General terms and conditions
General terms and conditions of Belladonna LebensArt, Winterhuder Marktplatz 7b, 22299 Hamburg, hereinafter referred to as "Belladonna LebensArt", apply to all contracts, deliveries and other services.
§ 1 General
- We - Belladonna LebensArt, Winterhuder Marktplatz 7b, 22299 Hamburg - deliver exclusively under the following delivery and payment conditions. We reject business and purchasing conditions set by the customer.
- Our offers are subject to change. The results of the analysis of our products are subject to the usual fluctuations of natural products, unless we issue a guarantee expressly and in writing. We reserve the right for technical alterations and alterations in the shape, flavour, recipe, packaging, size, colour and/or weight within the bounds of reason.
- The depiction of products in the online shop does not represent a legally binding guarantee, but rather non-binding information from an online catalogue. By clicking on the "Buy“/"Commit to order“, you are making a binding order of the items in your shopping cart. Confirmation of the receipt of your order and the acceptance of your order is given immediately after confirmation via an automated email. This email confirmation means that the sale contract has been agreed.
- The contractual language is German.
§ 2 Contracting party
- The contracting party for the customer is Belladonna LebensArt, Winterhuder Marktplatz 7b, 22299 Hamburg. Sales resulting from online orders over the Internet or other online services such as eBay mean sales contracts concluded in accordance with §433 of the terms and conditions.
§ 3 Deviating conditions for the Customer
- In the contract between the customer and "Belladonna LebensArt", only our terms and conditions shall apply. To the extent that the customer's terms and conditions fully or partially deviate from these, they will not be terms of the contract, even if they have not been expressly refused. This only applies if "Belladonna LebensArt" has agreed expressly in writing to the customer's deviating terms and conditions.
§ 4 Cancellation
See Cancellation Policy
§ 5 Liability provisions
- We are not liable for damages which do not originate from the item itself and for financial losses to the customer. Furthermore, we accept liability only when we, our legal representatives or agents have acted deliberately or in gross negligence, or are culpable for breaches of major contractual obligations. For culpable breaches of major contractual obligations, liability is restricted to compensation for typical foreseeable damages. These exemptions of liability do not apply to personal injury or bad faith, provided that we have assumed a written guarantee and in the case of a compulsory legal liability.
§ 6 Data protection
§ 7 Delivery times
- If we are late in making delivery and the customer has left us a reasonable period of time, the latter may withdraw from the contract. Damages claimed by customers for the breach of obligations are impossible unless we or our agent have acted negligently or intentionally.
- Unforeseen events for which we are not responsible (e.g. power shortages, delays in the delivery of essential parts or other materials, import difficulties, business and traffic disruptions, strikes, lock-outs and force majeure) prolong the delivery time. If we cannot make the delivery after a reasonable amount of time, both the customer and ourselves are entitled to withdraw from the contract. Damage claims by customers are excluded.
§ 8 Shipment and transfer of risk
- Shipment from the factory or warehouse is at the expense of the customer. We determine the shipment route and method. We are only required to take out travel insurance on the explicit and written instructions of customers, and the costs of the insurance are borne by the customer. The shipment of the goods without insurance is on no account at the consumer's risk.
- If we have shown the customer that the goods are ready for delivery or collection, the risk is transferred to the customer if the goods are not followed up on or picked up within the specific timeframe set.
§ 9 Prices and payment
- The prices displayed are only binding if they are accepted in writing in the order confirmation or invoice. All prices are in EUROS and include VAT but not delivery costs. No discount shall be given. You may choose to pay by buying on account, by credit card, Sofortüberweisung or PayPal. The payment method on the order or order confirmation is final. For late payments, we are entitled to charge default interest of 2% above the federal bank rate.
- The credit card account is debited once the order has been completed
§ 10 Agreement for the coverage of costs
1. If you choose to exercise your right to cancel, you must pay the regular costs of the return shipment if the delivered product does not correspond to what you ordered, or if the item being returned does not exceed an amount of 40 euro, or, if the price of the item is higher at the time of cancellation, you have not paid compensation or a contractually agreed partial payment. Otherwise the cost of the return delivery is free for you
§ 11 Retention of ownership
- Until the item has been fully paid for, it remains the property of Belladonna LebensArt. The Customer may resell the conditional goods only in the normal course of business under standard business conditions, provided that the claims resulting from the resale are transferred to us. The Customer hereby cedes these claims to us.
§ 12 Warranty
- "Belladonna LebensArt" provides a guarantee that the goods sold, at the time of the passing of risk, are free of material and production faults and have the properties agreed in the contract. On receiving the goods, the Customer should check them immediately for flaws and the condition. In the event of obvious flaws, it must be reported to us in writing within 7 days of its discovery, even in the event of a hidden fault. If not, the warranty for these flaws will be invalid. The warranty does not extend to normal wear and tear. The warranty expires if the customer tampers with the delivered item. During the warranty obligation, "Belladonna LebensArt" has the right to make repairs free-of-charge. It is authorized to exchange the article in part or full. If the flaws are not repaired within a reasonable period of time, the buyer can claim for a replacement or a price reduction. This apples to § 476a of the terms and conditions.
§ 13 Final provisions
- Exclusively the law of the German Republic shall apply.
- Both sides of the contract are performed in Cologne. Whether the customer is a merchant, a legal entity under public law, or public-law special funds, Cologne shall be the only place of jurisdiction for all disputes arising from the contract. The same applies if the customer has no general place of jurisdiction in Germany and no residence or habitual residence are known during the filing of legal proceedings.
- Oral collateral agreements are not valid. Amendments to the contract and the delivery and payment conditions are to be made in writing. This also applies to a waiver of the requirement for a written form.
- Should one or several of the provisions of these terms and conditions be fully or partially void, the validity of the remaining provisions remains unaffected. In this case, the provisions are replaced by valid ones which come as close as possible to the economic aim pursued by the parties.
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