1. scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding a legal transaction.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with aroma garden GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will again receive confirmation by e-mail.
A binding contract may also be concluded as follows beforehand:
- If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
- If you have chosen payment by direct debit, the contract is concluded at the time the account is debited.
- If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
- If you have chosen the payment method SOFORT Überweisung, the contract is concluded at the time of the confirmation of the payment instruction to SOFORT GmbH.
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. You can also view and download the general terms and conditions at any time here on this page. You can view your past orders in our customer login.
3. terms of delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the amount of shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the commodity is unfortunately not possible.
4. payments in our shop the following payment methods are available to you:
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
cash on delivery
If you choose the payment method cash on delivery you will have to pay 6 Euro plus costs. if you choose the payment method credit card you will have to pay 1.5 percent of the purchase price plus costs.
The purchase price will be debited from your account upon completion of the order. 1 percent of the purchase price will be added to the cost of the direct debit payment method.
You pay the invoice amount via the online provider Paypal. You must be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further information during the ordering process.
IMMEDIATELY by bank transfer
We also offer instant bank transfer, in which we receive the transfer credit immediately. This speeds up the entire order process. All you need for this is the account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT makes an automatic bank transfer to your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account. If you select the payment method SOFORT bank transfer, an automatic bank transfer opens at the end of the order process at the end of the order process.
5. retention of title
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
6. guarantee and warranties
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the shop.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
-in the event of injury to life, limb or health
-in case of intentional or grossly negligent breach of duty
-in the case of guarantee promises, where agreed
-insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
8. final provisions
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
(1) These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 Paragraph 1 BGB (German Civil Code). We shall only recognise any terms and conditions of the customer which conflict with or deviate from our Terms and Conditions of Sale if we expressly agree to their validity in writing.
(2) These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as these are legal transactions of a related kind.
§ 2 Offer and conclusion of contractIf an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.
§ 3 Documents provided
We reserve all proprietary rights and copyrights to all documents handed over to the customer in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period of § 2, these documents must be returned to us immediately.
§ 4 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value added tax at the applicable rate. Packaging costs will be invoiced separately.
(2) Payment of the purchase price shall be made exclusively to the account named overleaf. Discounts may only be deducted by special written agreement.
(3) Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery. Interest on arrears shall be charged at 8 % p.a. above the respective base interest rate. We reserve the right to assert claims for higher damages caused by default.
(4) Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or more after conclusion of the contract.
§ 5 Set-off and rights of retention
The customer shall only be entitled to set-off if his counterclaims have been legally established or are undisputed. The customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
(1) The commencement of the delivery period stated by us presupposes the timely and proper fulfilment of the customer's obligations. We reserve the right to plead non-performance of the contract.
(2) The delivery dates and delivery periods stated by us are not binding unless expressly agreed otherwise in writing.
(3) We shall be entitled to make partial deliveries and invoice them to a reasonable extent for the customer.
(4) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(5) In addition to delivery, the customer may demand compensation for damages caused by delay if we are guilty of intent or gross negligence. In the event of slight negligence, liability shall be limited to foreseeable damages typical of the contract, but not exceeding 10% of the agreed delivery value for that part of the goods whose delivery we are in default of.
(6) Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§ If the goods are dispatched to the Customer at the Customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer upon dispatch to the Customer, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 8 Retention of title
(1) We retain title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to them. We shall be entitled to take back the purchased goods if the customer behaves in breach of contract.
(2) As long as ownership has not yet passed to him, the customer shall be obliged to handle the object of sale with care and in particular to insure it adequately at replacement value at his own expense against theft, fire and water damage (note: only permissible in the case of the sale of high-quality goods). If maintenance and inspection work must be carried out, the customer shall carry this out in good time at his own expense. As long as ownership has not yet passed to him, the customer shall notify us immediately in writing if the delivered object is seized or exposed to other interventions by third parties. Insofar as ownership has not yet passed to him, the customer shall notify us in writing if the delivered object is seized or exposed to other interventions by third parties.
(3) The customer shall be entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims of the customer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The customer shall remain authorised to collect the claim even after the assignment. Our authorisation to collect the claim ourselves shall remain unaffected by this. However, we shall not collect the claim as long as the customer meets his payment obligations from the collected proceeds.
§ 9 Warranty / notice of defects / recourse
(1) Warranty rights of the purchaser presuppose that he has properly fulfilled his obligations to examine the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).
(2) Warranty claims shall expire 12 months after delivery of the goods delivered by us to our customer. The above provisions shall not apply in the event of fraudulent concealment of a defect or insofar as the law pursuant to § 479 paragraph 1 BGB (right of recourse) prescribes longer mandatory periods. Our consent must be obtained prior to any return of the goods.
(3) If, despite all due care taken, the delivered goods exhibit a defect which already existed at the time of transfer of risk, we shall, at our discretion and subject to timely notification of the defect, either repair the goods or deliver replacement goods. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
(4) If the supplementary performance fails, the customer may - notwithstanding any claims for damages - withdraw from the contract or reduce the remuneration.
(5) Warranty claims do not exist in the case of only insignificant deviation from the agreed quality or in the case of only insignificant impairment of usability.
(6) Claims of the customer for expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us were subsequently brought to a location other than the customer's branch office, unless the transfer corresponds to their intended use.
(7) The Purchaser's right of recourse against us shall only exist to the extent that the Purchaser has not entered into any agreements with its customers that go beyond the legally mandatory claims for defects. Furthermore, paragraph 6 shall apply mutatis mutandis to the scope of the Purchaser's right of recourse against the Supplier.
§ 10 Liability
We shall be liable for intent and gross negligence as well as for breach of a material contractual obligation (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, liability shall be limited to damages foreseeable at the time of conclusion of the contract and typical for this type of contract. We shall not be liable for a slightly negligent breach of ancillary obligations which are not cardinal obligations.
§ 11 Miscellaneous
(1) This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set down in writing in this contract. Our General Terms and Conditions shall apply exclusively to the contract; other conditions shall not become part of the contract, even if we do not expressly object to them.
(4) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this loophole. General Terms and Conditions of the online shop aromagarden.de
§ 1 Scope of application