- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Modes of Payment
- Retention of Title
- Material defect warranty and guarantee
- Storage of the contract text
- Final provisions
1.1. For the business relationship between The Herbal Lore, owner: Jennifer Sindermann, Postfach 31 05 32, 04229 Leipzig, Germany and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can contact us for questions, complaints and complaints via email at email@example.com or via our contact form.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. All offers are valid “while stocks last”, unless something else is noted for the products. Incidentally, errors remain reserved.
3. Order process and conclusion of contract
3.1. The customer can select products non-bindingly from the seller’s range and collect them in a so-called shopping cart using the “add to cart”-button. The product selection can be changed within the shopping cart, e.g. be deleted. The customer can then use the “proceed to checkout”-button in the shopping cart to complete their order.
3.2. The customer submits a binding application to purchase the goods with the button “place binding order” in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with a red asterisk (*).
3.3. The seller then sends an automatic confirmation via email to the customer in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer, hands it over or dispatches it within 2 days, when the seller has confirmed the customer within 2 days with a second email and an explicit order confirmation, or when sending the invoice.
3.4. If the seller offers prepayment, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the result that the order becomes invalid and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website are VAT exempted according to UStG §19.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page (Shipping & Delivery) and during the ordering process.
5. Delivery, availability of goods
5.1. If prepayment has been agreed on, delivery will be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. If applicable, payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods during the ordering process and before completing the order. Customers are informed about the available means of payment on a separate information page (Payment Methods).
6.2. If third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.3. In the event the payment date is determined by the calendar, the customer shall also fall into arrears without a reminder. In this case the customer has to pay the statutory default interest.
6.4. The customer’s obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.5. The purchaser has the right for accumulation only, if his counterclaims have been declared to be legally binding, indisputable or if they have been accepted by us. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Material defect warranty and guarantee
8.1. The guarantee is based on statutory provisions.
8.2. The goods delivered by the seller are only guaranteed if this has been expressly given. Customers will be informed of the warranty conditions before initiating the order process.
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, regardless of the other statutory entitlement requirements.
9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends an order confirmation to the customer with all order data to the email address provided by them. With the order confirmation, but no later than with the delivery of the goods, the customer will also receive a copy of the terms and conditions, along with the cancellation policy and information on shipping and delivery costs, and payment conditions. If you have registered at our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, legal entity under public law or public law special fund.
11.2. The contract language is English.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.