General Terms and Conditions (GTC)
Version of 02.02.2022
The following GTC also contain legal information about your rights under the regulations for contracts in distance selling and electronic commerce.
Bundesverband Freier Tankstellen und unabhängiger deutscher Mineralölhändler e.V. (bft)
Ippendorfer Allee 1d
D-53127 Bonn
Tel. +49 (0)228 / 91029-44
Fax +49 (0)228 / 91029-45
Mail: bonn@bft.de
Represented by the Chairman of the Board: Duraid El Obeid
Managing Directors: RA Stephan Zieger, Daniel Kaddik
Head of Main Office: Sarah Schmitt
1. Scope of Application
1.1 These general terms and conditions apply to all business relationships between efuel-today.com and aktion.efuel-today.com (operated by Federal Association of Independent German Petroleum Retailers (bft), Ippendorfer Allee 1d, D-53127 Bonn, hereinafter referred to as eFUEL-TODAY) and consumers and entrepreneurs, hereinafter referred to as customers, regarding products and promotional materials on efuel-today.com.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his/her commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the course of his/her commercial or self-employed professional activity when entering into a legal transaction.
1.3 If the customer, acting as an entrepreneur, uses opposing or supplementary general terms and conditions, they will only become part of the contract if eFUEL-TODAY has expressly agreed to them.
2. Contractual Partner and Contact Details (Consultations, Complaints)
2.1 Federal Association of Independent German Petroleum Retailers (bft), represented by the Managing Director: Attorney Stephan Zieger
2.2 The processing of orders placed in the online shop at aktion.efuel-today.com, the dispatch of media, and the processing of payment transactions are carried out by an external shipping service provider. For the purpose of shipping, the shipping service provider receives the necessary customer data such as first and last name, street, city, and postal code.
2.3 For consultations regarding the offer, inquiries about your order (such as shipping status), or in case of problems with the delivery (such as complaints), or for payment transactions for orders on eFUEL-TODAY, you can contact us via email from Monday to Friday 09.00 a.m. – 5.00 p.m at info@efuel-today.com. To ensure that your request can be processed quickly, please always provide your order details (name and address or order number or invoice number).
3. Vertragsschluss and Ordering Process
3.1 The presentation of products on the online shop at aktion.efuel-today.com as well as on other advertising materials (e.g. flyers or static web pages) is not a legally binding offer, but an invitation to place an order.
3.2 Orders must be placed via the online shop at aktion.efuel-today.com. You can add one or more items to the shopping cart by clicking the “Add to Cart” button. By clicking the “Submit Order” button (for free orders), you place a binding order for the items contained in the shopping cart. Subsequently, you will receive an order confirmation by email, which, however, does not constitute acceptance of the offer, but merely confirms the receipt of the order. The purchase agreement is only concluded with the delivery of the ordered items.
3.3 Telephone orders cannot be accepted.
3.4 The contract text is stored in our system. You can view the terms and conditions at any time at aktion.efuel-today.com/agb. The order data and the terms and conditions will also be sent to you by email when ordering in the online shop.
4. Restrictions on Use
4.1 The products and promotional materials ordered from eFUEL-TODAY are intended solely for personal use. Commercial use (e.g. resale) is not permitted.
5. Delivery Times, Shipping Costs, and Delivery Terms
5.1 Delivery is only possible within Germany with Deutsche Post or DHL. The delivery time is up to 14 working days from the shipping confirmation by email. Any deviations from the delivery times will be indicated on the respective product page.
6. Payment Terms
6.1 Payment can be made by advance payment or cash on delivery, if the ordered items are chargeable. If you choose the payment method advance payment, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
7. Retention of Title
7.1 The goods remain our property until full payment is received.
10. Warranty
10.1 The statutory warranty rights apply.
11. Right of Withdrawal
Cancellation Policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (aktion.efuel-today.com, eFUEL-TODAY) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but it is not mandatory. To comply with the withdrawal period, it is sufficient to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form:
If you want to cancel the contract, please fill out this form and send it by post to Bundesverband Freier Tankstellen und unabhängiger deutscher Mineralölhändler e.V. (bft), Ippendorfer Allee 1d, D-53127 Bonn, or by email to aktion@efuel-today.com.
I/we () hereby give notice that I/we () cancel my/our () contract of sale of the following goods ()/for the provision of the following service (*)
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
12. Liability
12.1 We are always liable without limitation for claims arising from damages caused by eFUEL-TODAY or our vicarious agents in the following cases:
– in case of injury to life, body or health,
– in case of intentional or grossly negligent breach of duty,
– in case of guaranteed promises, if agreed,
– to the extent that the scope of the Product Liability Act is opened.
In the event of a breach of material contractual obligations due to slight negligence on the part of eFUEL-TODAY or our vicarious agents, liability shall be limited to the foreseeable damage that was typical for the contract at the time of conclusion of the contract and with respect to whose occurrence you can typically expect. Material contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance you can regularly rely. Otherwise, claims for damages are excluded.
13. Applicable law, jurisdiction, dispute resolution
13.1 The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and eFUEL-TODAY is the registered office of the website operator of eFUEL-TODAY.
13.3 Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS) which can be accessed at https://ec.europa.eu/consumers/odr. We prefer to resolve your concerns through direct communication with you and therefore do not participate in consumer dispute resolution proceedings. Please contact us directly with any questions or issues.
14. Data protection
14.1 Detailed information on data protection can be found in our privacy policy.
15. Severability clause
15.1 If any provision of these terms and conditions of participation and use is or becomes invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, an effective provision shall be deemed agreed which comes economically closest to what the parties intended.
