§ 1 General - Scope of Application
Our terms and conditions of sale are an integral part of the contract and shall also apply to all future transactions with the customer.
§ 2 Offer
1 The order placed by the customer (e.g. by fax, by telephone, by e-mail) is a binding offer.
2 The product presentations of the provider on the internet do not represent a binding offer to conclude a contract, but an invitation to place an order (offer of the customer). When purchasing via the online order form, the goods intended for purchase are placed in the “Shopping cart.” Via the corresponding button in the navigation bar, the customer can call up the “Shopping cart” and make changes there at any time. After the customer has called up the “Checkout” page and entered the personal data as well as the payment and shipping terms, all order data is finally displayed again on the order overview page.
Before submitting the order, the customer has the opportunity to check all information again, change it (also via the “Back” function of the internet browser) or cancel the purchase. By sending the order via the button “Order subject to payment,” the customer submits a binding offer to the provider.
3 We are entitled to accept these offers within two weeks by sending the ordered goods or, if the goods cannot be delivered within this period, by sending an order confirmation within this period.
§ 3 Right of withdrawal of consumers and consequences of withdrawal
1 Right of revocation
Consumers can revoke their contractual declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be addressed to: NatuGena GmbH, Münchener Str. 113, 85051 Ingolstadt (Germany), fax +49 841 938 932 00, or e-mail: bestellung@natugena.de
2 Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. If the consumer cannot return the received performance to us in whole or in part or only in a deteriorated condition, the consumer must compensate us for the loss in value. The consumer can avoid the obligation to pay compensation by not using the goods as if they were his or her own property and by refraining from doing anything that could impair their value. The consumer shall bear the costs of the return shipment if the price of the returned goods does not exceed an amount of €40.00 or if, in the case of a higher price of the goods, the consumer has not yet made the payment or a partial payment at the time of the revocation, unless the delivered goods do not correspond to the ordered goods. Obligations to refund payments must be fulfilled by the consumer within 30 days after sending the notice of withdrawal.
§ 4 Prices - Terms of payment
1 Prices
Unless otherwise stated, all prices are end consumer prices (gross) and include German VAT. Delivery is made against a selection of payment options. Not all payment methods are available in all countries.
2 Payment processing
The payment processing (purchase on account) is carried out by NatuGena GmbH and its house banks.
Purchase on account
Convenient and fast. You will receive the shipment from NatuGena GmbH on account and transfer within 14 days after invoicing to our specified account.
Prepayment (international possible)
Please transfer the payment amount shown in your order confirmation to our bank account within 8 days, from abroad within 10 days. Please indicate your voucher number and customer number as purpose of payment. After receipt of payment on our account your goods will be shipped to you.
Direct debit (possible in the European payment area [SEPA])
Convenient and fast. Simply enter your bank details for a one-time order-related direct debit when you place your order. Your goods will be shipped immediately.
§ 5 Delivery - Delivery time
1 Delivery within Germany shall take place at the latest within five working days after the conclusion of the contract (cf. § 2 [1]), unless a delivery time deviating from this is expressly stated in the article description or another delivery time has been expressly agreed on.
The period for delivery shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other methods of payment, on the day after conclusion of the contract and shall end with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
For delivery to other EU countries, delivery usually requires an additional two to five days, depending on the standard delivery times of the shipping service provider. In the case of delivery to non-EU countries, delivery may be delayed by an additional two to four days, mainly due to export customs formalities.
As a regular customer, please ensure that the data stored in our store is correct and up to date. A different delivery address must be specified in the store order or immediately reported to us by e-mail; otherwise it can not be considered. Any additional costs incurred as a result (e.g. due to return and reshipment) shall be borne by the buyer.
The customer must also ensure that the e-mail address he has deposited with the seller is correct. Furthermore, the customer must ensure that he can receive e-mails under the deposited address and that this is not prevented by a SPAM filter, in particular, in order to ensure access to the information transmitted by e-mail that is required within the scope of the conclusion of the contract.
2 Unless otherwise agreed, shipping will be handled worldwide with DHL. The maximum weight is 31 kg per package. Please note the weight information for the respective products in the online store at www.natugena.de. In non-EU countries, import duty may be charged.
Within Germany, only gross invoices are issued. Within the EU, invoices with gross prices are issued by default; upon request, invoices with net prices can be issued to companies in other EU countries that provide a valid VAT identification number. Customers outside the EU will receive invoices with net prices by default. The place of delivery applies.
The valid shipping costs for your order are staggered according to shipping weight and are visible when ordering on www.natugena.de at the latest on the page „Submit order.“ If you order by other means, please ask for the shipping costs. For Germany and Austria, prices for standard shipping apply regardless.
Express shipping is an additional service, which is always subject to a charge. Prices and delivery times for standard and express shipping and all other shipping methods and countries can be found at www.natugena.de.
§ 6 Storage of the products
The customer is obligated to handle the purchased goods with care; in particular, he is obligated to store the products in a cool and dry place in such a way that the condition of the products is not impaired.
§ 7 Liability for defects
1 The customer is obliged to notify us in writing of obvious material defects and defects of title within 14 days of receipt of the goods; it is sufficient to send the notification within the deadline. The defects shall be described in as much detail as possible for the customer.
2 Claims for defects by merchants shall be subject to the condition that the merchant has duly complied with its obligations to inspect the goods and to give notice of defects pursuant to Section 377 of the German Commercial Code (HGB); in particular, written notice shall be given without undue delay in deviation from paragraph (1).
3 Insofar as the purchased item is defective, we shall be entitled, at our discretion, to deliver a new item free of defects or to provide subsequent performance in the form of remedying the defect. We shall bear all expenses necessary for the purpose of remedying the defect, provided that these are not increased by the fact that the purchased item has been taken to a place other than the place of performance or that the new item free of defects is to be delivered to a place other than the place of performance. If the subsequent performance fails, the customer shall be entitled to demand rescission or reduction at his discretion.
4 We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
5 We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
6 Insofar as the customer is entitled to claim compensation for damage instead of performance, our liability shall be limited to compensation for the foreseeable, typically occurring damage, also within the scope of subsection (3).
7 Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to liability under the Product Liability Act.
8 Unless otherwise stipulated above, liability is excluded.
§ 8 Joint and several liability
1 Any further liability for damages than provided for in § 6 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for property damage pursuant to § 823 BGB.
2 The limitation in accordance with subsection (1) shall also apply insofar as the customer demands reimbursement of useless expenses instead of a claim for damages.
3 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
§ 9 Limitation period for damages
1 The limitation period for claims for damages due to defects - for whatever legal reason - is one year.
2 The limitation periods applicable to claims for damages pursuant to para. 1 shall also apply to other claims for damages against us, irrespective of their legal basis. They shall also apply insofar as the claims are not related to a defect.
3 The above limitation periods shall apply subject to the following proviso:
A The limitation periods shall generally not apply in the event of intent or fraudulent concealment of a defect or insofar as the seller has assumed a guarantee for the quality of the delivery item.
B Furthermore, the limitation periods shall not apply to claims for damages in cases of injury to life, body or health or freedom, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of a culpable breach of essential contractual obligations. Furthermore, they do not apply in the cases of § 438 para. 1 no. 1 and no. 2 BGB.
4 The limitation period for all claims for damages begins with delivery.
5 Insofar as this provision refers to claims for damages, it also includes claims for reimbursement of futile expenses.
6 Unless expressly stipulated otherwise, the statutory provisions on the commencement of the limitation period, the suspension of the running of the limitation period, the suspension and the recommencement of limitation periods shall remain unaffected.
§ 10 Retention of title
1 We retain title to the object of sale until receipt of all payments under the delivery contract. In the event of conduct by the customer in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the object of sale. The taking back of the object of sale by us shall constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realize it; the proceeds of realization shall be credited against the customer's liabilities - less reasonable costs of realization.
2 In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a lawsuit pursuant to § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
§ 11 Saving personal data - consent, data protection
1 The customer expressly agrees that the personal data provided by him may be stored by us or a third party commissioned by us for the duration of the contract and its execution as well as thereafter for the maintenance of the ongoing customer relationship.
2 We undertake vis-à-vis the customer to use the stored data only for our own purposes and for the purposes of order processing (e.g. in the case of purchase on account for the necessary verification). We are not permitted to pass on the data to uninvolved third parties, unless there is a legal or official obligation to do so.
§ 12 Place of Jurisdiction - Place of Performance
1 If the customer is a merchant, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at the court of his or her place of residence.
2 The law of the Federal Republic of Germany shall apply; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
3 Unless otherwise stated in the order confirmation or the delivery documents, our place of business shall be the place of performance.
Version: March 23, 2022
