General Terms and Conditions
The following General Terms and Conditions (GTC) also contain legal information pertaining to your rights in accordance with the regulations that govern contracts concluded through distance selling and electronic business transactions.
1. Scope of these Terms and Conditions
1.1. The following General Terms and Conditions govern the legal relationships established via this Online Shop between the Operator of this Online Shop,
Herbacin cosmetic GmbH
represented by Managing Directors Gerd Thien, Nadja E. Thien-Schönhofen
Registered with the District Court [Amtsgericht] of Mühlhausen:
HRB District Court of Jena HRB 400180
VAT ID No. DE 150375437
Herbacin cosmetic GmbH
Kahlenberger Straße 1
99848 Wutha-Farnroda, Germany
Telephone: +49 36921/273-0
Fax: +49 36921/273-40
(hereinafter referred to as ‘Seller’) and the Customer. They shall apply in their version valid as at the date of conclusion of contract, insofar as the respective General Terms and Conditions have been made accessible to the Customer. The Seller does not recognize terms and conditions of the Customer that are at odds herewith unless their application has been expressly agreed as between the Parties. Furthermore, they are herewith expressly objected to. These provisions shall be without prejudice to individual agreements and mandatory provisions of statute.
1.2. These Terms and Conditions shall apply to Customers who are consumers within the meaning of Section 13 of the German Civil Code [BGB] (hereinafter: Consumers) or who are business operators within the meaning of Section 14 of the German Civil Code [BGB] (hereinafter: Business Operator), unless there are individual provisions applicable only to legal relationships with Consumers or Business Operators.
• A Consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for a purpose which cannot be attributed primarily either to that person’s commercial or independent professional activity.
• A Business Operator within the meaning of Section 14 BGB is any natural or legal person or a partnership with legal capacity that concludes a legal transaction in exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership with the ability to acquire rights and incur obligations.
1.3. The contractual language that applies shall be German. The contractual relationships between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany. Provisions of law that are in effect in the Customer’s country of residence, that exceed provisions of consumer rights applicable in Germany, and that are in the Customer’s favor, shall remain unaffected by the following provisions. Application of the United Nations Convention on Contracts for the International Sale of Goods is hereby precluded.
2. Offer and conclusion of contract
2.1 The presentation of products in the Online Shop constitutes not a legally binding offer but rather an invitation to place an order. Unless otherwise stated in the product description, all offers shall be valid ‘while supplies last’. Otherwise, the offer is subject to errors.
2.2 If you have decided to purchase merchandise you have found in our Online Shop, please enter the desired quantities alongside the product and, where applicable, other product variants (colors, etc.) in the fields provided for the purpose and then click the “Add to cart” button shown beneath the merchandise. This stores the desired product in the virtual shopping cart (with no obligation to purchase). You can display, check or, where appropriate, change the contents of the shopping cart with no obligation whenever you wish by clicking on the button with the shopping cart icon or, after moving the cursor into the area near of this button, by using the “View cart” button in the upper right-hand area of the overview page. If you have decided to actually purchase the products in the shopping cart, click the “Proceed to checkout” button on the shopping cart page. This takes you to the page where you can enter your order data. Follow the ordering process. At the end of the ordering process, you will be taken to the overview page, where you can check and, where appropriate, correct all the data you have entered, along with the shipping modalities, payment method, and the order itself. This page also provides you with information about the right of withdrawal and the content of the General Terms and Conditions (GTC). It is only when you click the “Place binding order” button that you submit your binding declaration of intent to purchase the products shown in the shopping cart at the prices mentioned therein.
2.3. We can accept this order either by sending an order confirmation as a binding declaration of acceptance or by sending the merchandise that has been ordered, thus concluding the purchase contract.
2.4. If you place your order electronically, we shall immediately confirm receipt of the order electronically by e-mail. This confirmation of receipt shall not constitute a binding acceptance of the order. The declaration of acceptance may, however, be associated with the confirmation of receipt.
2.5. We shall store the text of the contract and delete it, following expiry, in compliance with commercial and tax regulations. Please consult the Privacy Statement for further details in this connection. The Customer has the option, by means of the printing function of his or her browser, to print out the individual components of the ordering process, particularly the overview of the order as well as the Consumer Advice and these GTC. To permanently save the text of the contract, the Customer may generate a print copy of the offer and/or print out the order confirmation and/or store the order confirmation on his or her own storage medium.
3. Essential characteristics of the merchandise
The essential characteristics of the merchandise shall be those that emerge from the respective product description.
4. Liability for defects
4.1. The merchandise is covered by statutory rights governing liability for defects. Unless otherwise specified hereinafter, these rights shall be subject to the general statutory provisions of the German Civil Code [BGB].
4.2. The limitation period for warranty claims shall be, for Customers
• who are Consumers within the meaning of Section 13 BGB, 2 years for newly produced items and 1 year for used items;
• who are Business Operators within the meaning of Section 14 BGB, 1 year for newly produced items. Warranty coverage shall be precluded in the case of used items.
The statutory limitation periods shall not be subject to shortening in the event of claims for damages by the Customer for loss of life, bodily injury or damage to health, and for claims for damages due to a breach of fundamental contractual obligations. Fundamental contractual obligations shall be deemed to be those obligations that must be fulfilled for the contract to be properly executed in the first place, and/or upon compliance with which the Customer must ordinarily be in a position to rely. The statutory limitation periods shall also not be subject to shortening in the event of claims for damages based on non-accidental or grossly negligent breach of obligation on the part of the Seller, its legal representatives or its agents. This provision shall not impinge upon the applicability of Section 478 BGB or upon the regulations of the German Product Liability Act [ProdHaftG].
4.3. If the purchase constitutes a commercial transaction for both Parties within the meaning of Section 343 of the German Commercial Code [HGB], Section 377 HGB shall apply.
5. Pricing, payment, dates for payments due
5.1. The product prices quoted are total prices. They contain all taxes and contributions, specifically statutory value-added tax (currently 19%). All prices shown are denominated in EURO.
5.2. The freight, delivery or shipping costs incurred are expressly shown in the respective offer and, unless otherwise agreed, shall be borne by the Customer.
5.3. The Seller recognizes only the payment methods shown on the respective offers page. The Consumer is offered a common and reasonable method of payment, free of charge, at all times.
5.4. If you choose advance payment as your payment method, we will provide you with our bank details as part of purchase processing and shall deliver the merchandise following receipt of payment.
5.5. The purchase price shall fall due for payment immediately upon conclusion of the contract.
6. Delivery and transfer of risk
6.1. Delivery shall be carried out subject to the shipping and packaging charges shown on the respective offers page. You can obtain details of the delivery charges and times within the framework of the specific presentation of merchandise in the course of the ordering process, and/or at https://www.herbacin.com/en/versand-zahlungskosten
6.2. Customs duties, customs fees and value-added tax on imports may fall due for deliveries to addresses located outside of Germany. These costs shall be borne by the Customer. The Customer hereby releases the Seller from claims in view of these charges. Responsibility for correct customs clearance of the merchandise and any resulting charges shall rest with the Customer.
6.3. The Seller shall deliver the products purchased, carefully packaged, to the Customer. Delivery shall be made exclusively to the delivery address entered during the ordering process. Pickup of the merchandise shall not be possible.
6.4. Delivery shall be made within the delivery time as expressly agreed or as shown on the offers page. If no delivery times are expressly agreed or shown on the offers page, then, where credit-card or PayPal payment has been agreed, delivery shall occur within 14 working days after receipt of payment. If receipt of advance payment is not required (invoice), then delivery shall occur within 14 working days after the date of conclusion of the contract.
6.5. The risk of accidental loss or accidental deterioration of the products purchased shall transfer over to the Customer, if the Customer is a Consumer within the meaning of Section 13 BGB, only once the Customer has received the item from the Seller or from the Seller’s agents (transportation firm, etc.). If the Customer is a Business Operator within the meaning of Section 14 BGB, then the risk shall devolve to it as soon as the Seller has delivered the item to the freight forwarder, or to the person or establishment otherwise designated to carry out the shipment. The transfer of risk shall remain the same regardless of whether or not the Customer is in default of acceptance.
6.6. If the Customer is a Business Operator, then, upon request, we shall deliver the merchandise on Europallets. Directly upon delivery of the merchandise on pallets, an equal number of exchangeable Europallets shall be provided. Only flawless Europallets shall be deemed exchangeable. Failing this, Europallets shall be subject to invoice at a rate of €13/pallet.
7. Retention of title
The merchandise sold and delivered shall remain the property of the Seller pending payment in full of the purchase price. The Customer shall not be entitled to dispose of the merchandise by way of legal transaction until the date of transfer of ownership. If third parties should assert rights to the merchandise delivered subject to retention of title, the Customer shall have an obligation to bring this matter to the Seller’s attention at once.
8. Liability
8.1 We shall have full liability, in accordance with the statutory provisions applicable in the event of loss of life, bodily injury or damage to health resulting from a negligent or non-accidental breach of obligation by us, our legal representatives or our agents, as well as for damages for which we are liable under the provisions of the German Product Liability Act. For damages not covered by Sentence 1 and owing to non-accidental or grossly negligent breaches of contract or fraudulent intent on the part of ourselves, our legal representatives or our agents, we shall be liable according to the applicable provisions of statute.
8.2 We shall also be liable for damages brought on as the result of ordinary negligence insofar as the negligence relates to a breach of such contractual obligations as are of particular importance to achieving the purpose of the contract.
8.3 Any liability beyond this shall be precluded without regard to the legal nature of the claim lodged; this shall apply in particular to claims in tort, or to claims for reimbursement of expenses incurred in vain in lieu of performance.
8.4 Where our liability has been precluded or limited, this preclusion or limitation shall extend to the personal liability of our salaried staff, employees, representatives and agents as well.
9. Concluding provisions
9.1. If the Customer is a businessperson, a legal person under public law or a special fund under public law, then any claims arising out of or in consequence of this contract shall be adjudicated exclusively before a competent court having jurisdiction in the place of our registered office. This shall also apply to persons who do not have a general legal venue in Germany, or to persons who have moved their place of residence or of habitual residence outside Germany at a time subsequent to the date on which contract was concluded, or whose place of residence or of habitual residence is not known at the time of the complaint.
9.2. Moreover, disputes arising out of a contractual relationship, and concerning the existence of said relationship shall be adjudicated before a court siting in the place in which the obligation under dispute is to be fulfilled, or in which the Customer has its registered office or place of habitual residence.
9.3. The Seller is neither willing nor legally obliged to participate in an alternative form of dispute-resolution procedure before a consumer-arbitration body (AS proceedings).
9.4. If the Buyer wishes to avail itself of the European Union’s online dispute-resolution procedure (OS proceedings), it has the opportunity to complete a complaint form in its respective national language at the OS Platform of the EU, which can be found at the Internet address http://ec.europa.eu/consumers/odr/. The Seller’s e-mail address is: shop@herbacin.de
9.5. If a provision of these General Terms and Conditions should prove invalid, this fact shall not impinge upon the validity of the remaining provisions hereof.