Terms and Conditions

 

 

Terms and Conditions of herbs-and-more.eu

 

 

 

1. Scope and field of application

The general terms and conditions apply to all contracts between the customer and the seller that concern the delivery of goods presented in the online store. Individual conditions on the part of the customer are invalid, if not specifically agreed upon.

Consumers in the sense of our general terms and conditions is every natural person that secludes a legal transaction not intended for commercial purposes. A businessman in the sense of our general terms and conditions is a natural or juridicial person aswell as a partnership with legal capacity, that secludes a legal transaction intended for commercial purposes.

 

 

Contract formation

The product descriptions presented in the onine store are no binding offers from the seller, but serve the purpose of making a binding offer to buy from the customer.

The seller can accept the offer (made by the customer) by sending the goods to the customer. What counts here is the arrival of the goods at the customers choosen location. The acknowledgement can also come in the form of a demand of payment from the seller.

If there is more than one alternative in a specific case, the contract comes into existence at the point of time when the first alternative was used by the seller. The period of time in which the seller can accept the binding offer (for buying goods, from the side of the customer) begins at the same day of the sent binding offer by the customer and ends after the fifth following day. If the seller does not accept the binding offer in the stated period of time, the binding offer was rejected and no contract comes into existence. In this case, the customer is free from his binding offer.

The customer has also the choice to sent an binding offer via e-mail, letter or online contact form.

The order progressing and contact between seller and customer will normally be done via e-mail and automatic order progressing. The customer is obligated to make sure the e-mail adress he uses for order progressing is correct, in order that the e-mails sent by the seller arrive at the right destination. The customer is also obliged to make sure, that spam filters do not interfere with the progress.

When a customer makes an order to buy goods which are reserved for groups above a certain legal age, he validates his proper age automatically by making a binding offer to buy them. He is automatically obliged to make sure that he himself, or another person of proper age gets the delivered goods handed over.

 

 

Right of withdrawal

Consumers have inherently a right of withdrawal. Details for the right of cancellation can be found in the cancellation policy of the seller.

 

 

Prices and conditions of payment

If not stated otherwise (as for example, in the product description), the prices of the offered goods are all-in prices. All prices exclude sale taxes, and sale taxes will not be raised (small entrepreneurs to section 19 UStG, german law). Prices also do not include shipping fees. Shipping fees will be listed in the product description or in the general section for information on shipping and shipping costs.

There can be additional costs for deliveries into countries outside of the european union which the customer will have to pay. These costs can include as for example fees coming into existence by the process of sending money through credit institutions, or import duties. These costs can also come into existence, when the customer choose a delivery destination in the european union but sent payment from a location outside of the european union.

The methods of payment are to be found in the section for shipping- and payment information. If bank transfer is choosen as a method of payment, the payment will be due at the point of time the contract comes into existence, if not made out otherwise.

 

 

Shipping terms

The goods will be delivered to the adress the customer named, if not otherwise areed upon.

The customer has to pay the  costs of failed delivery if the carrying business sends the goods back to the seller because a delivery was not possible. This does not apply if the customer makes use of his right og withdrawal, or if the customer cannot be hold accountable for the failed delivery.

 

 

Coupons

Coupons will be sent via e-mail, letter or included in a shipment of goods.

 

 

Reservation of ownership

The seller remains in complete ownership of the goods until the full price of the goods was paid.

 

 

Late payment

The buying price is due immediately and to be made without substractions.

In the case of late payment, the seller will have the right to charge default interest of 5% above the base interest rate given out by the german central bank. The enforcement of possible additional charges will not be touched by this.

 

 

Default in acceptance

If the customer comes into default of acceptance or violates other cooperation duties, we have the right to collect the monetary sum of the resulting harm. In this case, beginning at the point of time where the default of acceptance comes into existence, the danger of an accideltal loss of the goods will also have to be accounted towards the customer, and he will have to pay for it if it should occur.

 

 

Warranty

If the goods are defficient, the customer has the right to make use of the laws of warranty. Deviant from this, the period of limitation for claims of defect for used goods spans one jear beginning at the point of time where the goods were delivered.

The customer is requested to reclaim goods which were obviously damaged by the process of delivery through a third party (as for example, a delivery firm), not from the seller but from the third party responsible for the damage. If the customer does not follow this request, he will still have his legal rights of claim of defects.

 

 

Redemption of coupons

Coupons, which were handed out by the seller for free (coupons that also cannot be acquired with money), and which are only valid during a certain period of time, can only be redempted in the online store of the seller in the given period of time. Coupons can only be redempted before the completion of the order progress. A later redemption is not possible.

Only one coupon can be used per order. Possible remaining deposit on the coupon will automatically become invalid after one.time use of said coupon. If the coupons value is not sufficient to pay for the whole order, the customer has to pay the rest through the usual means of payment offered by the seller. The value of a coupon will not be given out in monetary value not will interest be paid for it.

The Coupon will not be refunded when the customer makes use of his right of withdrawal concerning the goods partly or wholly acquired with the coupon.

 

 

Applicable law

For all legal relationships of the involved parties applies the law of the Federal Republic of Germany under exclusion ofthe international laws of the purchase of moveable goods. This applies to consumers on to the degree, that notthe granted legal protection of the state, in which the consumer has his permanent residence, is violated.