These General Terms and Conditions (hereinafter referred to as "GTC") of Salomé Carrasco , trading as "Pachamama Fruits" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller via its online shop.
Any differing terms and conditions of the customer shall not apply unless the seller expressly agrees to their validity.
1.2 Consumers
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 Entrepreneurs
An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a contract, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1
The product descriptions displayed in the online shop do not constitute binding offers , but rather an invitation to the customer to submit an offer.
2.2
The customer submits a binding offer by placing the desired goods in the shopping cart, going through the ordering process and completing the order by clicking the corresponding button. Alternatively, the customer can submit their offer by telephone, email or post.
2.3
The seller can accept the customer's offer within five days :
by sending an order confirmation (via email or similar),
by delivery of the goods or
by requesting payment.
The contract comes into effect as soon as one of these actions is first carried out.
2.4 PayPal
When selecting a payment method offered by PayPal, payment processing is handled via PayPal (Europe) S.à rl et Cie, SCA, Luxembourg . In this case, the seller declares acceptance of the offer simply by clicking the order button.
2.5 Contract text
The contract text is saved after the contract is concluded and sent to the customer by email. If a customer account exists, the order details can be viewed there.
2.6 Input errors
The customer can correct their entries at any time before submitting the order.
2.7 Contract language
The German language is the only language available for concluding the contract.
2.8 Communication
Orders are usually processed via email. The customer must ensure that the email address provided is correct.
3. Right of withdrawal
3.1
Consumers generally have a right of withdrawal.
3.2
Details can be found in the seller's cancellation policy .
4. Prices and Payment Terms
4.1
All prices are total prices . In accordance with § 19 UStG , no VAT is shown (small business regulation). Shipping costs will be shown separately.
4.2
The available payment methods are displayed in the online shop.
4.3 Advance payment
For payments made by bank transfer, the amount is due immediately after conclusion of the contract.
4.4 Invoice
When purchasing on account, the amount must be paid within 7 days of receiving the invoice. The seller reserves the right to conduct a credit check and to limit the order volume.
4.5 PayPal Direct Debit
In the case of PayPal direct debit, the customer bears the chargeback costs if they are his fault.
5. Delivery and Shipping
5.1
Delivery will be made to the delivery address specified by the customer within the specified delivery area.
5.2
If delivery fails for reasons attributable to the customer, the customer shall bear the resulting costs.
5.3 Transfer of Risk
Consumers: Risk passes only upon delivery of the goods
Entrepreneur: Transfer of risk upon handover to the shipping service provider
5.4 Self-supply
If the goods are unavailable, the seller reserves the right to withdraw from the contract. Any payments already made will be refunded.
5.5 Collection
There are no shipping costs for local pickup.
6. Liability for defects (warranty)
6.1
The statutory warranty rights apply.
6.2 Entrepreneurs
For entrepreneurs, shorter limitation periods apply according to law.
6.3 Exceptions
Limitations of liability do not apply in cases of fraud, intent or gross negligence.
6.4 Duty to investigate and report defects
Section 377 of the German Commercial Code (HGB) applies to merchants.
6.5 Transport damage
Consumers are asked to report any transport damage – this does not affect their rights.
7. Applicable Law
The law of the Federal Republic of Germany applies. For consumers, mandatory consumer law of the country of residence remains unaffected.
