General Terms & Conditions

Legal terms and conditions
for orders in the SIRPLUS online shop

    1. Scope

The following terms and conditions (hereafter "General Terms & Conditions") Apply to everyone between SIRPLUS GmbH, Harnackstraße 18, 14195 Berlin (hereinafter"we"Or"us") And a consumer contracts concluded on an order of the consumer in the online store below www.sirplus.de (hereinafter "Online Store").

You are a consumer within the meaning of § 13 of the Civil Code (hereinafter "BGB"), If you as a natural person conclude a legal transaction for a purpose that can be attributed neither to your commercial nor to your independent professional activity.

With your order, you agree to the validity of the terms and conditions in their respective version.

    1. Contract language, conclusion of contract and contract text
        1. contract language

      The language available for the contract is exclusively German.

        1. conclusion

      With attitude of the products in the on-line shop we give still no binding offer to the contract conclusion over these articles, but a mere request for the order (invitatio ad offerendum).
      You can initially put our products into the shopping cart without any obligation and correct your entries at any time before submitting your order by using the corrective aids provided and explained in the order process. Only by clicking on the button "order pending" or "buy" you submit a binding offer for the goods contained in the shopping cart.
      Immediately after submitting the order, you will receive a confirmation by e-mail, but this is not an acceptance of your contract offer. The contract is only concluded when we accept your order by another e-mail or give the goods in the shipping.

        1. Storage of the contract text

      You will receive the contract terms with details of the ordered goods including the terms and conditions and cancellation policy sent by us with the e-mail for acceptance.
      The contract text is not stored by us.

    2. Prices and payment
      1. Prices

        The prices listed on our product page at the time of your order apply. These already contain the statutory sales tax.
        For the indicated product prices shipping costs can be added. You can find out more about the amount of the shipping costs in the respective offers.

      2. Payment

        In our online shop, you can always use the following methods of payment:

        a) credit card

        When paying by credit card we accept Maestro / Master Card, Visa Card and American Express. If you decide to buy by credit card, you must submit us with the order, the requested credit card information, such as cardholder, card number, validity, as well as check digit. The payment transaction will be carried out automatically by the payment service provider immediately thereafter. Further information you will receive during the ordering process.
        Credit card payment is possible for one time orders and subscriptions.

        b) PayPal

        If you choose the payment via PayPal you will be redirected in the order process to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the online shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information you will receive during the ordering process.
        PayPal payment is possible for one time orders and subscriptions.

        c) IMMEDIATE transfer

        After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN procedure activated for participation in SOFORT Überweisung, have your authorization and confirm the payment order to us. Further information you will receive during the ordering process. The payment transaction will be executed immediately after that by SOFORT Überweisung and your account will be debited.
        IMMEDIATE bank transfer is only possible for one-off orders.

        d) Vouchers

        If you have a voucher, you can pay part or all of your order with the value of the voucher. For this you must enter the coupon code in the designated field in the order process. The voucher can only be redeemed for a good or service. A cash payment is not possible.

    3. Delivery

We deliver only to delivery addresses within the Federal Republic of Germany and Austria.
The delivery can only be made in transit. Unfortunately, a self collection of the product is not possible.
In the order process you will receive information about the estimated delivery time. If this is delayed or the ordered goods are not available, we will inform you in good time at the e-mail address provided by you. If the goods are not available, we will refund you already rendered consideration. The refund will be made in the same way as your payment using the means of payment chosen by you.

    1. Subscriptions

You can pause a subscription at any time or change your address. Subscriptions can be canceled after the number of boxes you have chosen to purchase the subscription has been delivered. Without termination on your part, the subscription continues for an indefinite period. In all cases you have to send us your request for change or cancellation with a period of 10 days before the next debit date in writing to SIRPLUS GmbH, Harnackstraße 18, 14195 Berlin, or under support@sirplus.de report.

  1. Warranty and guarantees
      1. warranty

    For defects of the purchased products we are liable according to the legal regulations.
    Please note the following note:
    We mainly sell food which is sold either just before the expiration date stated on the packaging ("Best before…" - MHD) or consumption date ("To consume until ...") or which have already exceeded the stated best-before date; This in itself does not represent a defect of the goods. The MHD does not indicate how long a food can be safely consumed, but designates "The date on which this food retains its specific properties when properly stored" (Art. 9 para. 2, letter r) of the Food Information Regulation). The shelf life of the food often extends beyond the specified date not insignificant addition. The date of minimum durability differs from the use-by date. Of course, we inspect the goods according to our legal obligations to the best of our knowledge and belief and only bring food into the market, which are suitable for consumption. In many cases, you can buy the goods much cheaper than in the regular trade. We do not offer any goods whose expiration date has expired.
    Due to these special circumstances of the purchase we ask you to store the goods until consumption particularly carefully, if necessary cooled and to consume them immediately after the purchase. Goods marked with a use-by date must be consumed before the expiry date.

      1. Guarantee

    Additional warranty rights from a condition and / or durability guarantee are only available to you if we have expressly submitted such for the respective goods.
    You will find information on any additionally applicable warranties and their exact conditions with the respective product and on special information pages in the online shop.

  2. Liability

    We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

    1. in case of injury to life, body or health,

    2. in case of intentional or grossly negligent breach of duty, or

    3. with guarantee promise, as far as agreed.

    For simple negligence by us, our legal representatives or vicarious agents, we are liable only in case of breach of essential contractual obligations, the fulfillment of the proper implementation of the contract in the first place and on the compliance you as a contractor regularly trust (cardinal obligations). In this case, the liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract and typical for the contract.
    Any further liability under the Product Liability Act remains unaffected.

  3. Instructions for cancellation
    1. Cancellation

      (a) Withdrawal

      You have the right to withdraw from this contract within fourteen days without giving reasons.

      For the delivery of goods:
      The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

      For subscriptions:
      The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods.

      To exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. This declaration may be sent to SIRPLUS GmbH, Harnackstrasse 18, 14195 Berlin, mail@sirplus.de or by phone: 03012074200 done. You can (but do not have to) use the attached model withdrawal form.

      To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

      (b) consequences of the cancellation

      If you withdraw from this Agreement, we will have all payments we have received from you, including delivery charges (excluding any additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) have to repay immediately and at the latest within fourteen days from the date on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay 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 the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

      You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

    2. Exclusion of withdrawal

      The right of withdrawal does not apply in particular to contracts:

      1. for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination on your part is decisive or which are clearly tailored to your personal needs,
      2. for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
      3. for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
      4. for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
      5. Contracts for the supply of alcoholic beverages, the price of which was agreed at the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market, over which we have no influence.

    3. Example withdrawal form

      (If you want to revoke the contract, please fill out this form and send it back.)

      - To: SIRPLUS GmbH, Harnackstrasse 18, 14195 Berlin, mail@sirplus.de

      - I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):

      - Ordered on (*) / received on (*)

      - Name / consumer (s)

      - Address of the / consumer (s)

      - Signature of / consumer (s) (only with message on paper)

      - date

      _______

      (*) Delete as appropriate

  4. Child protection & sale of alcohol

    In accordance with the Youth Protection Act, we only supply alcoholic beverages to persons who use the 18. Have already completed the year of life. We reserve the right to demand proof of age from you (eg by copying your ID card). By accepting the validity of the terms and conditions by sending your order, you also declare that you are of age and full legal capacity and that all age, name and address information is correct.

    As a customer, you are obliged to ensure that only you or a person of legal age authorized by you can accept the delivery of goods. Insofar as you, as a person not of age, place orders stating false facts and / or without the authorization of your responsible or authorized legal representative, we hereby revoke these contracts as a precaution according to § 109 BGB.

    Upon delivery of the goods, an additional age check may be carried out by the logistics provider, provided that the person receiving the delivery delivers reasoned reasons for this. A delivery of the ordered goods to persons under 18 years does not take place. If the delivery can not be handed over as a result of the age verification at the front door, you must bear the additional costs for the return of the order.

  5. Privacy Policy

    The protection of your personal data is very important to us. We process your personal data in connection with your order exclusively in accordance with the applicable statutory provisions, in particular the European General Data Protection Regulation (DS-GVO) and the Federal Data Protection Act. The details are based on the privacy policy available on our website.

  6. Customer service

    You can reach our customer service for questions, complaints and complaints via e-mail at support@sirplus.de.

  7. dispute settlement

    The European Commission provides a platform for out-of-court online dispute resolution (OS), which you can download at the link http://ec.europa.eu/consumers/odr/ find. This should give consumers the opportunity to settle disputes in connection with an online order initially without consulting a court.

    However, we do not participate in a dispute settlement procedure before a consumer arbitration board and we are not obliged to do so.

  8. Others
    1. choice of law

      The law of the Federal Republic of Germany applies excluding the UN sales law. This also applies if you order from a country other than Germany or are delivered to a country other than Germany (only Austria). If you have your habitual residence in Austria, compulsory regulations of the Austrian right to the consumer protection find additional application.

    2. jurisdiction

      If your domicile or your usual place of residence is not known at the time the complaint is brought, or if you move your place of residence or habitual residence to another country after the conclusion of the contract, Berlin shall be the exclusive place of jurisdiction for disputes arising out of or on the basis of this contract.

    3. Severability

      Should one or more provisions of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

    4. Subject to change

      We are entitled to change the terms and conditions with effect for the future.

      For current contracts in the form of subscriptions will inform you about this fact before the changes take effect. If you do not object within 1 month after receiving the change notification, the changed terms and conditions will be considered as accepted by you, if you have been informed by us in the notification of the consequences of your silence.

As of November 2019