Terms and conditions
General Terms and Conditions, with customer information added
Table of contents
- Applicability
- Conclusion of contract
- Right of withdrawal
- Prices and conditions of payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Special stipulations for processing goods according to customer specification
- Redeeming sales campaign vouchers
- Redeeming gift vouchers
- Applicable law
- Court of jurisdiction
- Alternative dispute resolution
1) Applicability
Please note: The English translation exclusively serves informational purposes; solely the original German version is legally binding.
1.1 These General Terms and Conditions (called "terms and conditions" in the following) of NatureHolic GmbH (called "seller" in the following) apply to any and all contracts on the delivery of goods closed by an end user or entrepreneur (called "customer“ in the following) with the seller regarding the goods presented by the seller in his online shop. We hereby explicitly contradict any and all conditions by the customer, unless otherwise agreed.
1.2 For contracts on the delivery of vouchers, these terms and conditions apply correspondingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these terms and conditions is any natural person concluding a legal transaction with a purpose that cannot be attributed to their commercial or independent professional activities in its majority. An entrepreneur in the sense of these terms and conditions is any natural or legal person or joint partnership with legal capacity that executes a legal transaction within the framework of their commercial or independent professional activities.
2) Conclusion of contract
2.1 The product descriptions displayed in the seller's online shop are not to be understood as a binding offer by the seller but serve the purpose of enabling the customer to submit a binding offer.
2.2 The customer can submit their offer via the online order form integrated in the seller's online shop. In doing so, the customer places the goods of their choice into the virtual shopping cart and follows the electronic order process, and by clicking on the final button that concludes the order process they submit a legally binding contract offer regarding the goods in their electronic shopping cart. Furthermore, the customer may use email or a phone call to submit said offer to the seller.
2.3 The seller can accept the customer's offer within five days
· by sending the customer an order confirmation in writing, on paper or in the form of a fax or email. The point in time the order confirmation has reached the customer is relevant. Or
· the seller delivers the goods ordered to the customer. The point in time the goods have reached the customer is relevant. Or
· the seller sends the customer a payment request after the submission of the order.
Should several of the alternatives mentioned above be true, the contract is considered as concluded at the time when one of the alternatives mentioned above comes into effect first. The period for acceptance of the offer starts on the day after the offer was submitted by the customer, and it is finished at the end of the fifth day after the submission of the offer. If the seller does not accept the customer's offer inside the period of time stipulated here, the order is to be considered rejected. As a consequence, the customer shall no longer be obliged to abide by the declaration of their interest.
2.4 When the customer submits their order via the online order form provided by the seller, the contractual text will be stored by the seller after the conclusion of contract and transmitted to the customer after submission of his order in the form of a text (e. g. via email, fax, or letter). The text of the contract will not be made accessible any further by the seller. If the customer has set up a customer account with the seller's online shop, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account when the respective login data have been entered.
2.5 Before the binding submission of the order via the online order form provided by the seller, the customer can locate possible input errors by reading the information displayed on the screen carefully. The enlarging function of the browser is a highly suitable technical tool that can greatly help with error location as it enlarges the screen image. The customer can correct their input during the electronic order process with standard key and mouse functions as long as they have not yet pressed the button finalizing the order process.
2.6 For the conclusion of contract, German and English are language options.
2.7 Information about the order process and general contact usually take place by email and via automated order processing. The customer is bound to make sure the email address they gave during the order process is valid so they can receive the emails sent by the seller under said email address. The customer is bound, in particular, to make sure that all the emails sent by the seller or by third parties the seller has instructed with processing the order can be received properly when spam filters are used.
3) Right of withdrawal
3.1 In general, consumers have the right of withdrawal.
3.2 For further information on the right of withdrawal, please turn to the seller's withdrawal information.
4) Prices and conditions of payment
4.1 Unless not otherwise provided in the seller's product description, all prices listed are to be understood as total prices, VAT included. Packaging and delivery fees are cited separately in the product description.
4.2 For deliveries in countries outside the European Union, in some cases further fees may become due that are not the seller's responsibility and will therefore be charged to the customer, like for example money transfer fees imposed by credit service companies (like fees for bank transfers or exchange fees) or costs or taxes within the framework of the import (for example customs duty). Such fees may even accrue if the goods themselves aren't delivered to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) is/are displayed to the customer in the seller's online shop.
4.4 If as payment method, prepayment by bank transfer has been agreed upon, payment has to be made immediately after the conclusion of the contract, unless the parties involved have agreed upon a later due date.
4.5 If "SOFORT“ is chosen as payment method, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany, (called "SOFORT“ in the following). In order to pay the amount due via "SOFORT“, the customer needs an online banking account authorized for participation in the services of "SOFORT“. The customer needs to legitimize themselves when making payment and confirm the payment order with "SOFORT“. Immediately after authorization, "SOFORT“ will carry out the payment transaction and charge the customer's bank account with the amount. For further information about the payment method "SOFORT“, please go to the Internet pages of https://www.klarna.com/sofort/.
5) Delivery and shipping terms
5.1 Goods are delivered by dispatch to the delivery address given by the customer, unless otherwise agreed. When the transaction is processed, the delivery address given by the customer during the order process is binding. Apart from that, if PayPal is chosen as payment method, the delivery address specified with PayPal at the moment of payment is applicable.
5.2 If the goods cannot be delivered for reasons in the customer's responsibility, the customer will recompense the seller for any and all cost incurred for the delivery. If the customer makes use of his right of withdrawal effectively, this does not apply to costs for shipment to the customer. With regard to the costs for returning the goods, in the case of an effective withdrawal by the customer, the regulation stipulated in the withdrawal instructions shall be valid.
5.3 The seller reserves the right to withdraw from the contract if the goods aren't delivered properly or correctly. This only applies if this failure to deliver isn't within the seller's responsibility and that the seller has concluded a concrete cover transaction with the supplier with the due care and diligence of a prudent business person. The seller will undertake all reasonable efforts to get the goods. If the goods remain unavailable or only partially available, the seller will immediately inform the customer and refund them as a return service.
5.4 If the customer collects the goods themselves, the seller will inform them beforehand via email that the goods they ordered are ready for pick-up. After receiving this email, the customer can pick up the goods on agreement with the seller at the seller's location of business. In this case, no transport fees are charged.
5.5 Vouchers will reach the customer in the following form:
· via email
· via letter
6) Retention of title
If the seller has to pay in advance, he reserves the right of property to the goods delivered until the purchase price has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased goods are faulty, the current legal provisions regarding liability for defects are valid.
7.2 If the customer acts as consumer, they are asked to lodge a complaint about goods delivered with obvious damages suffered during transport with the carrier and to inform the seller thereof. Should the customer fail to do so, this has no effect on their legal or contractual claims for defects.
8) Special stipulations for processing goods according to customer specification
8.1 If the seller is, according to the contractual content, held not only to deliver the goods but also to process them after particular specifications made by the customer, the customer must provide the seller with all content related to this task, like texts, photos or illustrations in the data format, formatting, picture or file sizes stipulated by the seller, and to concede the rights of usage necessary in this context. The customer is the sole person responsible for procurement and the acquisition of rights to this content. The customer declares that he owns the right to use the content handed over to the seller in this respect, and assumes full responsibility. The customer needs to make sure especially that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer releases the seller from any claims made by third parties that could be raised towards him regarding an infringement of their rights through the contractual use of the customer's content by the seller. The customer covers the reasonable costs of any legal defense necessary on this behalf, including all attorney fees and court costs at the statutory rate. This does not apply if the customer cannot be held liable for the infringement of rights in dispute. The customer is held to provide the seller with any and all information relevant to reviewing the claim and defending themselves immediately, truthfully and completely if any third parties lodge such a claim.
8.3 The seller reserves the right to refuse orders for goods that need processing if the content provided by the customer violates the law or official prohibitions or is immoral. This applies especially but not exclusively to content that is anti-constitutional, racist, xenophobic, discriminating, offensive, liable to corrupt the young, and/or glorifies violence.
9) Redeeming sales campaign vouchers
9.1 Vouchers with a specific date of validity handed out by the seller free of charge within the framework of marketing activities and that cannot be bought by the customer (called "sales campaign vouchers" in the following) can only be used in the seller's online shop and only inside the specified campaign period.
9.2 Sales campaign vouchers can only be used by consumers.
9.3 Individual products may be excluded from a voucher-based sales campaign, insofar as such a limitation can be concluded from the content of the sales campaign voucher.
9.4 Sales campaign vouchers can only be used before the order process is completed. After the order has been finalized the voucher cannot be redeemed.
9.5 Only one sales campaign voucher can be redeemed per order.
9.6 The value of the goods ordered must be at least as high as the value of the sales campaign voucher. The seller will not refund the consumer for any left-over voucher credit.
9.7 If the value of the sales campaign voucher does not suffice to pay for the entire order, one of the standard sales methods offered by the seller can be used to pay for the difference.
9.8 The credit of a sales campaign voucher can neither be paid out in cash nor does it bear interest.
9.9 The sales campaign voucher will not be reimbursed if the customer returns the goods paid for entirely or in part with the sales campaign voucher as they exercise their legal right to withdrawal.
9.10 The sales campaign voucher is transferrable. The seller can redeem the voucher with debt-discharging effect to any holder who uses the sales campaign voucher in the seller's online shop. This does not apply if the seller is in the know or is grossly negligent of ignorance that the holder of the voucher in question has no right to redeem the voucher, is legally incompetent or does not have any right of representation of the rightful owner of the voucher.
10) Redeeming gift vouchers
10.1 Vouchers that can be bought in the seller's online shop (called "gift vouchers" in the following) can only be redeemed in the seller's online shop, unless stipulated otherwise in the text on the voucher.
10.2 Gift vouchers and left-over gift voucher credit can be redeemed until the end of the third year after the year in which the gift voucher was bought. Left-over gift voucher credit can be credited to the customer as long as the gift voucher is valid.
10.3 Gift vouchers can only be used before the order process is completed. After the order has been finalized the voucher cannot be redeemed.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods, not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher does not suffice to pay for the entire order, one of the standard sales methods offered by the seller can be used to pay for the difference.
10.7 The credit of a gift voucher can neither be paid out in cash nor does it bear interest.
10.8 The gift voucher is transferrable. The seller can redeem the voucher with debt-discharging effect to any holder who uses the gift voucher in the seller's online shop. This does not apply if the seller is in the know or is grossly negligent of ignorance that the holder of the voucher in question has no right to redeem the voucher, is legally incompetent or does not have any right of representation of the rightful owner of the voucher.
11) Applicable law
Any and all legal relations of the parties involved fall under the jurisdiction of the Federal Republic of Germany, with exclusion of the laws on international purchase of movable goods. This choice of law only applies to consumers insofar as the protection granted is not removed through mandatory provisions of the jurisdiction of the state in which the consumer has their habitual residence.
12) Court of jurisdiction
If the customer acts as a merchant, a legal entity under public law or special fund under public law with their registered office located in the territory of the Federal Republic of Germany, the exclusive court of jurisdiction for any and all disputes resulting from this contract is the seller's registered office. If the customer's registered office is located outside of the territory of the Federal Republic of Germany, the seller's registered office is the exclusive court of jurisdiction for any and all disputes resulting from this contract if said contract or claims resulting thereof can be attributed to the customer's commercial or professional activities. In any case, the seller is entitled to address the local court at the customer's registered office in the cases stipulated above.
13) Alternative dispute resolution
13.1 The EU Commission offers an online platform for resolving disputes on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes resulting from online sales or service contracts where at least one of the parties is a consumer.
13.2 The seller is not compelled to participate in a dispute settlement before a consumer arbitration board, but ready to do so.
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Version: 202110300710
