General Terms and Conditions
for the online shop under the URL
https://www.hasatnuts.de/en
operated by
Hasat Nuts
Yilmaz & Kuru GbR
Wilmersdorferstr. 32
Hasat Nuts
10585 Berlin
Email: [email protected]
Phone number: 030 345 05 544
- hereinafter: Provider -
1. Scope
These General Terms and Conditions (GTC) apply, after their inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter "Goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop represent a non-binding invitation from the Provider to the visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The ordering of the goods takes place via the Provider's online order form. After selecting the desired goods, entering all requested mandatory information, and going through all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the Customer submits a binding contract offer to purchase the selected goods. The contract is concluded when the Provider accepts the Customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in writing or text form (e.g., by email) (Order Confirmation) and this order confirmation reaches the Customer, or when the Provider delivers the ordered goods and these goods reach the Customer, or when the Provider requests payment from the Customer (e.g., invoice or credit card payment during the ordering process) and the payment request reaches the Customer; the decisive time for the conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before bindingly submitting the order via the Provider's online order form, the Customer can check their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.
2.4 The Provider will save the contract text after the contract is concluded and send it to the Customer in text form (e.g., by email). The Provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the Customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, Turkish, English.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Details can be found in the cancellation policy, which is provided to every consumer no later than immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and are subject to any listed shipping costs. The Customer will be informed about the available payment options in the Provider's online shop.
4.2 If "Advance Payment" is agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.4 If payment via "PayPal" is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "Sofortüberweisung" (instant bank transfer) is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of Title
The purchased goods remain the property of the Provider until the purchase price has been paid in full.
6. Delivery and Reservation of Self-Supply
6.1 Subject to differing agreements, delivery will be made within the delivery time specified in the online shop to the delivery address specified by the Customer. The applicable delivery times can be found in the online shop.
6.2 In the case of forwarding deliveries, subject to differing agreements, delivery is made "free curbside". This means delivery to the public curb closest to the specified delivery address.
6.3 If the Provider cannot deliver the ordered goods because they have not been supplied themselves through no fault of their own, although they have concluded a congruent covering transaction with a reliable supplier in good time, the Provider is released from their obligation to perform and can withdraw from the contract. The Provider is obliged to inform the Customer immediately about the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of statutory liability for defects apply.
8. Liability
8.1 The Provider is liable without limitation:
- for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- based on a guarantee promise, unless otherwise regulated in this respect;
- based on mandatory liability (e.g., according to the Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance of which the Customer may regularly rely.
8.3 Otherwise, the liability of the Provider as well as the liability of their vicarious agents and legal representatives is excluded.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the Provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.
10.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the Customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You can find our email address in the heading of these GTC.