General Terms and Conditions AGB

Funghi Farm Michael Korn
Tax number: ESX6921001
E-mail: info@funghi.es
Calle Malgrats 17, 07160 Paguera, Spain
Website: www.funghi.es

These terms and conditions apply to all transactions and services offered via the website www.funghi.es. By visiting our website or purchasing products, you agree to be bound by these terms and conditions.

Table of Contents

Content:

  • Article 1 – Definitions
  • Article 2 – Identity of the entrepreneur
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The contract
  • Article 6 – Right of withdrawal
  • Article 7 – Obligations of the consumer during the cooling-off period
  • Article 8 – Exercise of the right of withdrawal by the consumer and related costs
  • Article 9 – Obligations of the trader in the event of withdrawal
  • Article 10 – Exclusion of the right of withdrawal
  • Article 11 – The price
  • Article 12 – Compliance and additional guarantee
  • Article 13 – Delivery and execution
  • Article 14 – Permanent transactions: Duration, termination and renewal of the contract
  • Article 15 – Payment
  • Article 16 – Settlement of complaints
  • Article 17 – Disputes
  • Article 18 – Supplementary or derogating provisions
  • Article 19 – Amendment of the GTC

Article 1 – Definitions

The following definitions apply in these General Terms and Conditions:

  • Cooling-off period: The period within which the consumer can exercise his right of withdrawal.
  • Consumer: Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
  • Entrepreneur: Funghi Farm Michael Korn, Calle Malgrats 17, 07160 Paguera, Spain.
  • Distance contract: a contract in which the trader and the consumer exclusively use distance communication techniques.
  • Right of withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.

Article 2 – Identity of the entrepreneur

Funghi Farm Michael Korn
Calle Malgrats 17
07160 Paguera, Spain
Tax number: ESX6921001
E-mail: info@funghi.es

Article 3 – Applicability

These GTC apply to all distance selling contracts concluded via the website www.funghi.es between Funghi Farm Michael Korn and the consumer.

Article 4 – The offer

  • The offer contains a detailed description of the products on offer.
  • Errors in the offer do not bind the entrepreneur.
  • The consumer can place a binding order by clicking the “Order” button.

Article 5 – The contract

  • The contract is concluded as soon as Funghi Farm accepts the order by means of a confirmation e-mail.
  • Technical and organizational measures are taken to protect electronic data transmission.

Article 6 – Right of withdrawal

  • The consumer has the right to withdraw from the contract within 14 days without giving any reason.
  • The cooling-off period begins on the day on which the consumer or a third party receives the goods.

Article 7 – Obligations of the consumer during the cooling-off period

The consumer must handle the goods with care during the cooling-off period and may only use them to the extent necessary to test their properties and functionality.

Article 8 – Exercise of the right of withdrawal by the consumer

  • The revocation must be communicated to the entrepreneur in writing or via the sample revocation form within the cooling-off period.
  • The goods must be returned within 14 days.

Article 9 – Obligations of the trader in the event of withdrawal

The entrepreneur shall refund all payments, including delivery costs, within 14 days of receipt of the return shipment.

Article 10 – Exclusion of the right of withdrawal

The right of withdrawal does not apply to:

  • Sealed goods that cannot be returned for reasons of hygiene or health protection.
  • Tailor-made or personalized products.

Article 11 – The price

  • All prices include the statutory value added tax.
  • The consumer bears the shipping costs, unless otherwise agreed.

Article 12 – Compliance with the contract and additional guarantee

  • Funghi Farm guarantees that the products supplied comply with the contractual agreements.

Article 13 – Delivery and execution

  • Delivery shall be made to the address provided by the consumer.
  • The risk of loss or damage to the goods is transferred to the consumer upon delivery.

Article 14 – Duration transactions: Duration, termination and renewal

  • The consumer can terminate open-ended contracts with a notice period of no more than one month.

Article 15 – Payment

  • Payment is made via the payment methods offered, which are specified in the order process.
  • The consumer is obliged to immediately report any errors in the payment data provided.

Article 16 – Settlement of complaints

  • Complaints must be submitted in writing within 14 days and will be processed as quickly as possible.

Article 17 – Disputes

Spanish law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Article 18 – Supplementary or derogating provisions

Supplementary or deviating provisions must be in writing and must not be to the detriment of the consumer.

Article 19 – Amendment of the GTC

Amendments to these GTC shall only enter into force once they have been published in an appropriate manner.

Appendix I: Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

To:
Funghi Farm Michael Korn
Calle Malgrats 17, 07160 Paguera, Spain
E-mail: info@funghi.es

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

Ordered on:
Received on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper):
Date:

These GTC cover all essential aspects of online trading by Funghi Farm Michael Korn and can be adapted to specific requirements if necessary.

4o

Tú dijiste:

can you make the whole thing extremely detailed again . so cover everything there is. better safe than sorry 🙂

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Of course! Below you will find an extremely detailed version of the General Terms and Conditions (GTC) for Funghi Farm Michael Korn. This version covers all potential scenarios in online trading, especially for worldwide shipping and different legal requirements. In addition, all important legal framework conditions and contingencies have been comprehensively taken into account.

General Terms and Conditions (GTC) for Funghi Farm Michael Korn

Funghi Farm Michael Korn
Tax number: ESX6921001
E-mail: info@funghi.es
Calle Malgrats 17, 07160 Paguera, Spain
Website: www.funghi.es

Introduction
These General Terms and Conditions (GTC) govern all business relationships between Funghi Farm Michael Korn (hereinafter “the entrepreneur”) and the customers (hereinafter “consumer” or “customer”) that are transacted via the website www.funghi.es. By using this website or by ordering products, you agree to the terms and conditions below.

Contents

  • Article 1 – Definitions
  • Article 2 – Identity of the entrepreneur
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – Conclusion of the contract
  • Article 6 – Right of withdrawal
  • Article 7 – Obligations of the consumer during the cooling-off period
  • Article 8 – Exercise of the right of withdrawal and costs
  • Article 9 – Obligations of the trader in the event of withdrawal
  • Article 10 – Exclusion of the right of withdrawal
  • Article 11 – The price
  • Article 12 – Compliance and additional guarantee
  • Article 13 – Delivery and execution
  • Article 14 – Permanent transactions: Termination and renewal
  • Article 15 – Payment
  • Article 16 – Retention of title
  • Article 17 – Settlement of complaints
  • Article 18 – Liability
  • Article 19 – Disputes and applicable law
  • Article 20 – Data protection and security
  • Article 21 – Use of the website
  • Article 22 – Final provisions
  • Appendix I: Sample withdrawal form

Article 1 – Definitions

The following definitions apply in these GTC:

  • Cooling-off period: The period within which the consumer can exercise his right of withdrawal.
  • Consumer: Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
  • Entrepreneur: Funghi Farm Michael Korn, Calle Malgrats 17, 07160 Paguera, Spain.
  • Distance contract: a contract in which the trader and the consumer exclusively use distance communication techniques.
  • Right of withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.
  • Digital content: Data that is produced and provided in digital form.
  • Durable medium: any means – including e-mail – that enables the consumer or trader to store information in such a way that it can be accessed and reproduced unchanged for a certain period of time.
  • Sample withdrawal form: The form provided in Appendix I of these GTC, which the consumer can fill in to declare withdrawal.

Article 2 – Identity of the entrepreneur

Funghi Farm Michael Korn
Calle Malgrats 17
07160 Paguera, Spain
Tax number: ESX6921001
Phone: +34 622 737 939
Email: info@funghi.es
Website: www.funghi.es

The entrepreneur is responsible for the processing of personal data within the framework of the General Data Protection Regulation (GDPR) and other applicable laws.

Article 3 – Applicability

  1. These GTC apply to all offers made by the entrepreneur and to all contracts concluded between the entrepreneur and the consumer.
  2. By using this website or placing an order, the consumer agrees to the GTC.
  3. The entrepreneur reserves the right to amend the GTC at any time. The changes come into force as soon as they have been published on the website.
  4. Deviating conditions of the consumer are only recognized if the entrepreneur has agreed to their validity in writing.

Article 4 – The offer

  1. The offer contains a complete and detailed description of the products, digital content and services offered.
  2. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  3. All offers are subject to change and non-binding. The entrepreneur reserves the right to change or withdraw the offer at any time.
  4. All prices are inclusive of VAT, unless expressly stated otherwise.
  5. The offer contains clear information on any additional costs, such as shipping costs or taxes.

Article 5 – Conclusion of the contract

  1. The contract is concluded when the consumer accepts the trader’s offer by sending an order via the website and the trader accepts this order by sending an order confirmation.
  2. The consumer can place the products in the shopping cart before ordering and change the order at any time.
  3. As soon as the consumer completes the order, they will receive a confirmation email confirming receipt of the order. This does not constitute acceptance of the purchase offer.
  4. The contract is only accepted by a separate confirmation e-mail in which the acceptance of the offer or the dispatch of the goods is confirmed.
  5. The entrepreneur reserves the right to refuse orders at his own discretion, in particular if fraudulent actions or incorrect information are suspected.

Article 6 – Right of withdrawal

  1. The consumer has the right to withdraw from the contract within 14 days without giving any reason.
  2. The withdrawal period begins on the day on which the consumer or a third party receives the goods. In the case of partial deliveries, the period begins after receipt of the last delivery.
  3. In order to exercise the right of withdrawal, the consumer must inform the trader of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, e-mail).
  4. The consumer may use the model withdrawal form, but this is not obligatory.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer may only inspect the goods to the extent necessary to determine the nature, characteristics and functioning of the goods.
  2. The consumer is only liable for a loss in value of the goods if this is due to handling of the goods that goes beyond what is necessary.

Article 8 – Exercise of the right of withdrawal and associated costs

  1. To exercise the right of withdrawal, the consumer must send a clear statement to the trader within the cooling-off period.
  2. The consumer must return the goods to the trader no later than 14 days after the revocation.
  3. The consumer shall bear the direct costs of returning the goods, unless the entrepreneur has assumed these costs.
  4. The consumer shall not bear any costs for the return of digital content that was not delivered on a physical data carrier.

Article 9 – Obligations of the trader in the event of withdrawal

  1. The trader shall reimburse all payments made by the consumer, including shipping costs (with the exception of additional costs), no later than 14 days after receipt of the withdrawal.
  2. The trader shall use the same means of payment for the repayment as the consumer used for the original transaction, unless expressly agreed otherwise.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal in the following cases, provided that the trader has informed the consumer of this in good time:

  1. Delivery of goods that have been manufactured according to customer specifications or are clearly tailored to personal requirements.
  2. Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  3. Delivery of goods which, due to their nature, have been inseparably mixed with other goods.

Article 11 – The price

  1. The prices stated in the offers are inclusive of VAT.
  2. In addition to the product prices, shipping costs, customs duties, taxes or import fees may apply, depending on the consumer’s country.
  3. Price increases that take place within 3 months of the conclusion of the contract are not permitted unless they are the result of statutory regulations.
  4. The entrepreneur reserves the right to adjust the price if the value added tax changes.

Article 12 – Compliance with the contract and additional guarantee

  1. The entrepreneur guarantees that the goods and services comply with the contractual agreements.
  2. Any additional guarantees do not affect the consumer’s statutory rights.

Article 13 – Delivery and execution

  1. The entrepreneur shall deliver the goods immediately, but no later than 30 days after conclusion of the contract, unless a different delivery time has been agreed.
  2. The risk of damage or loss of the goods is transferred to the consumer upon delivery.
  3. Deliveries are made worldwide, provided there are no other restrictions.

Article 14 – Permanent transactions: Termination and renewal

  1. The consumer can terminate open-ended contracts at any time with a notice period of one month.
  2. The employer may not tacitly extend fixed-term contracts unless the extension is for a maximum of three months.

Article 15 – Payment

  1. The available payment methods are displayed during the ordering process. The consumer can pay by credit card, PayPal, bank transfer or other methods offered.
  2. The consumer is obliged to pay the amounts due within the specified period.
  3. If the consumer defaults on payment, the entrepreneur is entitled to charge interest on arrears and any reminder costs.

Article 16 – Retention of title

The goods remain the property of the entrepreneur until full payment has been made.

Article 17 – Settlement of complaints

  1. Complaints should be sent to the contact address of the entrepreneur given above.
  2. The entrepreneur will process incoming complaints within 14 days and offer a solution.

Article 18 – Liability

  1. The entrepreneur shall only be liable for intent and gross negligence.
  2. Liability for slight negligence is limited to foreseeable damages typical for the contract.

Article 19 – Disputes and applicable law

  1. Spanish law applies to all contracts to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. Consumers can assert their claims before the competent court at their place of residence.

Article 20 – Data protection and security

  1. The entrepreneur undertakes to treat the consumer’s personal data confidentially and to use it only in accordance with the statutory provisions.
  2. Further information can be found in our privacy policy on the website.

Article 21 – Use of the website

  1. The contents of the website are protected by copyright. The consumer may only use the content for personal purposes.
  2. The entrepreneur is not liable for any damages arising from the use of the website.

Article 22 – Final provisions

  1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
  2. The entrepreneur reserves the right to amend these GTC at any time. The currently valid version will be published on the website.

Appendix I: Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

To:
Funghi Farm Michael Korn
Calle Malgrats 17, 07160 Paguera, Spain
E-mail: info@funghi.es

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

  • Ordered on:
  • Received on:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only for notification on paper):
  • Date:

These extremely detailed terms and conditions now cover virtually all relevant legal and practical aspects of Funghi Farm’s international online trade. They are tailored to the use of modern e-commerce tools and worldwide deliveries.

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