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For all legal transactions agreed between Getränkehaus Plöchl GmbH (hereinafter referred to as Plöchl) and the customer (hereinafter also referred to as the customer), our following General Terms and Conditions of Business (GTC) shall apply exclusively.
Different terms and conditions of business shall apply.
Different terms and conditions of the customer are not recognized by Plöchl, unless their validity is expressly agreed.
Getränkehaus Plöchl GmbH & Co.KG
this represented d. d. Getränkehaus Plöchl GmbH,
this legally represented by the Managing Director Mr. Ludwig Plöchl,
Klingenbrunner Str. 13 a
94261 Kirchdorf i. Forest
Tel.: 09928/94040
Fax: 09928/940422
E-mail: info@ploechl.de (Für questions about the flavors please use the contact form)
The company is registered in the register court Deggendorf under HRA 2010.
Sales tax ID: DE 240498247
The customer's order alone represents only an offer by the customer to Plöchl to conclude a purchase contract. The purchase contract is concluded only by acceptance of the offer by Plöchl. The acceptance is made by an order confirmation sent by e-mail or only by delivery of the ordered goods. Plöchl shall endeavor to accept the customer's offer by no later than the next business day. The customer is bound to his offer for seven days after receipt of his offer by Plöchl. If Plöchl does not accept the offer within this period, the customer may withdraw the offer, unless Plöchl has accepted the offer in the meantime.
When ordering a subscription or a continuous supply, the customer regularly receives, according to the agreement, the ordered products at the daily prices of the individual products. This may also result in lower prices (e.g. in the case of special offers) or price increases. The price list currently valid at Plöchl shall apply. Plöchl will inform the customer about the current prices by e-mail before sending the subscribed shopping cart. If Plöchl does not receive any other notification from the customer within 24 hours, Plöchl may assume that the customer agrees with the notified prices. In doing so, Plöchl will point out to the customer when sending the changed prices that silence on the part of the customer after 24 hours is deemed to be the customer's consent.
The sale of the offered items is only in household quantities and only while stocks last.
Für the Übertragungsfehler with a fax or e-mail order übernimmt Plöchl no liability. The contract data will be stored by us for contract fulfillment.
The prices valid at Plöchl at the time of the order apply. The prices include the respective valid German statutory value added tax. Empties deposit is shown separately if applicable.
For deliveries to countries other than Germany, any calculation of VAT will be made according to the tax regulations applicable at the time of purchase. Conditions for a favorable taxation (e.g. entrepreneurial status of the customer) are to be proven by the customer.
Any additional taxes, duties and/or costs incurred in the case of delivery abroad may be charged by Plöchl to the customer in addition.
The customer shall bear the shipping costs.
The payment is made by prepayment-Überweisung, credit card or PayPal, at the option of the customer. However, Plöchl is entitled, after the result of a credit check, not to offer certain payment methods or to refer to other payment methods. If there is a delay in payment by the buyer, including input errors in the transfer or insufficient funds in the account, the customer bears the resulting additional costs.
The customer shall only be entitled to set-off if his counterclaims have either been legally established or acknowledged by Plöchl.
The delivery is made to the delivery address specified by the customer.
A self-collection by the customer is only possible after specific prior agreement.
Plöchl is also entitled to make partial deliveries. In this case, the customer shall only bear the shipping costs that would have been incurred in the case of a complete delivery.
Plöchl is also entitled to make partial deliveries.
The delivery will be made only after receipt of payment of the agreed total price.
If Plöchl is not able to deliver the ordered goods through no fault of its own (because, for example, a supplier of Plöchl does not fulfill its own contractual obligations), Plöchl shall be entitled to withdraw from the contract vis-à-vis the customer. In this case, the customer will be informed immediately that the ordered product is not available and, if applicable, for how long. The customer shall receive a refund of the purchase price paid unless he and Plüchl agree on a later delivery date. Further claims, in particular claims for damages by the customer due to non-delivery, are excluded.
The shipment is made at the request of the buyer, the risk of accidental loss and accidental deterioration of the purchased item by the shipment passes to the customer as soon as the goods have been delivered to the person designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss shall pass to the customer from the first unsuccessful attempt to deliver the goods.
If the customer is in default of acceptance or culpably violates other duties to cooperate, Plöchl shall be entitled to demand compensation for the damage or additional expenses incurred by it as a result. Plöchl reserves the right to assert further claims.
The delivered goods remain the property of Plöchl until full payment of the purchase price. In the case of subscription orders, this applies accordingly for each partial delivery. Prior to payment, the customer is not entitled to pledge the delivered goods, to use them as security, to process them or to modify them, unless this has been expressly agreed with Plöchl.
The purchase price becomes due for payment upon acceptance of the order by Plöchl.
In the event of late payment, Plöchl shall be entitled to claim the default interest provided for by law.
The possibility of a cash discount deduction does not exist.
In the event of non-payment or cancellation of a direct debit, the Customer hereby irrevocably authorizes his bank to notify Plöchl of his name and current address. Plöchl shall be entitled to claim any Rücklastschrift fees charged to Plöchl for reasons for which the customer is responsible.
If, contrary to expectation, the ordered goods show defects, the statutory material defect provisions shall apply.
Plöchl shall only be liable for intent and gross negligence.
Plöchl shall only be liable for simple negligence in the event of damage resulting from injury to life, limb or health and in the event of breach of a material contractual obligation (cardinal obligation). In the case of negligent breach of cardinal obligations, liability is limited to typical contractual and foreseeable damages.
The legal representatives, employees or vicarious agents of Plöchl shall not be liable to a greater extent than Plöchl itself.
The customer undertakes to inspect the contents of the delivered package in the presence of the supplier and to have any breakages acknowledged by him. Otherwise, the assertion of claims for breakage shall be deemed excluded.
If the customer is a consumer in the sense of the German Civil Law, he has the following right of withdrawal:
Right of withdrawal
You can cancel your contract within 14 days without giving any reason in writing (eg letter, fax, e-mail) or if the goods before the deadline was already überlassen, also by Rücksendung of the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations pursuant to Article 246 § 2 in conjunction with. § 1 para. 1 and 2 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be sent to: Getränkehaus Plöchl GmbH, Klingenbrunnerstr. 13 a, 94261 Kirchdorf i. Wald, Tel.No. 09928/94040, Fax: 09928/940422, E-Mail: service@myaroma.shop.
Consequences of revocation
If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us; The customer is obliged to pay back the full amount of the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us) without delay and at the latest within 14 days from the day on which we have received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Getränkehaus Plöchl GmbH & Co.KG, Klingenbrunner Str. 13 a, 94261 Kirchdorf i. Wald, without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of the contract. The deadline is met if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods. However, we will gladly send you a free return voucher. You can also request this at service@myaroma.shop. If you use our free return voucher, the return of the goods is free of charge for you and we bear the costs of the return of the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling by you that is not necessary for testing the quality, characteristics and functionality of the goods.
- End of the cancellation policy -
We expressly point out that the right of withdrawal under § 9 in this distance contract über delivery of goods does not exist if these in the sense of § 312 d para 4 no. 1 BGB according to customer specifications, are clearly tailored to the personal needs of the customer, due to their condition are no longer suitable for a Rücksendung or spoil quickly or whose expiration date has been exceeded.
The right of withdrawal is also excluded if a mixing of the delivered products with other or other delivered products has already taken place. The right of withdrawal is also excluded if the goods have already been opened or the seal has been broken.
The goods offered partly contain alcohol. With the submission of the order, the customer assures that he is of age. A false statement (ie order by a minor) is a Täuschung and entitles us to criminal charges. In case of false information, the customer is also liable for damages.
The offered goods constitute a concentrate and may not be used and consumed undiluted. The mixing ratio necessary for consumption is indicated on the goods. The product must be kept out of the reach of small children.
If the customer is not a consumer, the following shall apply: Unless otherwise provided by law, the place of performance for all obligations arising from the contract shall be the place of business of Plöchl.
The validity of the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods is agreed. This also applies to orders from abroad or delivery abroad. For orders from abroad, the choice of law does not apply if special consumer protection provisions in the home country of the customer are more favorable (Art. 6 para 2 of Regulation 593/2008/EC üon the law applicable to contractual obligations – Rome I -).
For purchasers who do not have a fixed place of residence in Germany or who move abroad even after placing the order and for entrepreneurs, the following shall apply: The exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Plöchl.
Mündual agreements shall only apply if they are confirmed in writing. This shall also apply to any agreed deviation from this written form requirement.
Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
The EU has set up an online portal to help dissatisfied customers. In case of complaints über goods or services that you have bought from us über the Internet, you can find a neutral dispute resolution body at the following address to reach an out-of-court solution: http://ec.europa.eu/sonsumers/odr.
It should be noted that there are currently no dispute resolution bodies for some industries and some countries. For more information, please visit the EU's online portal. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but are nevertheless prepared to do so in principle.
- End of the GTC -