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General Terms And Conditions

General Terms of Business

General Terms of Business for Consumers

The following General Terms of Business (GTB) contain legal information about your rights according to the rules which govern contracts in long-distance transactions and in electronic business transactions.

1. Application of the conditions

1.1. The following General Terms of Business regulate the legal relationships established via this online shop between the operators of this online shop, SiNOh UG, Kartäuserstr. 64, 99084 Erfurt (“Seller”) and Customer. They will apply in the version that was valid at the time of contract conclusion, provided the General Terms of Business in question were made accessible to the Customer. Seller will not acknowledge different terms and conditions of the customer, unless their application was expressly agreed between the Parties. Otherwise, we hereby expressly object to them. Individual agreements and legally compelling regulations remain unaffected by these provisions.

1.2. These GTB apply to customers who are consumers as defined by § 13 BGB (German Civil Code) (“Consumer”) or entrepreneurs as defined by § 14 BGB (“Entrepreneur”), unless individual provisions apply to legal relationships with Customers or Entrepreneurs only

 -   § 13 BGB (German Civil Code) defines a Consumer as a natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

 -   § 14 BGB (German Civil Code) defines an Entrepreneur as a natural person, legal entity, or partnership having legal capacity that exercises their commercial or independent professional activity when concluding a legal transaction. A partnership having legal capacity is a partnership that is given the ability to acquire rights and incur obligations.

1.3. The contractual language is English. The law of the Federal Republic of Germany will apply to the contractual relationship between Seller and Customer. The following provisions will not affect the provisions of Customer’s country of residence that work to her advantage. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) is excluded.

2. Offer and contract conclusion

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. All offers apply “while supplies last”, unless otherwise noted in the product information. Otherwise, errors remain reserved.

2.2 If you find merchandise in our webshop that you would like to buy, enter the desired quantity into the intended field and click the button “Add to shopping cart” found under the item. This will store the desired product in the virtual shopping cart with no obligation. You can determine, check and change the contents of your shopping cart at any time by clicking the button “Your shopping cart” in the upper right area of the overview page. If you’ve decided to actually purchase the products in your shopping cart, click the button “To checkout” located on the shopping cart page. This will take you to the page where you can enter your order data. Follow the order procedure. At the end of the order procedure, you will be taken to the overview page, on which you can check all the data, shipping options, payment methods and the order itself, and correct any of these if necessary. You can also find the information about the right of withdrawal on this page. Only by clicking the button “Place order” will you give your binding declaration of intent to purchase the products listed in the shopping cart, at the prices quoted there.

2.3. We are entitled to accept the order by either sending an order confirmation as a binding declaration of acceptance or by shipping the ordered goods. Either constitutes formation of the purchase contract.

2.4. If you place your order electronically, we will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute a binding acceptance of the order. However, the declaration of acceptance can be connected with the confirmation of receipt.

3. Costs of return shipping in the event of withdrawal

If Customer avails himself of his right of withdrawal, he must bear the regular costs for return shipping if the delivered goods match the goods orders and if the price of the item to be returned does not exceed EUR 75.00, or, if the item costs more that this amount, if he has not yet rendered any consideration or contractually agreed partial payment at the time of withdrawal. Otherwise, return shipping is free.

4. Prices; Payment; Due dates

4.1. The prices specified are final prices, do not contain legal VAT, and are given in euros.

4.2. The prices specified do not contain shipping or packaging costs. These are evident in the offer and must be borne by Customer unless otherwise agreed.

4.3. Seller will accept only the payment methods shown on the respective offer pages. If no payment method is shown, the purchase price is to be made in the way of bank transfer (credit card or PayPal).

4.4. The purchase price is due for payment at contract conclusion.

5. Delivery; Transfer of risk

5.1. Delivery will incur the shipping and packaging costs shown on the respective offer page. You can obtain details about delivery costs and times as part of the specific goods presentation during the order procedure, under “shipping and packaging costs”, or both.

5.2. For deliveries outside of Germany, tolls, customs duties and import turnover tax may be due. Customer shall bear these costs. Customer shall release Seller from any claims asserted because of these costs. Customer is responsible for correct customs clearance for the goods, and for paying the costs arising therefrom.

5.2.1 Upon completion of the purchase, the buyer authorizes the seller to provide information on the ingredients of the purchased products by order of the respective state authorities (for example, customs, health authorities) in order to avoid a delay.

5.3. Seller shall deliver the purchased goods to Customer carefully packaged. Delivery will be made exclusively to the delivery address on file with the internet platform. Self-pickup is not possible.

5.4. Delivery will be made within the delivery time indicated on the offer page or expressly agreed.

5.5. If Customer is a consumer as defined by § 13 BGB (German Civil Code), the risk of accidental loss or deterioration of the purchased products is transferred to Customer only if he has had the item handed over to him by Seller or their vicarious agents (transport companies, etc.). If Customer is an entrepreneur as defined by § 14 BGB (German Civil Code), the risk is transferred to them as soon as Seller has delivered the item to the forwarding agent, the freight carrier, or other person or establishment appointed to perform the shipping.  If Customer delays in accepting the goods, the transfer will still be deemed to have taken place.

6. Retention of title

The sold and delivered goods will remain the property of Seller until the purchase price has been paid in full. Customer is not entitled to legally dispose of the goods until ownership is transferred. Customer shall notify Seller immediately if third parties assert any rights to goods delivered under retention of title.

7. Liability

7.1 We shall be fully liable in accordance with statutory provisions for damages to life, limb or health that are based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages covered by the Product Liability Act. We shall be liable in accordance with statutory provisions for damages not covered by Sentence 1 that are based on malice or intentional or grossly negligent breaches of contract by us, our legal representatives or our vicarious agents. If we have issued a quality guarantee regarding the goods or part thereof, we shall be liable within the scope of this guarantee. For damages that are based on the lack of guaranteed quality but do not arise directly on the goods, we shall be liable only if the risk of such damage is obviously covered under the quality guarantee.

7.2 We shall also be liable for damage caused by ordinary negligence if this negligence concerns the breach of such contractual obligations the compliance with which is especially significant for achieving the contractual purpose.

7.3 Further liability is excluded without considering the legal nature of the asserted claim; this also and especially applies to tortious claims or claims for compensation for futile expenses instead of performance.

7.4 If our liability is excluded or limited, this also applies to the personal liability of our salaried personnel, employees, associates, representatives and vicarious agents.

8. Final provisions

If Customer is a merchant, a legal entity under public law, or a special fund under public law, our registered office (Erfurt) is agreed as the exclusive place of jurisdiction for all claims that arise from or due to this contract. This also applies vis-à-vis persons who do not have a place of general jurisdiction in Germany, or persons who relocate their permanent address or usual place of residence outside Germany after the contract is concluded, or whose permanent address or usual place of residence is unknown at the time the suit is filed.