- User
- Scope of application
- Contracting party
- Conclusion of contract
- Right of revocation
- Warranty and liability
- Prices and shipping costs
- Payment
- Default of payment
- Delivery
- Default of acceptance
- Reservation of proprietary rights
- Data protection
- Applicable law
- Place of jurisdiction
- Severability clause
General Terms and Conditions of Business
1. User
The user of these General Terms and Conditions are the sole proprietorships Daniela Fuchs, Hubertusstr. 14, 82140 Olching, Germany (hereinafter named Ghanafam) and Erdfarben Enterprise, PO BR 216, Aburi, Ghana.
2. User and scope of application
These General Terms and Conditions (GTC) apply to all deliveries and services by Ghanafam and Erdfarben Enterprise to commercial customers. A commercial customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
3. Contracting party
In general the contract of sale is concluded with Daniela Fuchs, Hubertusstr. 14, 8214 Olching, Germany (hereinafter named Ghanafam).
The storage, packaging and the preparation for shipment is handled by Erdfarben Enterprise, PO BR 216, Aburi, Ghana.
4. Conclusion of contract
a) The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.
b) By clicking the button [Buy now] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation via e-mail after receiving your order.
c) Ancillary agreements, reservations, changes or additions to a contract require our written confirmation in order to be valid.
5. Right of revocation
There is no right of revocation in the commercial sector.
6. Warranty and liability
a) The warranty period is one year from delivery. The customer must carefully inspect the delivered goods immediately after delivery.The goods shall be deemed approved and free of defects if Ghanafam does not receive a written notice of defects from the customer within seven working days after delivery of the goods in which the defect(s) found are listed in a comprehensible manner. At the request of Ghanafam, the defective goods are to be returned to Ghanafam.
b) In the event of material defects in the goods delivered, Ghanafam shall be obliged and entitled to choose between rectification of the defect or replacement delivery within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery by Ghanafam, the customer may withdraw from the contract or reasonably reduce the purchase price.
7. Prices and shipping costs
a) The prices stated on the product pages are exclusive of VAT, customs duty and shipping costs.
b )In addition to the stated prices, we charge shipping costs for delivery according to weight and size, depending on the delivery countries. We automatically choose the cheapest shipping method for each order, unless you have specific preferences. As shipping costs are constantly changing due to various factors such as fuel surcharge, we are unable to quote the cost at the time of ordering. You will receive the information about the cost with the order confirmation or on request we can give you an approximate quote in advance.
You will find more informations on the “Shipping” page.
c) A freight insurance is included in the shipping costs.
d) Import taxes and eventual customs duties are prepaid by the shipping service provider at import and collected upon the point of delivery from the customer. We have no influence on the amount of the import charges. These depend on the country of delivery and the product ordered. You can find more information on the “Tax and Duty”-page. Furthermore are all customers encouraged to contact their customs bureau to inquire about possible import taxes and fees.
8. Payment
Payment shall be made as desired and depending on the country by advance payment, invoice, credit card, Paypal, MTN MoMo or cash.
We will provide you with our recipient data in the order confirmation and deliver the goods after receipt of payment. You also find all payment information on the “Payment”-page.
9. Default of payment
a) The customer as the debtor of a claim for payment shall be in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice or equivalent payment schedule;
If the debtor does not make payment in response to a reminder from the creditor that is issued after the due date, he shall also be in default as a result of the reminder.
b) In the event of a delay in payment, Ghanafam is entitled to charge interest on the monetary debt. The default interest rate for the year is five percentage points above the base interest rate.
c) Ghanafam is also entitled to payment of a lump sum in the amount of 40 Euro in the event of default in payment by the customer. This also applies if the claim for payment is a payment on account or other instalment payment. The lump sum shall be credited against any damages owed, insofar as the damages are based on the costs of legal action.
d) In the event of default in payment of any payment owing to Ghanafam under the terms of this Agreement, and if it becomes necessary for Ghanafam to undertake legal action to collect said payment, customer shall pay reasonable, documented legal fees and costs incurred in connection therewith.
10. Delivery
a) Delivery is provided by DHL, ARAMEX and Ghana Post.
b) The delivery time depends on the country of delivery and the delivery method. Express shipments take about 4 days.
c) Unless otherwise stated, all items offered for sale on the website are in stock. Items that are on backorder will include an indication of this fact as well as the expected delivery time frame.
d) If we determine that we will not be able to deliver an order within the promised time frame, we will contact you immediately via email.
e) Unless a subsequent delivery is explicitly requested, all items of an order will be shipped in one shipment.
11. Default of acceptance or rejection of acceptance
a) In the event of default of acceptance on the part of the customer, we shall only be responsible for intent and gross negligence during the default of acceptance. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the latest upon the customer’s default in acceptance.
b) If the customer is in default of acceptance, fails to cooperate or delays our performance for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).
c) If the customer refuses to accept properly offered goods, we are also entitled to demand compensation for the additional purchase expenses incurred by us (e.g. shipping costs, import duties).
12. Reservation of proprietary rights
The goods remain our property until full payment has been received.
13. Data protection
Ghanafam observes the regulations of the applicable German and EU data protection laws as well as other relevant laws with data protection provisions. Pursuant to § 32, 33 of the Federal Data Protection Act, the customer is informed that Ghanafam processes the data provided by the customer mechanically for the purpose of processing orders/changes/deliveries and invoicing for the performance of the contract and for the purpose of informing the customer about new product releases and the range of services offered by the online shop. In addition, your data will also be transmitted to Erdfarben Enterprise and to the shipping company for correspondence, for delivery and for the implementation of contractual and pre-contractual measures. For details, please refer to our data protection information.
14. Applicable law
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
15. Place of jurisdiction
For all disputes arising from the contractual relationship, the court of the supplier’s head office shall have jurisdiction.
16. Severability clause
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
In such a case, the invalid clause will be replaced according to the interpretation rules of the German General Civil Code (Bürgerliches Gesetzbuch or BGB).
