Conditions
General terms and conditions (GTC) and consumer information
§ 1 Scope
§ 1.1
These General Terms and Conditions (GTC) apply to all contracts concluded between the customer and the seller via their online shop. Customers within the meaning of these General Terms and Conditions are consumers as well as entrepreneurs.
§ 1.2
Consumers within the meaning of Section 13 of the German Civil Code (BGB) and these General Terms and Conditions of the online shop are natural persons with whom we enter into business relationships without this being primarily attributable to a commercial or independent professional activity.
§ 1.3
An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 1.4
Individual contractual agreements take precedence over these General Terms and Conditions. Differing, conflicting or supplementary terms and conditions will not become part of the contract unless we expressly agree to their validity.
§ 2 providers and conclusion of contract
§ 2.1
If the contract is concluded, the contract is concluded with the munich grain, Tal 21, 80331 Munich.
§ 2.2
The conclusion of a contract via the online shop is determined by the following provisions:
The activation of the offer page in our online shop serves to submit a purchase offer from the customer. By clicking the Buy button you are making a binding offer. In the event that the customer would like to purchase several items as part of an ordering process, the buyer clicks on the “Add to cart” button (if available) and then goes through the further steps specified by the online shop. The customer can choose whether to log into their existing customer account to place the order or whether to create a new customer account for the order or to shop as a guest.
§ 2.3
Before finally submitting a contractual declaration in the online shop, customers are asked to check and, if necessary, confirm the information. If there are any input errors, you can use the browser function to go back to the previous website to provide new information.
§ 2.4
The contract is concluded when we accept your order by sending a separate order confirmation by email or by delivering the goods within 3-5 days. Confirmation of receipt of the order takes place via automated email immediately after sending the order and does not constitute acceptance of the contract.
§ 2.5
The contract text is saved and can be accessed on the online shop's website under the respective item number. The relevant website can be printed out using the browser's print function. Customers will also receive the contractual provisions including these General Terms and Conditions as well as the distance selling consumer information separately in text form.
§ 2.6
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ find. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so.
§ 3 Prices
§ 3.1
The prices that were shown in the online shop at the time of the order apply.
§ 3.2
The prices stated include statutory VAT and other price components and do not include delivery/shipping costs.
§ 4 Shipping costs and delivery conditions
§ 4.1
Delivery only takes place within the EU.
§ 4.2
Unless otherwise stated in the offer, shipping will take place with DHL parcel services.
§ 4.3
Unless otherwise stated in the offer, the delivery time is 3-5 days.
§ 4.4
If delivery of the goods fails due to your fault despite two delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately. If the product ordered is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or you do not wish a comparable product to be delivered, we will immediately reimburse you for any consideration that has already been paid.
§ 4.5 The following also applies to consumers:
§ 4.5.1 Without prejudice to the statutory warranty for material defects (more on this below), the risk of accidental loss and accidental deterioration of the goods passes to the consumer when the purchased item is handed over to the consumer. This also applies to the shipment purchase if the buyer has commissioned the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment and we have not previously named this person or institution to the buyer.
§ 4.5.2
Please report obvious material or manufacturing defects in delivered goods directly to us or to the employee of the transport company who delivers the goods. Failure to make this complaint does not affect the consumer's legal claims.
§ 4.6
The following also applies to entrepreneurs:
§ 4.6.1
The risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur or a person authorized to receive them upon handover. When purchasing by mail order, the decisive time is when the goods are delivered to a suitable transport person.
§ 4.6.2
Returns are made at the entrepreneur's risk and free of charge to our aforementioned business address. The entrepreneur bears any costs incurred for returns. This does not apply to the sale of newly manufactured items.
§ 4.6.3
The entrepreneur must report obvious defects in the goods immediately, but at the latest within 7 days, in writing with a return slip. The period begins with receipt of the goods. In order to meet the deadline, it is sufficient to send the notification of defects on time. If the entrepreneur does not comply with the obligation to report defects, the goods are deemed to have been approved with regard to the defect.
§ 4.7
Additional customs duties and fees may apply for deliveries to non-EU countries. For more information, see for example
and on import sales tax
as well as specifically for Switzerland
§ 5 payment terms
§ 5.1
Payment can be made either by credit card, Paypal or instant bank transfer.
§ 5.2
If you default on payment, interest will be charged on the purchase price during the default at a rate of 5 percentage points above the base interest rate. We reserve the right to prove and claim higher damages caused by the delay.
§ 5.3
When paying by direct debit, you may have to bear the costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrect bank details being transmitted by you.
§ 5.4
Our payment information is also available.
§ 6 Retention of title
We reserve ownership of all goods delivered by us until payment has been made (for entrepreneurs: until all of our claims arising from the business relationship have been paid). Before ownership is transferred, pledging, transfer as security, processing or redesigning without our consent is not permitted.
§ 7 Right of withdrawal
Right of withdrawal
Consumers have a right of withdrawal within fourteen days. Consumers within the meaning of Section 13 of the Civil Code (BGB) and the conditions of our online shop are natural persons with whom we enter into business relationships without this being primarily attributable to a commercial or independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (the munich grain, Heimgartenweg 1, 82418 Hofheim, email: themunichgrain@yahoo.com) by means of a clear statement (e.g. a letter sent by post or email). inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to me immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
– An the munich grain, Heimgartenweg 1, 82418 Hofheim, email: themunichgrain@yahoo.com
– 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 of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
- Date
(*) Delete what is not applicable.
§ 8 Warranty for material defects
The statutory warranty applies to consumers. The warranty period is two years and begins when the goods are handed over. For entrepreneurs, the warranty period for material defects is one (1) year.
§ 10 Data protection regulations
Collection, processing and use of personal data
You can visit our online shop without providing any personal information. We only store access data without personal reference, such as the name of your internet service provider, the page from which you visit us or the name of the requested file. This data is evaluated exclusively to improve our offering and does not allow any conclusions to be drawn about you personally.
Personal data is only collected if you voluntarily provide it to us as part of your order or when opening a customer account or registering for our newsletter. We use the data you provide without your separate consent exclusively to fulfill and process your order. Once the contract has been completed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the tax and commercial law retention periods have expired, unless you have expressly consented to the further use of your data. If you register for the newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter. The deregistration is possible at any time.
Use of cookies
In order to make visiting our online shop attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies to recognize your browser on your next visit (persistent cookies).
You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. However, if you do not accept cookies, the functionality of our online shop may be limited.
Disclosure of personal data
Your data will be passed on to the shipping company responsible for the delivery if this is necessary to deliver the goods. To process payments, we pass on your payment data to the credit institution responsible for the payment or to the payment service provider selected in the ordering process.
Web analytics
In our online shop, Google Analytics, a web analysis service provided by Google, collects and stores data from which usage profiles are created using pseudonyms. These usage profiles are used to analyze visitor behavior and are evaluated to improve and tailor our offering to meet your needs.
Cookies can be used. These are small text files that are stored locally on the site visitor's device and thus enable recognition when you visit our website again.
The pseudonymized usage profiles will not be combined with personal data about the bearer of the pseudonym without a separate, express consent.
You can object to the collection and storage of data for the purpose of web analysis at any time with future effect. As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from recording data on this website in the future. An opt-out cookie is stored on your device. However, if you delete your cookies, you will have to click on this link again.
Data security
During the ordering process, your personal data will be encrypted and transmitted over the Internet using SLS. Credit card data is not stored, but is collected and processed directly by our payment service provider Stripe. We use technical and organizational measures to protect our online shop and other systems against loss, destruction, access, alteration or distribution of your data by unauthorized persons. Access to your customer account is only possible after entering your personal password. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.
Credit check and scoring
If we make an advance payment, for example when purchasing on account, we may obtain credit information from creditreform based on mathematical and statistical procedures to protect our legitimate interests. For this purpose, we transmit the personal data required for a credit check to creditreform (Hellersbergstraße 12, D-41460 Neuss) and use the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your concerns will be considered in accordance with the statutory provisions.
Submission of negative data
During the duration of the customer relationship, in cases permitted by law, we may transmit address and negative data to Creditreform, which, if there is a legitimate interest, provides creditworthiness information to third parties for credit check purposes based on mathematical and statistical procedures. Your concerns will be considered in accordance with the statutory provisions. Detailed information on how creditreform works can be found at www.creditreform.de .
Repetition of declarations of consent
You may have expressly given us the following consent(s) and we have recorded your consent. According to the Telemedia Act, we are obliged to have the content of consents available for retrieval at any time. You can revoke your consent(s) at any time with future effect.
- a) Permission for email advertising
I would like to receive news and exclusive offers by email. My email address will not be shared with other companies. I can revoke this consent to the use of my email address for advertising purposes at any time with effect for the future by clicking on the “Unsubscribe” link at the end of the newsletter.
Right to information and cancellation
According to the Federal Data Protection Act, you have the right to free information about the data we have stored about you and, if necessary, the right to correct, block or delete this data. You can also revoke any data protection consent you may have given at any time with effect for the future.
Contact person for data protection
If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data or revocation of consent given, please contact our data protection officer:
Vanessa Hofmann
Valley 21
80331 Munich
Email: info@themunichgrain.com
As of: April 2023
