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General Terms and Conditions Webshop

 

Contract terms in the context of purchase contracts of Pharmos Natur Green Luxury GmbH concluded via the online shop www.pharmos-natur.de.

A.    Contract terms for consumers

The present GTC in Section A apply to contracts concluded between Pharmos Natur Green Luxury GmbH (hereinafter referred to as “we” or “us”).
and
the consumers placing orders in the online shop at www.pharmos-natur.de (hereinafter referred to as “you”). –
are concluded. 

§ 1 Scope, definitions

(1) For the business relationship between us and you exclusively the following General Terms and Conditions in their version valid at the time of ordering shall apply. 
(2) You are a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to your commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) You may select products from our range, in particular cosmetics and food items, and collect them via the “Add to cart” button in a digital shopping cart. By clicking the “Order with obligation to pay” button you submit a binding offer to purchase the goods contained in the shopping cart. Before sending the order you may at any time view and change the data. However, the offer may only be submitted and transmitted if you have by clicking the checkbox at the statement “I accept your general terms and delivery conditions” accepted these contractual conditions and thereby included them in your offer.
(2) We then send you an automatic order receipt by e-mail in which your order is listed again and which you can print. The automatic order receipt merely documents that the order has been received by us and does not constitute acceptance of the offer. The contract is only concluded when we give the declaration of acceptance which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail – but at the latest with delivery of the goods – the contract text (consisting of the order, GTC and order confirmation) is sent to you by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text is stored with due observance of data protection.
(3) The contract is concluded in the German language.

§ 3 Delivery, product availability

(1) Delivery times indicated by us are calculated from the time of our order confirmation. If no or no deviating delivery time is indicated for the respective goods in our online shop, it is for deliveries within Germany a maximum of 5 working days according to the Bavarian holiday calendar. If a delivery time is indicated for goods, this refers to delivery times in Germany. Delivery times to other countries are to be taken from the following table:
Country Delivery time in days/weeks
Denmark, France 10 working days
Austria, Italy, Sweden, United Kingdom 10 working days
Finland, Ireland, Norway, Portugal, Spain 10 working days
Czech Republic, Hungary, Poland, Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, Romania 10 working days
Greece, Rest of the world 15 working days
 

(2) If at the time of your order an insufficient number of items of the product selected by you is available, we will inform you immediately in the order confirmation. If the product is permanently unavailable, we shall decline the declaration of acceptance. In this case no contract is concluded.
(3) If the product designated in your order is only temporarily unavailable, we shall also inform you immediately in the order confirmation.
(4) We deliver worldwide.

§ 4 Retention of title

Until full payment the delivered goods remain our property.

§ 5 Prices and shipping costs

(1) All prices shown on our website are inclusive of the then applicable statutory value-added tax and other price components. 

(2) The applicable shipping costs are shown in the order form and shall be borne by you unless you exercise your right of withdrawal. The shipping costs are to be taken from the table given below:

Zone Country Costs
Zone 1 Germany 6,50 €
Zone 2 Denmark, France, Austria 9,50 €
Zone 3 Italy, Sweden, United Kingdom 10,50 €
Zone 4 Finland, Ireland, Norway, Portugal, Spain 14,50 €
Zone 5 Czech Republic, Hungary, Poland, Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, Romania 16,00 €
Zone 6 Greece, Rest of the world 50,00 €

When shipping abroad additional customs duties may possibly be incurred.
(3) The shipping of goods is carried out by post in principle. The risk of accidental loss or accidental deterioration is borne by us until handover to you.

§ 6 Payment modalities

(1)    You may make the payment by 
  • advance payment by bank transfer
  • payment via e-payment provider PayPal
  • payment with Klarna
  • immediate transfer directly after order completion using your usual online banking data.
  • advance payment by credit card (Euro/Mastercard, Visa). The credit card will be charged only on the day of dispatch of the goods. The amount to be collected will be shown on your credit card statement as follows:
PHARMOS NATUR GREEN LUXURY GmbH.
(2)    You may change the payment method stored in your user account at any time for orders to be placed.
(3)     The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are in default by mere expiry of the date without a reminder being required. The statutory provisions on debtor’s default apply.
(4)    Your obligation to pay default interest does not exclude our right to claim further damages caused by default.
 Klarna GTCs

Payment by invoice and financing with Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the payment by invoice and payment by instalments as payment options. Please note that Klarna invoice and Klarna instalment payment are only available to consumers and that payment is always to be made to Klarna.

Klarna invoice
When purchasing by invoice with Klarna you always receive the goods first and you always have a payment period of 14 days. The full GTC for purchase by invoice can be found here.
The online shop charges a fee of [ADD FEE] Euro per order for purchase by invoice with Klarna.

Klarna instalment purchase
With the financing service from Klarna you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6,95 €). Further information on Klarna instalment purchase including the General Terms and Conditions and the European standard information for consumer credits can be found here.

§ 7 Warranty for material defects, guarantee

(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. 
(2) An additional guarantee exists for the goods delivered by us only if this is explicitly provided in the order confirmation for the respective item.
(3) The assignment of warranty claims to third parties is excluded.

§ 8 Liability

(1) Claims for damages by you are excluded. This does not apply to claims for damages based on injury to life, body or health or based on the breach of essential contractual obligations (cardinal obligations), or to liability for other damage caused by intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are obligations the fulfilment of which is necessary to achieve the objective of the contract.
(2) In the event of breach of essential contractual obligations we are liable — in case of simple negligence — only for the contract-typical, foreseeable damage, unless it concerns claims for damages arising from injury to life, body or health.
(3) The limitations of liability in paragraphs (1) and (2) also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.
(4) The liability limitations in paragraphs (1) and (2) do not apply insofar as we have fraudulently concealed a defect or assumed a guarantee for the condition of the item. The same applies if we have concluded an agreement with you on the condition of the item. The provisions of the German Product Liability Act remain unaffected.

§ 9 Cancellation policy for distance contracts

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (PHARMOS NATUR Green Luxury GmbH
Am Neuland 2
82347 Bernried am Starnberger See
Tel.: +49 8158 90558-0
Fax: +49 8158 90558-99 
E-mail: [email protected])

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not obligatory.

To meet the withdrawal deadline it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For such reimbursement we use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may defer reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the cost of returning the goods.  (Except as set out in § 10 “Returns in the Event of Withdrawal”).
Exclusion of the right of withdrawal:
The aforementioned right of withdrawal does not exist
  • for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. 
  • for contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded.
 
Model withdrawal form


(If you wish to withdraw from the contract, please fill out this form and send it back.)
-      To Pharmos Natur Green Luxury GmbH
Am Neuland 2
82347 Bernried am Starnberger See
Tel.: +49 8158 90558-0
Fax: +49 8158 90558-99 
E-mail: [email protected]

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

---
(*) Delete as applicable.
 Withdrawal instruction with model withdrawal form available as PDF
 § 10 Return instructions in the event of withdrawal
We will provide you with a free return shipping label upon request. This ensures that the parcel is insured and allows us to allocate the returned products as quickly as possible. If you return the parcel at your own expense, you may send us a copy of the shipping cost receipt by email or post, stating the order number and the customer address. After receipt and inspection of the goods, we will reimburse you for the shipping costs incurred. The above provisions pursuant to § 10 apply exclusively to returns from the European Union, Liechtenstein, and Norway. For returns from the United States of America, customs duties or import-related charges may arise in individual cases. Any IEEPA tariffs assumed by the sender as part of the original delivery will not be levied again or subsequently charged to the customer in the event of a return. However, further fees, duties, or costs incurred in connection with the return shipment may still arise and shall be borne by the customer, unless mandatory statutory provisions provide otherwise. We kindly ask you to avoid any damage or contamination of the goods and to return them, where possible, in their original packaging with all packaging components. Where possible, please use protective outer packaging to prevent damage during transport. Please note that the modalities specified in § 10 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 11 Gift vouchers

11.1 Pharmos Natur gift vouchers may only be redeemed at www.pharmos-natur.de.

11.2 The vouchers offered are multi-purpose vouchers which may be redeemed for all goods offered in the online shop and are valid for three years from the date of issue.

11.3 The voucher can only be redeemed before completion of the order process. Subsequent offsetting is not possible. Only one voucher may be redeemed per order.

11.4 The voucher may only be used for the purchase of goods and not for the purchase of additional vouchers.

11.5 Voucher credit will not be paid out in cash nor does it accrue interest.

11.6 The voucher is transferable. The seller may render performance with discharging effect to the respective holder. This shall not apply if the seller has knowledge or is grossly negligent in being unaware of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

11.7 Vouchers may not be purchased in combination with discount promotions.

11.8 Gift vouchers are excluded from exchange and return.

§ 12 Alternative dispute resolution
(1)    The EU Commission provides the possibility of online dispute resolution via a platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2)    We are neither willing nor obliged to participate in a consumer dispute resolution procedure before a consumer arbitration board.

§ 13 Customs Duties and Import Charges for Deliveries to the USA

(1)    For deliveries to the United States of America, customs duties, import charges, taxes, and other import-related costs may apply. Where so-called IEEPA Tariffs (International Emergency Economic Powers Act Tariffs) are levied as part of the import process, these will be borne by the sender and will not be charged separately to the customer. This does not affect the possibility that additional charges may arise, in particular customs duties, import VAT, handling fees charged by shipping service providers, or other import-related costs that are not covered by the IEEPA Tariffs. These additional costs shall be borne by the customer and may be charged directly to the customer by the competent authorities or service providers. The sender has no influence over the type or amount of such charges.

§ 14 Final provisions

(1)    German law shall apply to contracts between us and you as a consumer to the exclusion of international private law if the consumer has his/her habitual residence outside the EU. 
(2) The contract remains binding even if individual provisions are or become invalid. Instead of the invalid provisions, the statutory provisions shall apply. If this would constitute an unreasonable hardship for one of the contracting parties, the contract in its entirety shall become invalid.