General Terms and Conditions
I. General Information and Scope of Application
The following terms and conditions shall apply to all current and future business relationships between the customer and PHARMOS NATUR Green Luxury GmbH (hereinafter referred to as “Us”).
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes which are largely not attributable to their commercial or self-employed professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legally capable private companies with whom a business relationship is entered into and who carry out commercial or self-employed professional activities.
Deviating, contradictory or supplementary general terms and conditions of business shall not become part of the contract, even if known by the customer, unless their validity is expressly agreed in writing.
II. Offer and Conclusion of Contract
Our information about the products in the online catalogue is non-binding. Minor deviations and technical changes with respect to our illustrations or descriptions are possible.
By ordering a product, the customer shall be deemed to have bindingly declared his intention to purchase the ordered goods.
The conclusion of the contract shall be subject to the correct and timely delivery of the goods. This shall only apply in the event that we are not responsible for the non-delivery, especially when a congruent cover transaction is concluded. The customer shall be informed immediately of the non-availability of the service. The consideration shall be refunded immediately.
We are entitled to accept the contract offer contained in the order within two weeks of our receipt of it. Acceptance can be declared either in writing or by delivery of the goods to the customer.
If the customer orders the goods by electronic means, we shall immediately confirm the receipt of the order. The confirmation of receipt shall not constitute a binding acceptance of the order. The receipt can be linked to the declaration of acceptance.
If the customer orders the goods by electronic means, we shall save the contract text and e-mail it and these GTCs to the customer upon request.
All customer queries shall be processed by e-mail or phone within two working days.
In order to purchase from our website, you must have at least reached the contingent legal capacity in accordance with the legal regulations.
All contracts concluded with Us shall be subject to these General Terms and Conditions.
III. Prices and Payment
The catalogue prices that are valid on the order date are binding. All prices include statutory VAT.
The customer can select from the following payment methods:
Prepayment by bank transfer
Payment with e-payment provider PayPal
Prepayment by credit card (Euro/Mastercard, Visa). The credit card is not debited until the date of delivery of the goods. The amount to be deducted is shown on your credit card statement as follows: PHARMOS NATUR GREEN LUXURY GmbH
Cash on delivery. A cash on delivery payment also incurs an additional cash on delivery fee of 4.00 EUR, along with the current forwarding fee of Deutsche Post AG of 2.00 EUR, which you must pay to the postman.
If the customer has received a voucher via the system, only one voucher can be redeemed per customer at any time. Voucher redemption can be made dependent on the order value. There is no legal right to receive or redeem a voucher.
Your ordered goods will be delivered within approx. 1-5 working days (excluding Saturdays, Sundays and holidays) upon receipt of payment in advance or after ordering via cash on delivery. There shall be no right to claim damages if the delivery period is exceeded.
The following shipping costs are incurred:
In the PHARMOS NATUR Green Luxury Online Shop, you pay a flat shipping rate (insured shipping) of €4.50 within Germany, irrespective of the order value or size of the package.
When you order from Us, your order is not subject to a minimum order value or minimum order surcharge.
International shipping costs vary depending on the country.
Please note that international shipping may incur customs duties and additional charges for the respective products.
Zone 0 Germany 4.50€
Zone 1 Denmark
Zone 2 Italy
United Kingdom 10.50€
Zone 3 Finland
Zone 4 Czech Republic
Zone 5 Greece 34.00€
Zone 6 USA 50.00€
If several partial shipments have to be made for technical or logistical reasons, you will of course only be charged once for the shipping costs.
Your order will be processed by us immediately upon receipt.
Your order will usually be delivered at present within approx. 1-5 working days (excluding Saturdays, Sundays and public holidays). All information relating to the delivery time shall be deemed to be the estimated delivery time as long as stocks last.
If items are unavailable for unforeseeable reasons, we shall reserve the right not to deliver them. In this case, you shall be informed immediately and any payments already received shall be refunded.
We shall reserve the right to deliver to the billing address in the event of dubious delivery address information or a changing place of residence.
Our Shipping Provider
We always deliver via DHL, who are well-known for providing such benefits as collection of your shipment from a post office.
V. Transfer of Risk
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the customer upon handover, while for online purchases, the risk shall be transferred to the customer upon delivery of the item to the carrier, freight forwarder or other person or company nominated to handle the shipment.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall be transferred to the customer only upon handover, even for online purchases.
If the customer delays in accepting the goods, the handover shall still be deemed to have taken place.
VI. Right of Cancellation / Right of Withdrawal
You shall have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of cancellation, you must inform Us (company, street, postcode city, e-mail, phone, fax) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the following cancellation form, but this is not mandatory.
In order to observe the cancellation period, it is sufficient that you send the notification of exercising your right of cancellation before the end of the cancellation period. The return delivery or return request must be made to:
PHARMOS NATUR Green Luxury GmbH
Am Neuland 2
82347 Bernried am Starnberger See, Germany
Tel.: +49 8158 90558-0
Fax: +49 8158 90558-99
Consequences of Cancellation:
If you cancel the contract, all payments that we have received from you, including delivery costs (except for the additional costs arising from the selection of a different type of delivery than the cheapest standard delivery we offer), shall be repaid immediately and at the latest within fourteen days from the date of our receipt of your notification of cancellation of this contract. For this repayment, we shall use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; on no account will you be charged for this repayment. We may refuse to repay you until we have actually received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or hand over the goods to Us without delay and in any case within fourteen days of the date on which you inform Us of the cancellation of this contract. The cancellation period shall be observed if you return the goods within the fourteen-day period. We shall bear the costs related to returning the goods. According to Section 312g(2), clause 3 of the German Civil Code, no right of cancellation exists in the case of contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery. You can download our cancellation form at: http://pharmos-natur-shop.de/out/cmsImages/widerrufsformular.pdf
– End of Cancellation Policy –
We will also be happy to send you a free parcel label for the return package. In this way, the package will be insured and it will also enable Us to assign the products as soon as possible.
If you send the package back at your own expense, please enclose the receipt of the shipping costs and we will refund you immediately upon receipt of the goods. Please avoid damage or contamination. Please send the goods back to us in the original packaging, as far as possible, and with all packaging components. If necessary, use a protective repackaging to avoid transport damage. Please note that the modalities specified in the preceding paragraphs are not a prerequisite for effectively exercising your right of return.
Our voluntary return guarantee:
Irrespective of your legal rights, we offer you the following voluntary return guarantee. All PHARMOS NATUR products can be returned to us within 14 days of receipt of the goods, as long as the goods are complete and are in an unused and undamaged condition. In the case of cosmetic products, this means that we will only take back goods with an intact seal. The goods must be returned to:
PHARMOS NATUR Green Luxury GmbH
Am Neuland 2
82347 Bernried am Starnberger See, Germany
Tel.: +49 (0)8158 90558-0
Fax: +49 (0)8158 90558-99
If you cannot cancel your contract in accordance with your right of cancellation and products are returned in accordance with this voluntary return guarantee, we will refund the purchase price you have already paid, but not the shipping costs. You shall bear the transport risk.
This return guarantee does not limit your statutory rights and thus does not limit your right of cancellation as described above.
VII. Retention of Title / Warranty
The goods delivered by Us shall remain our property until full payment has been made.
Legal warranty rights exist for all goods in our shop.
The warranty period is one year from delivery of the goods for entrepreneurs, while it is two years from delivery of the goods for consumers.
If the customer is an entrepreneur and the goods contain defects covered by warranty, we guarantee that we shall initially provide rectification or replacement delivery based on the customer’s choice.
If the customer is a consumer, he shall initially have the choice as to whether the subsequent performance should be in the form of rectification or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at a disproportionate cost and if the other type of subsequent performance does not pose significant disadvantages for the customer.
If the subsequent performance fails, the customer can in principle choose between a lowering of the payment (reduction) or cancellation of the contract (withdrawal). In the event of minor defects, the customer shall not be entitled to a right of withdrawal.
Entrepreneurs must notify Us in writing of obvious defects within a period of two weeks from receipt of the goods, otherwise the assertion of the warranty claim shall be excluded. The timely dispatch of the goods shall be sufficient for compliance with the deadline. The entrepreneur shall bear the entire burden of proof for all prerequisites for claims, particularly for the defect itself, for the time the defect was discovered and for the timeliness of the notification of defects.
If the customer chooses to withdraw from the contract due to a legal or material defect after a failed subsequent performance, he shall not be entitled to any claim for damages due to the defect. If the customer chooses damages after a failed subsequent performance, the goods shall remain with the customer if this is deemed reasonable. The damages shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have fraudulently caused the breach of contract.
The assignment of warranty claims to third parties is excluded.
If the buyer is an entrepreneur, only the manufacturer’s product description shall be deemed to be agreed as the nature of the goods. Public statements, claims or advertisements of the manufacturer shall not constitute a contractual specification of the quality of the goods.
If the customer receives defective assembly instructions, we shall only be obliged to supply correct assembly instructions if the defect in the assembly instructions is contrary to the proper assembly. If the subsequence performance fails, the customer shall expressly reserve the right to a reduction in payment or to withdraw from the contract if he so chooses.
The customer does not receive any warranties in the legal sense from Us. Manufacturer warranties remain unaffected hereof.
In the case of slightly negligent breaches of duty, our liability shall be limited to foreseeable, direct average damage typical of the contract according to the type and goods. This shall also apply in the case of slightly negligent breaches of duty by legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the case of slightly negligent breaches of minor contractual obligations.
The above limitation of liability shall not apply to customer claims arising from product liability. Furthermore, the limitation of liability shall not apply to health or bodily injury caused by us or loss of the customer's life.
The customer’s right to claim damages due to a defect shall expire one year after delivery of the goods. This shall not apply if we can be ascribed gross negligence, in the case of health or bodily injury caused by us, or in the event of loss of life.
Any liability beyond that shall be excluded.
IX. Applicable Law and Written Form Requirement
The law of the Federal Republic of Germany is deemed to be mandatory for these General Terms and Conditions as well as the entire legal relationship between the customer and Us. Other national laws are excluded.
Any contractual amendments or ancillary agreements must be in writing in order to be valid.
X. Applicable Law and Written Form Requirement
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office, with the proviso that we shall also be entitled to bring legal action at the place of the buyer's registered office or branch.
If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The statutory regulations shall apply instead of the ineffective provision.
If you order products from PHARMOS NATUR for delivery outside the EU, you may be subject to import duties and taxes that will be levied once the package reaches the specific destination. Any additional charges for customs clearance must be borne by you; we have no influence on such fees. Customs regulations vary greatly from country to country, thus you should contact your local customs authority for more information. In addition, please note that you will be deemed to be an importer in relation to orders from PHARMOS NATUR and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw our international customers' attention to the fact that cross-border deliveries are subject to opening and inspection by customs authorities.