Allgemeine Geschäftsbedingungen mit Kundeninformationen

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Information on online dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Aronia ORIGINAL Naturprodukte GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed. 1. 2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise. 1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2. 1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. 2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post. 2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 2.4 If the payment method “PayPal Express” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, the customer also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer’s offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process. 2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these GTC. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online store before sending his order. 2.6 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2. 7 Only the German language is available for the conclusion of the contract. 2. 8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 2.9 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him may accept the goods. 2.10 Shipping to Austria: All household and commercial packaging in all tariff categories is exempt from the collection and recycling system Bonus Holsystem under the number 2904. 2.11 We assure you that the majority of our suppliers are GFSI-certified. If not, we ensure that the suppliers are of equal quality. If you have any questions, please contact us. By purchasing the products you declare your agreement.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description. 4. 2 The payment option(s) will be communicated to the customer in the seller’s online store. 4.3 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date. 4.4 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 4.5 If the payment method “SOFORT Überweisung” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN/TAN procedure activated for participation in SOFORT Überweisung, legitimize himself accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction will be carried out immediately afterwards by SOFORT and the customer’s bank account will be debited. The customer can find more detailed information on the SOFORT bank transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/. 4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 5 (five) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. 5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. 5.3 Self-collection is not possible for logistical reasons. 5.4 Vouchers are provided to the customer as follows: – by post

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply. 7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8. 1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only during the specified period. 8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher. 8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. 8.4 Several promotional vouchers can be redeemed with one order. 8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 8.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest. 8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal. 8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

9) Redemption of gift vouchers

9. 1 Vouchers that can be purchased via the seller’s online store (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online store, unless otherwise stated in the voucher. 9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date. 9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. 9.4 Several gift vouchers can be redeemed with one order. 9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers. 9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest. 9.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

10) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

12) Information on online dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.