Version 5.0 from 26.02.2020
1. Area of application
- These General Terms and Conditions (GTC) apply to all orders that you place on the online store www.therainforestco.com.
- The offer of www.therainforestco.com is directed exclusively to buyers who have reached the age of 18 and who are entitled to conduct legal transactions on their own account.
- The deliveries, services and offers of www.therainforestco.com are provided exclusively on the basis of these General Terms and Conditions (GTC). The General Terms and Conditions of Business apply to companies and thus also to all future business relations, even if they are not expressly agreed upon again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.
- Contract language is exclusively English.
- The presentation of goods on www.therainforestco.com does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.
- By clicking on the button "Buy" you submit a binding offer to buy (§ 145 BGB).
- After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
- A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.
- Orders can only be placed in standard household quantities (approx. 250 pieces per order).
- The prices stated on the product pages contain, in addition to other price components, the reduced rate of the statutory value added tax of 7% and are exclusive of the respective shipping costs, unless otherwise stated.
- The payment is optional: Credit card (American Express, Master Card, VISA), PayPal or immediate payment (Klarna).
- When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering ("Authorization"). The actual charge to your credit card account is made at the time we ship the goods to you.
- If you fall behind with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default has occurred, we may charge you a reminder fee of 4.50 EUR, unless a higher damage exists in the individual case.
- You are only entitled to offsetting if your counterclaim has been legally established or is not disputed or recognized by us or is in a direct, mutual legal relationship with our claim.
- You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
- Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
- Deliveries are currently possible within the USA.
- If not all ordered products are in stock, we are entitled to make partial deliveries. Any time limits begin only with the receipt of the last partial delivery.
- The object of this contract is the delivery of perishable goods within the meaning of § 2 para. 1 item 2 of the Food Hygiene Regulation (LMHV), to which the following applies: The customer shall ensure the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by taking delivery of the goods himself, appointing a person to take delivery at the specified delivery address or informing the seller of the name and address of a neighbor who is willing and entitled to take delivery.
- The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of ordering, the customer will be informed about the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they will be shipped to the customer without further notification to the customer. In case of unavailability the orderer will be informed by us. Payments already made will then be refunded immediately. This applies in particular if a limited stock of goods marked as such is exhausted.
- The goods remain our property until full payment of the purchase price.
- If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition: We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves. If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
- You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
- In order to exercise your right of revocation, you must inform us (The Rainforest Company GmbH, Schönhauser Allee 44, 10435 Berlin, Germany, email@example.com, telephone: 030224 60 996) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
- In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.
8. Consequences of revocation
- If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
- You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Sample cancellation form
9. Special notes
- If you finance this contract with a loan and revoke it later, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation becomes effective, your lender will enter into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
- If you want to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation for this.
10. Damage in transit
- If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.
- Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
- Unless expressly agreed otherwise, any warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB).
- If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
- In all other respects, the statutory provisions shall apply to the warranty.
- If you are an entrepreneur in the sense of § 14 BGB, the legal regulations apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any visible defects within 7 days of receipt of the goods. In the case of hidden defects, you must also notify us in writing of any defects within 7 days of their discovery. An e-mail confirmed by us is sufficient for written notification. The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the duty of examination and notification of defects, the assertion of warranty claims is excluded.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you may at your discretion demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods. This does not apply to perishable foodstuffs within the meaning of § 2 para. 1 no. 2 of the Food Hygiene Regulation (LMHV). For such goods, your warranty right ends with the minimum expiration date according to the product labeling.
- Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
- In all other respects, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
- Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
- Ahe contracts between you and us are exclusively subject to German law. The special provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 are excluded.
- If you are a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Berlin, Germany.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.