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, each adversely affecting the delivery period for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
(7) In case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes over to the consumer when the goods are dispatched. . This shall apply, irrespective of whether the goods were insured on dispatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on the delivery of the goods to the shipper or the person or organisation otherwise designated to perform the dispatch.
§ 4 WARRANTY FOR DEFECTS
(1) In the event of a defect, the statutory provisions shall apply. Pumpkin Organics GmbH shall not be liable for any further damages to other property outside of the product itself (Mängelfolgeschäden).
(2) If replacement goods are supplied ,the customer shall be obliged to return the originally supplied products to Pumpkin Organics GmbH within 30 days in accordance with the statutory provisions. Pumpkin Organics GmbH shall bear the costs of returning the object.
§ 5 CUSTOMER´S DUTIES AND OBLIGATIONS
(1) Pumpkin Organics GmbH is liable to the Customer for all contractual, quasi-contractual and tortuous claims for compensation and reimbursement as follows:
- in the case of intent or gross negligence
- in the case of intentional or negligent damage to life, limb or health
- in the case of a guarantee commitment insofar as such a commitment is not governed by other provisions
- in the case of statutory liability such as pursuant to the German Product Liability Act
(2) If Pumpkin Organics GmbH acts negligently in breaching a material contractual obligation, liability is limited to foreseeable damage typical of the contract insofar as the company is not liable to an unlimited extent pursuant to 6.1 above. A breach of material contractual obligations occurs if the breach of obligation relates to a duty which the customer has expected to be fulfilled or may ordinarily rely upon to be fulfilled.
(3) Liability is otherwise excluded.
(4) The above liability provisions also apply with respect to liability for our vicarious agents and legal representatives. (5) The Customer is obligated to carefully read and attend to the product description, instruction and warnings before use.
§ 6 TERMS OF PAYMENET AND DELIVERY
(1) Unless expressly stated otherwise, all prices quoted on the product overview and product detail pages are in euro and include VAT at the prevailing rate. Delivery charges are quoted separately. Unless agreed otherwise in writing, postage and delivery charges will be added to the total order amount and charged to the Customer.
(2) All receivable are immediately payable to Pumpkin Organics GmbH.
(3) For purchases on http://www.pumpkin-organics.de/ we offer the following methods of payment: Visa, Mastercard or PayPal. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credit notes exclusively in electronic form.
(4) Where goods are paid for by credit card, your credit card will be charged when the order is placed.
(5) You shall have the right to offset your counterclaims only if they have been legally established with final and binding effect or are not in dispute.
(6) The redemption terms of vouchers depend on the corresponding promotion. If no individual coupon or voucher conditions have been established, the vouchers cannot be combined with other campaigns / promotions.
§ 7 PRIVACY POLIC
§ 8 RIGHT OF WITHDRAWAL FOR CONSUMER; MODEL WITHDRAWAL FORM
As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you purchase, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us:
PUMPKIN Organics GmbH Leopoldstraße 8-10, 80802 Munich, Germany Email: email@example.com Tel.: +49 89 215 415 210
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the original payment method, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on withdrawal.
Model Withdrawal Form
If you want to withdraw/cancel from our contract, please complete the following form and send it back to
PUMPKIN Organics GmbH Jaclyn Schnau Leopoldstraße 8-10, D-80802 Munich, Germany Email: firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Order No.:
- Ordered on:
- Received on:
- Purchase price (incl. VAT):
- Name and Surname:
- Postal code and city:
- Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate
§ 9 CUSTOMER SERVICE
You can reach our Customer Service for questions or complaints weekdays from 9am to 5pm on the following contact data:
§ 10 GOVERNING LAW, SEVERABILITY
(1) All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention. This choice of law shall only apply to consumers if the granted protection has not been withdrawn as a result of binding provisions of the laws of the country where the user has his habitual residence.
(2) If the customer acts as a merchant, a legal entity under public law or under public law special funds with his/her ordinary place of jurisdiction in the Federal Republic of Germany, the registered office of the Seller shall be the exclusive place of jurisdiction for all claims arising from this contract. If the customer has his/her registered office outside of the Federal Republic of Germany, the Sellers registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer. In the aforementioned case the Seller shall at any rate be entitled to seek redress in a court at the customer’s registered office.
(3) There are no supplementary agreements.
(4) Pumpkin Organics GmbH reserves the right to amend these General Terms and Conditions with effect for the future according to the following procedure:
Pumpkin Organics GmbH reserves the right to change or revise the general terms and conditions for the use of this website at any time with effect for the future/ future orders, without obligation to notify the user.The current version of the General Terms and Conditions of Business is provided on the website from the date of its validity.By using the website after changing the terms and conditions, the customer agrees to the new terms.
(5) If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.
May 2018 Pumpkin Organics GmbH