Terms and Conditions - Healthyscape - Nature · Art · Crafts
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Healthyscape.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
We deliver free of shipping costs.
You generally have the option of picking up your order from Martin Schinköth, Feldstraße 13, 07749 Jena, Germany during the following business hours: within the next 14 days after pick-up confirmation
We do not deliver to packing stations.
5. Payment
In our shop you can generally use the following payment methods:
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal after the goods have been dispatched. You will receive further information during the ordering process.
Payment processing through PayPal Services
In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. You do not need to be registered with PayPal to pay the invoice amount. Depending on the payment method you select, you may be redirected to the PayPal website and the selected payment service after placing your order:
Credit card: You provide your credit card details during the ordering process. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after you have been identified as the legitimate cardholder, and your card will be charged.
Giropay: On the PayPal website you can enter your payment details and confirm the use of your data by PayPal. You will then be redirected to the website of paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("Giropay"). In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after the order is placed.
Direct debit: On the PayPal website, you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited.
Sofort by Klarna: On the PayPal website you can enter your payment details and confirm the use of your data by PayPal. You will then be redirected to the website of the online provider Sofort GmbH, Theresienhöhe 12, 80339 Munich ("Sofort"). In order to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after the order is placed.
You will receive further information during the ordering process.
6. Right of withdrawal
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. Warranty and guarantees
Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or malice
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
In relation to businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defects.
The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.
Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
8. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
in case of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
9. Code of Conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, is responsible. http://www.verbraucher-schlichter.de .
11. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.