Terms and Conditions
§ 1 SCOPE AND PROVIDER
(1) These terms and conditions apply to all orders you make as a consumer at Ancora gGmbH (hereinafter: Ancora), in their version valid at the time of the order.
(2) Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. The inclusion of a customer’s terms and conditions, which contradict our terms and conditions, is hereby assertively rejected.
(3) Contract languages are German and English.
(4) You can view the current terms and conditions on the following website:
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of goods in our shop does not represent a binding offer.
(2) Only by clicking the button “Buy Now” you give a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This acknowledgment of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase agreement is only concluded if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior explicit declaration of acceptance.
(5) Orders are only possible in household quantities, unless otherwise agreed upon.
§ 3 PRICES
The prices stated on the product pages contain the statutory value-added tax and other price components for domestic sales except for shipping costs. Additional charges such as customs duties and value-added tax may apply when shipping to non-EU countries. These charges are not covered by the shipping charges.
§ 4 VOUCHERS
- Our gift-vouchers are applicable to all products.
- The voucher can be applied in the shopping cart.
- You can only use one voucher per order.
- When you order an e-voucher, you usually receive it on the same working day – free of shipping costs of course.
- For gift cards, the general delivery conditions apply.
- Vouchers can only be applied to new orders.
- If the voucher value is not fully utilised on checkout, its residual value expires.
- The voucher value can not be paid in cash.
- The voucher is valid for one year from the date of purchase.
§ 5 TERMS OF PAYMENT & DELAY
(1) We offer the following payment options:
- Credit card
(2) If you choose the payment method “Prepayment”, you will receive our bank account information in the order confirmation. The invoice amount must be transferred to our account within 10 days after checkout. Otherwise the contract is considered canceled.
(3) When paying by credit card, the purchase price is charged at the time of the order.
§ 6 OFFSETTING / RIGHT OF RETENTION
(1) A right to set-off is only granted to you if your claim has been legally established or is not denied by us.
(2) You can only exercise a right of retention if your claim is based on the same contractual relationship.
§ 7 DELIVERY
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) If not all ordered products are in stock, we are entitled to partial deliveries as far as this is reasonable for you. Any deadlines begin with the receipt of the last partial delivery.
(3) When ordering loose goods, i. goods which are weighed individually, there may be deviations in quantity. The price to be paid is determined on the basis of the basic price. The basic price is expressed in EUR per unit of measure (for example EUR per 100g). The price to be paid by the customer then refers to the actually weighed quantity. This may lead to slight differences between the price quoted in the shop when the order is placed and the actual invoice price. However, we always try to keep such a deviation as low as possible.
(4) The delivery of ordered goods is subject to the availability of the goods. If these are not available at the time of order, the orderer will be notified of the expected delivery date and the order will be placed on hold. As soon as the goods are in stock, the shipment will be sent to you without any further notification. In the case of non-availability, in particular because a limited stock of goods marked as such (for example, seasonal coffee) is exhausted, the orderer will be informed by us. Already paid costs will be refunded immediately.
§ 8 RETENTION OF TITLE
(1) The goods remain our property until full payment of the purchase price.
(2) If you are a business person within the meaning of § 14 BGB, the following applies in addition:
- We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
- The goods may not be sold by you in the ordinary course of business. In this case, you are already assigning to us all receivables in the amount of the invoice amount which you are entitled to from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to meet your payment obligations properly, we reserve the right to collect claims ourselves.
- In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
- We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.
§ 9 CANCELLATION POLICY
In the event that you are a consumer within the meaning of § 13 German Civil Code (BGB), ie. you purchase the goods for purposes which are predominantly not attributable to your commercial or self-employed activities, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has possessed the goods.
In order to exercise your right of withdrawal, you must contact us (Ancora gGmbH, Heilbronner Str. 150, 70191 Stuttgart, Tel: +49 (711) 128 969-40, email@example.com, registered in the commercial register of the Stuttgart District Court: HRB 758127, represented by Robert Rogers (managing director), VAT Identification Number: DE-308947866) by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same payment you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for these repayment fees. We can refuse the repayment until we have received the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation. The time limit is met if you send the goods before the expiry of the period of 14 days. You bear the direct costs of returning the goods. You must pay for a possible loss of value of the goods only if this loss in value is attributable to a handling which is not necessary for the examination of the quality, characteristics and functioning of the goods.
Model Withdrawal Form
(If you want to cancel the contract, please fill in this form and send it back.)
Heilbronner Str. 150
Tel: +49 (711) 128 969-40
– 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 when notified on paper)
(*) Delete as appropriate.
End of revocation
(1) The right of withdrawal does not apply in the case of the delivery of goods which are not prefabricated and whose manufacture is based on an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer, when delivering goods that quickly spoil or their date of expiry would be quickly exceeded, in the case of the delivery of sealed goods which are not suitable for return on grounds of health or hygiene, if their seal has been removed after delivery or when goods have been mixed with and have become inseparable from other goods after delivery due to their nature.
(2) Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate packaging for adequate protection against transport damage in order to avoid claims for damages due to defective packaging.
(3) Please contact us before returning the goods to announce the return. This enables us to assign the products as quickly as possible.
(4) Please note that the procedures set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.
§ 10 DAMAGE IN TRANSIT
(1) If goods are delivered with obvious transport damages, please report such faults immediately to the delivery person and please contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, you will help us to claim our own claims against the freight carrier or the transport insurance.
§ 11 WARRANTY
(1) Unless explicitly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of limitation for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is possible at first and on which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages which are based on an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:
- Only our own data and product descriptions of the manufacturer are binding for the quality of the goods, but not public promises and utterances and other advertisement of the manufacturer.
- You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The punctual sending is sufficient to meet the deadline. This also applies to later discovered defects hidden from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify.
- In the event of defects, we shall, at our discretion, make a warranty by repair or replacement (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs arising from the shipment of the goods at a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may demand reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 12 LIABILITY
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for minor negligence in the case of damage resulting from injuries to life, body and health of persons.
(2) Otherwise the following limited liability shall apply: In the case of slight negligence, we shall be liable only in the event of a breach of a fundamental contractual obligation, which is the fulfillment of which the regular implementation of the contract is permitted at first and which you may regularly rely on. The liability for slight negligence is limited to the damages foreseeable at the conclusion of the contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 13 FINAL PROVISIONS
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
(2) Any contracts between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising from or in connection with contracts between us and you is Stuttgart.
LIABILITY FOR CONTENT
As a service provider, we are responsible for our own content on these pages according to the general laws in line with § 7 par. 1 TMG. According to §§ 8 to 10 TMG, however, we as service providers are not obliged to monitor transmitted or stored third-party information or to investigate circumstances which indicate an illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. Liability in this respect, however, is only possible from the time of knowledge of a concrete infringement. If we become aware of any such infringements, we will immediately remove such content.
LIABILITY FOR LINKS
Our website contains links to external websites of third parties on whose content we have no influence. Therefore, we can not assume any liability for these third-party contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete indications of an infringement. If we become aware of legal violations, we will immediately remove such links.
The content and works created by the site operators on these pages are subject to German copyright law. The copying, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. Insofar as the contents on this page were not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. If you are nevertheless aware of a copyright infringement, we ask for a corresponding note. If we become aware of legal violations, we will immediately remove such content.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.