Terms of service

for the online shop at the URL

https://www.precision-food.com

operated by

Precision Labs GmbH
Karlsplatz 3
80335 Munich
Email: info@precision-food.com

- hereinafter referred to as the Provider -

 

1. Scope

These Terms and Conditions (T&Cs) apply to all contracts concluded for the purchase of goods, services or other items (hereinafter “Goods”) in the online shop at the above URL in their version valid at the time of contract conclusion, after their inclusion. These T&Cs apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless the Provider explicitly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop are a non-binding invitation from the Provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is made via the Provider's online order form. After selecting the desired goods, entering all mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By ordering, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the contract conclusion in writing or text form (e.g. by email) and this order confirmation reaches the customer, or when the Provider delivers the ordered goods and the goods reach the customer, or when the Provider requests payment (e.g. invoice or credit card payment during the ordering process) and this payment request reaches the customer; the decisive point in time for the conclusion of the contract is when one of the aforementioned alternatives occurs for the first time.

2.3 Before submitting the order bindingly via the Provider's online order form, the customer can check their entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. Furthermore, all entries are displayed once again in a confirmation window before the binding order is placed and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after the contract conclusion and transmit it to the customer in text form (e.g. by email). The Provider will not make the contract text accessible beyond this.

2.5 The following languages are available for the conclusion of the contract: German, English.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Details can be found in the withdrawal policy, which will be provided to every consumer at the latest immediately before the contract conclusion.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT and any shipping costs listed. The available payment methods are communicated to the customer in the Provider's online shop.

4.2 If "prepayment" is agreed upon, the purchase price is due immediately after contract conclusion.

4.3 If "SEPA direct debit" is agreed upon, payment is due immediately after contract conclusion. Before debiting the purchase price, the customer will be informed when the debit will take place (pre-notification). The debit will not occur before the receipt of this pre-notification and not before the period stated in the pre-notification. If the debit fails due to insufficient account balance, incorrect bank details, or other reasons attributable to the customer, the customer bears any resulting reversal fees, provided they are responsible for the failure of the debit.

4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after contract conclusion.

4.5 If payment via "PayPal" is agreed, the purchase price is due immediately after contract conclusion. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.6 If "Sofortüberweisung" is agreed, the purchase price is due immediately after contract conclusion. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.7 If Giropay is agreed, the purchase price is due immediately after contract conclusion. Payment processing is carried out via paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Reservation of Self-Delivery

6.1 Unless otherwise agreed, delivery is made within the delivery period stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the Provider cannot deliver the ordered goods because they themselves were not supplied without their own fault, although they have concluded a congruent hedging transaction with a reliable supplier in due time, the Provider is released from their performance obligation and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Already rendered counter-performances will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnification

8.1 The Provider is liable without limitation:

  • for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damages caused by intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • based on a guarantee promise, unless otherwise agreed;
  • based on mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, their liability is limited to typical, foreseeable damages, unless unlimited liability applies as per the previous paragraph. Material contractual obligations are duties that the contract imposes on the Provider to achieve the contract's purpose, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the customer may regularly rely.

8.3 Otherwise, liability of the Provider as well as liability of their vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider against all third-party claims – including costs for legal defense at statutory levels – asserted against the Provider due to unlawful or contractual violations committed by the customer.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies excluding the UN Sales Convention, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory legal provisions of the law of their residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s registered office has jurisdiction, unless an exclusive jurisdiction applies. This also applies if the customer does not have a residence within the European Union. The Provider’s registered office can be found in the heading of these T&Cs.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.

The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

You can find our email address in the heading of these T&Cs.