General terms and conditions and customer information

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( Layenberger Nutrition Group GmbH ) via the website www.layenberger.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods .

We sell the goods partly or exclusively as a commission agent in our own name but on behalf of a third party, i.e., for the owner of the goods. Nevertheless, we are the contractual partner with all rights and obligations.

(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, you will finally be shown the order details as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Contract duration / Termination of subscription contracts

(1) The subscription agreement concluded between you and us has the term specified in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed upon.
(2) If the subscription agreement is not terminated by either party one month before the end of the initial term (unless a shorter period is specified in the respective offer), it shall be tacitly extended indefinitely.

The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is stipulated in the respective offer).
(3) The right to terminate the contract without notice for good cause remains unaffected.

(4) Any notice of termination must be given and submitted either in text form (e.g. email) or via the cancellation button integrated on our website (“Cancel contracts here” or similar designation).

§ 4 Special agreements regarding offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
  • Instant bank transfer (“Pay Now”)
The use of payment methods such as invoice, installment payment, and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for address and credit verification as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/ .

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(3) Payment via "Mollie"
When selecting a payment method offered via "Mollie", payment processing is handled by the payment service provider Mollie BV (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The various payment methods available through "Mollie" are displayed under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "Mollie" can be found at https://www.mollie.com/de .
§ 5 Right of retention , reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.




II. Customer Information

1. Seller's identity
Layenberger Nutrition Group GmbH
At Hühnerbusch 23
67688 Rodenbach
Germany
Telephone: 0637491200
Email: office@layenberger.com
Company complaints department:
office@layenberger.com

Shipping and return address

Heinrich Kimmle Foundation
c/o Layenberger Nutrition Group GmbH
Industrial Park 20
66989 Höhfröschen

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr .
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on how the contract came about

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German. .

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.

6.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.

6.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery conditions

7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

8. Statutory warranty rights

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Contract duration / Termination

Information on the contract duration and termination conditions can be found in the section "Contract duration / Termination of subscription contracts" in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

Last updated: October 22, 2024