This is a translation for your convenience. The German version is legally authoritative.
General Terms and Conditions
§ 1 Scope, definitions
(1) These General Terms and Conditions (hereinafter "GTC") apply to all orders placed through our online shop budnuts.de between Bäste GmbH, Ardeyer Straße 100, 58730 Fröndenberg (hereinafter "we" or "seller") and you as a customer.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).
(3) We do not recognise any conflicting terms of the customer unless we have expressly agreed to their validity in writing.
§ 2 Conclusion of contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
(2) By clicking the order button you submit a binding offer to purchase the goods contained in the shopping cart. Receipt of your order is confirmed immediately by email (order receipt confirmation); this does not yet constitute acceptance of the offer.
(3) The contract is concluded when we accept your order by means of a separate order confirmation or by dispatching or providing the goods. For payment methods requiring advance performance by the customer (e.g. prepayment), we accept the offer with the debit or the request for payment.
(4) We store the contract text and send it to you together with the contract data and these GTC by email. The contract language is German.
§ 3 Prices, shipping costs
(1) All prices are final prices and include statutory VAT. For products offered by volume or weight, the unit price is also stated.
(2) Plus the stated shipping costs. The applicable shipping costs are clearly communicated to you during the order process before you place your order.
§ 4 Payment, due date, default
(1) The payment methods shown during the order process are available. We reserve the right not to offer certain payment methods depending on the result of a credit or risk check.
(2) The purchase price is due for payment upon conclusion of the contract, unless otherwise stated by the chosen payment method.
(3) If the customer defaults on payment, the statutory provisions apply.
§ 5 Delivery, pick-up, own supply
(1) Delivery is made to the delivery address specified by the customer within the delivery countries offered during the order process. Delivery times are stated during the order process or on the respective product page.
(2) Where pick-up at the partner shop is offered and chosen by the customer, the customer is informed separately as soon as the goods are ready for collection.
(3) The following applies towards entrepreneurs: if we are not responsible for the unavailability of the goods because our supplier fails to supply us in time despite a contractual obligation (congruent covering transaction), we are entitled to withdraw; any consideration already provided will be refunded without undue delay.
§ 6 Retention of title
(1) For consumers, we retain title to the goods until the purchase price has been paid in full.
(2) For entrepreneurs, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. The entrepreneur is entitled to resell the goods in the ordinary course of business; the entrepreneur hereby assigns to us the resulting claims in the amount of our invoice value.
§ 7 Right of withdrawal for consumers, voluntary returns
(1) Consumers have a statutory right of withdrawal. The details can be found in our withdrawal instructions. Entrepreneurs have no right of withdrawal.
(2) Beyond the statutory right of withdrawal we take goods back or exchange them voluntarily; there is no entitlement to this. The process is described on our returns page.
(3) For voluntary returns by entrepreneurs the following applies: they require our prior consent, the goods must be unopened and fit for resale, and the return must reach us within 14 days of delivery. The buyer bears the return shipping costs. We do not charge any handling or restocking fee. Where the goods were delivered by freight forwarder, we agree the collection and allocation of costs separately. Statutory rights in respect of defects remain unaffected.
§ 8 Liability for defects (warranty)
(1) Towards consumers, the statutory rights in respect of defects apply.
(2) Towards entrepreneurs, the limitation period for claims based on defects of newly manufactured goods is one year from the passing of risk. The obligation to inspect and give notice of defects under § 377 of the German Commercial Code (HGB) remains unaffected.
§ 9 Liability
(1) We are liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, and under the German Product Liability Act.
(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
§ 10 Rewards, referral and other supplementary programmes, discounts
Supplementary BudnutsBucks terms of participation apply to the "BudnutsBucks" loyalty programme. Separate conditions may apply to individual discount or promotional offers, which are stated during the order process or with the respective offer.
Supplementary programmes offered by the seller, in particular the "BudnutsBucks" loyalty programme, the referral/affiliate programme, the community area and other promotional, discount or voucher offers, are voluntary services provided free of charge. There is no legal entitlement to participation, continuation or any particular design of these programmes. The seller may change, suspend or discontinue such programmes at any time with effect for the future and may exclude individual participants from further participation in the event of abuse (such as self-referral, manipulation or violation of the respective terms of participation).
Benefits already bindingly granted for completed orders remain unaffected by any change or discontinuation, as do the customer's statutory rights under the respective purchase contract. Points (Bucks), credits and remunerations from such programmes are not transferable and, unless expressly agreed otherwise, cannot be paid out in cash.
§ 11 Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.