Terms and Conditions
General terms and conditions of the onlineshop lammfelle.de
Werner Christ GmbH
Telefon: +49 (0)6745-181-0
Telefax: +49 (0)6745-181-175
Managing Director: Katharina Christ-Schmid, Walter Christ, Werner-Christ-Straße 2, 56283 Gondershausen, Germany
Registered with the Commercial Register of the Local Court Koblenz under HRB 3686
1. General Provisions
The following General Terms and Conditions apply to all agreements entered into between Werner Christ GmbH (subsequently: "Christ") and the consumer (Sec. 13 German Civil Code, Bürgerliches Gesetzbuch, "BGB") (subsequently: "Customer") in the online shop Christ.eu.
Christ does not acknowledge deviating General Terms and Conditions of the Customer unless Christ has explicitly and in writing agreed to such.
The Customer explicitly acknowledges with the order the subsequent General Terms and Conditions. All agreements entered into between Christ and the Customer in relation to the orders of the Customer are laid down in writing in the purchase agreement, these General Terms and Conditions and the order confirmation of Christ. The evidence of the opposite remains unaffected.
Customer in the meaning of the General Terms and Conditions are consumers. A consumer is to be regarded as any natural person which enters into a legal act to a purpose which neither is deemed to be a trade nor a freelance professional activity.
Vis-à-vis entrepreneurs in the meaning of sec. 14 BGB the present General Terms and Conditions only apply as far as there is no explicit reference to consumers.
The language of the agreement is German.
Party of the Customer is
Werner Christ GmbH
Telefon: +49 (0)6745-181-0
Telefax: +49 (0)6745-181-175
Managing Director: Marianne Christ, Walter Christ, Werner-Christ-Straße 2, 56283 Gondershausen, Germany
Registered with the Commercial Register of Local Court Koblenz under HRB 3686
2. Conclusion of agreement
All offers of Christ in the online shop on their internet site www.christ.eu serve to the placement of an offer of purchase. 2.2
The agreement between the Customer and Christ regarding the products chosen by the Customer and put into the shopping basket comes about by filling out the order form and sending this order form by clicking of the button "Ordering" or by using of the "enter" key (Binding offer of the Costumer) and by acceptance of these offer by Christ by sending an order confirmation named as such in writing (for example by letter, fax or email) with receipt of such declaration with the Customer or by delivery of the ordered products. Typing errors in the order form may be corrected by the Customer prior to completion of the ordering procedure by pushing the "back to" button of the browser before continuing the order procedure.
The receipt of the order will be confirmed to the Customer without undue delay and fully automatically by email (automatic order confirmation). This automatic order confirmation is not the legally binding acceptance of the order (acceptance declaration). The acceptance declaration is regularly issued as the order confirmation named as such by email or in writing. The order confirmation may, however, be combined with the acceptance declaration.
Should the acceptance declaration contain typing or printing errors or should the pricing be based on technically related transmission errors, Christ is entitled to setting aside with Christ being obliged to evidence the error. Any payments made already will be reimbursed without undue delay.
Christ is entitled to accept the order of the Customer within three working days after its receipt.
The delivery of the products is only allowed in quantities common for a household.
3. Pricing, Payment and delivery tremens
For each delivery the prices in our online shop at the time of the respective order apply.
The prices mentioned in the respective offers include the legal VAT at the time of the order and are to be understood without packaging and delivery costs as well as eventually cash on delivery charge which are to be added. Depending on the kind of delivery the delivery costs are depending on size, weight and number of the boxes.
The delivery costs applicable in the individual case and the VAT are being shown on a summary page regarding the order prior to completion of the order procedure separate and in EUR-currency.
Any payments are being calculated in Euro and have to be made in Euro.
A delivery out of Germany is only possible into countries listed in the list of delivery costs.
Delivery is generally only effected by the dispatch route to the delivery address named by the customer.
A picking up of the products is not possible.
The invoices of Christ are at once due and are being payable net without deduction. A payment is deemed to have been effected when Christ may dispose on the amount. In case of a payment default Christ is entitled to calculate default interest for consumers in the amount of 5 percent points above the basis interest rate of the European Central Bank.
The customer may chose between the following payment possibilities:
You have the possibility to state your credit card data at the time of the order. These are of course being transferred enscripted and are being treated strictly confidential.
After you have sent your order to Christ, an order confirmation appears with our bank connection. You may pay the advance payment amount to this account. Please be aware of the delivery times mentioned in the online shop.
You have the possibility to pay with PayPal.
The Customer is only entitled to setting-off if his counter claims have been legally binding confirmed by judicial decision or are being undisputed or confirmed in writing by Christ.
4. Delivery periods
Christ delivers the ordered products without undue delay after confirmation of the order.
In case Christ is in default of delivery, the Customer shall allow Christ an adequate additional period – starting from the day of the receipt of the written reminder with Christ or by a period which may be calculated by the calendar. After successless expiration of this additional period the Customer is entitled to withdraw from the agreement and eventually claim damage. Further legal claims remain uneffected. Already made payments will be reimbursed to the Customer.
Christ is liable vis-à-vis the Customer for default of delivery according to the statutory provisions. The following limitations remain unaffected, if the contract has been a firm deal or the Customer is entitled because of the default in delivery for which Christ is responsible to claim a discontinuance of interest in the completion of the contract.
Christ is in case of delivery default liable vis-à-vis the Customer according to the statutory provisions if the delivery default is based on an intentional or gross negligent breach of obligation for which Christ is responsible. The default of a representative or auxiliary person is to be imputed to Christ. If the delivery default is not based on an intentional or gross negligent breach of obligation for which Christ is responsible, the liability of Christ is limited to the foreseeable, typically caused damage.
If the delivery default for which Christ is responsible is based on a culpable breach of a material obligations of contract, Christ is liable according to the statutory provisions. In case of light negligence the damage claim liability is limited to the foreseeable, typically caused damage.
Christ is entitled to partial delivery and partial service at any time as far as this is reasonable for the purchaser. Any additional cost for the delivery resulting from a partial delivery is to be borne by Christ.
In case of default in acceptance on the side of the Customer or in case of the Customer’s breach of another cooperation obligation Christ is entitled to demand compensation the damage caused including eventual additional costs. The transfer of risk is subject to the statutory provisions.
Default of acceptance is in particular given if the product cannot be served and there is not only a temporary acceptance prevention.
For the duration of the acceptance default of the Customer Christ is entitled to store the products for risk of the Customer at its own premises respectively with a shipper or a store keeper. During the period of such acceptance default the Customer is obliged to reimburse Christ for any caused storage costs as default damage unless the costs are not inadequate high.
If the ordered product is not available, Christ is entitled to withdraw from the contract. In this case Christ will inform the Customer without undue delay and reimburse any already made payments without undue delay.
5. Delivery/transfer of risk
Christ is entitled to determine in his own discretion the mode and way of shipment as well as the company trusted with the delivery if the Customer does not give any explicit orders and this is reasonable for the Customer.
In case of a purchase of a Customer in the meaning of sec. 13 BGB (sale of consumer goods) the transfer of risk is passing to the Customer as the time of the handing over of the products from the shipper to the Customer.
6. Revocation/Right to return
Consumer in the meaning of sec. 13 BGB are entitled to revocate the conclusion of the contract within 14 days.
Instruction to revocation
You are entitled to revocate your contract declaration within 14 days without naming any reasons in writing (for example letter, fax, email) or - in case the product is delivered to you prior to the end of this period - by returning of the product. The period begins after receipt of this instruction in writing but not prior to receipt of the product at the recipient and also not prior to fulfilment of our information obligations according to article 246 sec. 2 in connection with sec. 1 para 1 and 2 Introductory Code To German Civil Code (EGBGB) as well as our obligations according to sec. 312g para 1 sentence 1 BGB in connection with article 246 sec. 3 EGBGB. It is sufficient to send in time the revocation declaration or the product to adhere to this period of revocation.
The revocation by return of the product or by letter it to be addressed to:
Werner Christ GmbH
Federal Republic of Germany
or by fax to +49 (0)6745-181-175
or by email to: email@example.com
Consequences of revocation
In case of a valid revocation every party is obliged to return any received services to the other party as well as eventually drawn capital use (for example interest) are to be returned. In case the received service or the capitalised used (e.g. usage advantage) may not or partially not or only in a deteriorated state be returned, you are obliged to give us in so far a compensation for lost value as far as the capitalised use or the deterioration is caused by a use of the product which is more than a mere testing of the features and functions of the product. A testing of the features and functions of the product may by defined as the testing and trying of the product as it is possible and common in a retail store.
Products suitable to be send as parcels are to be resent to us on our risk. You are obliged to carry the common costs for return if the delivered product complies with the one you ordered and if the price of the product to be returned does not exceed the amount of EUR 40.00 or - in case the price of the product is higher - if you have not rendered your service or a contractual agreed partial payment at the time of the revocation. In any other cases, the return of the product is free of charge for you. Products not suitable to be sent by parcel will be collected at your premises. Obligations for reimbursement of payments have to be satisfied within 30 days. The period begins from the sending of your declaration of revocation or the product, for us with the receipt of such.
End of instruction of revocation.
In case the Customer uses his statutory right of revocation (see instruction for revocation) he has to carry the regularly costs for return of the product if the delivered product complies with the ordered product and if the price of the product to by returned does not exceed the amount of EUR 40.00 or if the Customer - in case of a higher price of the product - has at the time of the declaration of the revocation not rendered the service or a contractually agreed partial payment. In any other cases, the return is free of charge for the Customer.
The return of products individually made according to the wishes of the Customer (tailor made products) is excluded.
7. Retention of title
Christ remains title on the products until the complete payment of all claims under the contract including any ancillary claims under the contract (e.g. costs for bills, finance costs, interest costs). In case of behaviour contrary to contract of the Customer, Christ is entitled to re-claim the product.
In case of seizures or other interventions of third parties regarding the product during the duration of the retention of title, the Customer is obliged to inform Christ with undue delay in writing.
Prior to transfer of title a seizure transfer by way of security (Sicherungsübereignung), manufacturing or remodelling is not permitted without consent of Christ.
Any manufacturing or re-modelling of the product made though by or on behalf of the Customer during the period of the retention of title is always made for the benefit of Christ. In case the product is manufactured with other goods not being owned by Christ prior to complete payment Christ shall acquire the co-title of the new object in relation to the value of the product to the other manufactured goods at the time of the manufacturing.
As far as there is a defect to be remedied, the Customer is according to the statutory provisions entitled to claim supplementary performance, revocate the contract, reduce the purchase price and claim damages according to the following provisions.
For damages not caused by injury of life, body and health Christ is only liable in so far as this is caused by intentional or gross negligent actions or by culpable breach of a material obligation of contract by Christ or its auxiliary persons. A liability for damage exceeding the previous sentence is in these cases excluded. The provisions of the German Act On Product Liability (Produkthaftungsgesetz) remain thereby un-affected. However, the liability for the concealment of a defect, for an explicitly guaranted quality or for other damages of persons remain unlimited.
As far as Christ breaches a material obligation of contract with light negligence the obligation remedies for damage of assets is limited to the foreseeable, typically caused damage.
The substitution in the cause of remedies does not constitute an acknowledgement of the defect.
The Customer is obliged to inform Christ without undue delay in case products are being delivered with evident damages caused by transport. The default in information does not have any consequence for the statutory claims for remedy and shall only help Christ to pursue its claims vis-à-vis the shipper or the transport insurances.
9. Export permit
Any required permits for the export of delivered goods of the Federal Authority For Economic And Control Of Export (Bundesamt für Wirtschaft und Ausfuhrkontrolle – BAfA) in Eschborn/Taunus, Germany are to be effected by the Customer in its own name and on its own costs. The decline of such export permit does not entitle the Customer to revocate the contract.
10. Health instructions
Any information published by Christ on its website regarding the products do only give a general overview on the fields of use and do not replace the consultation of doctors, pharmacists of other trained personnel. Customers are urgently advised not to waive personnel consultation talks with competent persons.
11. Applicable law/Court of jurisdiction
This agreement is subject to German material law under exclusion of the law of collisions and of the United Nations Conventions On Contracts For The International Sale Of Goods (CISG).
Court of jurisdiction is at the place of performance. Place of performance is 56283 Gonders-hausen/Germany.