Conditions of Use
Only our general terms and conditions valid at the time of purchase apply to all business dealings between Nutrist GmbH & Co. KG and the purchaser. Nutrist GmbH & Co. KG does not accept any conditions imposed by the purchaser that deviate from these terms, unless expressly approved by Nutrist GmbH & Co. KG in writing.
2. Completion of contract
All of our offers are non-binding. Your order becomes binding once you click on the "Order" button. The contract between Nutrist GmbH & Co. KG and the purchaser is formed by the subsequent confirmation and acceptance of the offer by Nutrist GmbH & Co. KG.
3. Delivery and postage costs
Unless otherwise agreed, home deliveries are carried out free of charge inside Germany to the address provided by the purchaser. Estimates regarding delivery times are non-binding. The delivery of your order usually takes place within 2-5 working days after payment.
4. Right of rescission
The purchaser can revoke the contract with
Nutrist GmbH & Co. KG
in writing by letter, fax or email within 2 weeks upon receipt of the goods or by returning the goods within the same time period. This rescission requires no justification. Terms are kept as long as the dispatch occurs on time. Should order cancellation take place via letter, fax or email, we will contact you immediately upon receiving notice of rescission. Commercial customers have no right of rescission as soon as the packaging of the goods has been opened.
There is also no right of rescission in the case of § 312 d) para. 4 Nr. 1 BGB, namely in cases whereby goods are delivered which have been manufactured according to customer specifications or which are clearly tailored to satisfy individual needs, or which are not suitable for return due to their condition; or which could perish quickly or have passed their use-by date.
The legal consequences of rescission and return comply with the legal regulations on rescission. If the purchaser is a consumer, and should the goods ordered by the latter not be used for his/her own commercial or professional freelance activities, the consumer, with the exception of § 346 Abs. 2 Satz 1 Nr. 3, must replace the value of any deterioration in the goods through usage. This does not apply if the deterioration is exclusively due to verification of the goods.
In the case of an effective return of goods, the provision of services already rendered on both sides and the use made of the goods if applicable (e.g. advantages arising from use) are to be surrendered. Compensation for lost value can be demanded if the condition of the goods has deteriorated or if they cannot completely or partly be returned. This does not apply if the deterioration in the goods is solely due to their examination - as would have been possible in a physical shop. Moreover, you can avoid having to compensate for lost value by not treating the goods as your property and refraining from any course of action that diminishes their value.
Instructions on rescission for consumers
Right to rescission
You can revoke your agreement to the contract within a period of two weeks in writing (by letter, fax or email for example) or by returning the goods without specifying any reasons. This period commences on receipt of the goods and these instructions. Timely notice of rescission is all that is required to keep the terms of the contract. Notice of rescission should be sent to:
Nutrist GmbH & Co. KG
Consequences of rescission
In the case of an effective return of goods, the provision of services already rendered on both sides and the use made of the goods if applicable (e.g. interest is to be repaid) are to be surrendered. Compensation for lost value can be demanded if the condition of the goods has deteriorated or cannot completely or partly be returned. This does not apply if the deterioration in the goods is solely due to their examination - as would have been possible in a physical shop. Moreover, you can avoid the obligation to compensate for lost value by not using the goods as an owner would and refrain from any action diminishing their value. You are liable for the costs of returning the goods, if the latter correspond to the goods ordered and if the price of the goods to be returned does not exceed EUR 40.00; or, should the goods cost more than this amount, if you have not provided a service in return or made a partial payment as agreed in the contract. Otherwise you can return the goods free of charge. Goods that cannot be sent as a package will be collected from your home. You must satisfy obligations regarding the refunding of payments within 30 days of sending your rescission.
Your right to rescission expires early if your contractual partner has commenced service provision with your express approval prior to the end of the rescission period or you have arranged for this yourself.
Your Nutrist GmbH & Co. KG
5. Conditions of payment
Payment for goods can be made via prepayment. Nutrist GmbH & Co. KG reserves the right to refuse certain modes of payment in individual cases. Invoices are issued without exception with the VAT rate applicable. Unfortunately we do not accept payment by cash or cheque. We are not liable for any loss of funds.
Prepayment: Bank transfer in advance. Delivery is made after receipt of payment.
6. Reservation of proprietary rights
All goods remain the property of Nutrist GmbH & Co. KG until receipt of payment in full.
7. Warranty and liability
Should delivered articles display clear material or manufacturing faults, including damages incurred during transportation, please report such faults to Nutrist GmbH & Co. KG immediately. These and all other deficiencies in the goods purchases detected within the legal warranty period are covered by the legal rights of the buyer related to defective goods according to § 437 BGB.
8. Delivery provisions
The goods on offer can only be sold to legally adult persons. Nutrist GmbH & Co. KG reserves the right to refuse incoming orders for economic reasons without any justification. We reserve the right not to provide the services/goods promised should the latter no longer be available. At the same time, we promise to inform you of their unavailability immediately and to return any payment for such services/goods as fast as possible. Errors and changes are excluded from this obligation. We apologize for any inconvenience, but cannot deliver to German tax-free areas. Deviations in goods: Nutrist GmbH & Co. KG reserves the right to replace individual missing articles. We also reserve the right to deviations in colour, shape, size, weight, raw materials and the reproduction of images and details for goods of an equivalent value in terms of quality and price.
9. Data protection
The personal data required to complete the contract will be provided by the purchaser. Personal data relevant to the transaction will be stored and communicated to a third party if applicable to complete the order. The data is handled according to German data protection regulations and data protection laws for tele-services. All personal data will naturally be treated as confidential. We have particularly high security standards and are committed to protecting your data from unauthorised access of any kind.
10. Applicable law and area of jurisdiction
These conditions and all further agreements between contractual partners and Nutrist GmbH & Co. KG are subject to German law. In business dealings with buyers and with corporate bodies under public law, Walsrode was agreed upon as the area of jurisdiction for all legal disputes.
In dealings with end consumers, the latter's local court of law holds jurisdiction in disputes.
11. Final provisions (Disclaimer)
Should one or several of the provisions in the general T&Cs prove ineffective, the others remain binding. The ineffective provision is replaced by the appropriate legal regulation. Only German law can be applied to this contract with the exception of the UN Convention on Contracts for the International Sale of Goods.
Copyright by Nutrist GmbH & Co. KG. The web pages of our online shops are subject to copyright. Imitation, even if partial, is only admissible by Nutrist GmbH & Co. KG. All images are protected by § 72 of copyright laws.
13. Operator of the internet shop
Nutrist GmbH & Co. KG, registered at AG Walsrode HRA 121251
Personally liable partner:
Nutrist Geschäftsführungs- und Verwaltungs GmbH, Verden
Amtsgericht Walsrode HRB 200866
Managing director: Bettina Saric
Online Dispute Resolution
Online Dispute Resolution
The European Commission on online dispute resolution ( ODR platform ) platform can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Our email address is:email@example.com