General Terms and Conditions for the Online Shop

§ 1 General Provisions and Business Relationships

1. The following General Terms and Conditions apply to the contractual relationships concluded between the seller and its customers (hereinafter referred to as the “buyer”) within the framework of the online shop “www.ayurveda-parkschloesschen.de” operated by Ayurveda Parkschlösschen Bad Wildstein GmbH, represented by the managing directors Ms Brigitte Preuß and Ms Katja Lemmler, Wildbadstraße 201-207, 56841 Traben-Trarbach, Germany (hereinafter referred to as the “seller”).
2. Contracts are concluded with both consumers and business customers.
3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
4. Pursuant to Section 14 of the German Civil Code (BGB), a business customer is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the exercise of their trade, business, or profession. A partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of the Contract

1. All products, articles, and services available for purchase within the seller’s online shop do not constitute a binding offer by the seller in the legal sense, but rather an invitation to the buyer to make an offer.
2. After the buyer submits an order, they immediately receive an email confirming receipt of the order; however, this does not yet constitute acceptance of the offer in the legal sense, and therefore the contract is not yet concluded at this point. The contract is concluded by means of a separate order confirmation from the seller within five days. Alternatively, the contract is concluded within five days if the ordered goods are delivered to the customer or the customer is requested to make payment.
3. A minimum order value of €50 applies (value of goods excluding shipping costs). If this amount is not reached, an order cannot be placed.

§ 3 Prices, Value Added Tax, Payment

1. All prices stated are total prices including statutory value added tax, plus any shipping costs incurred depending on the delivery method (see § 4).
2. The seller offers those payment methods communicated within the online shop. The seller issues the customer with an invoice for the ordered goods, which is enclosed with the delivery of the goods or sent by post.

§ 4 Delivery, Shipping Costs, and Transfer of Risk

1. Delivery is made exclusively within the European Union (EU). Insofar as delivery (dispatch to the shipping company) has been agreed between the seller and the buyer, this shall take place without delay after receipt of payment. Please refer to the respective product description for shipping and packaging costs and the delivery date. There, the shipping and packaging costs are shown precisely as a total amount for the respective countries to which the relevant items are shipped.
2. If the buyer is a consumer within the meaning of Section 13 BGB, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the customer or a person authorised to receive them. If the customer commissions the carrier or another person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer, even in the case of consumers, as soon as the seller has handed over the item to the carrier or the other person or institution designated to carry out the shipment.
3. If, on the other hand, the buyer is a business customer, the risk passes to the buyer as soon as the seller has handed over the item to the carrier or the other person or institution designated to carry out the shipment.
4. The seller’s delivery and payment terms are set out in more detail in the order form. Please refer to the respective product description for the delivery date.
5. On the final order page before submitting your offer, you will once again receive a complete overview of the essential characteristics of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

§ 5 Right of Withdrawal

Right of Withdrawal

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, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Ayurveda Parkschlösschen Bad Wildstein GmbH, represented by the managing directors Ms Brigitte Preuß and Mr Kay-Uwe Brehm, Wildbadstraße 201-207, 56841 Traben-Trarbach, Germany, Email: , of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the enclosed sample withdrawal form for this purpose, although this is not mandatory.

You may also declare withdrawal using the online withdrawal function provided in our online shop via the “Withdraw from Contract” button or a similarly labelled function (the so-called “withdrawal button”). After you submit your withdrawal declaration, you will be sent immediate confirmation of its receipt on a durable medium. This confirmation of receipt will contain the essential details of your withdrawal declaration as well as the date and time of receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning 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 received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have sent back the goods, whichever is the earliest. 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. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts

• for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer;
• for the supply of goods that are liable to deteriorate or expire rapidly;
• for the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, but which can only be delivered after 30 days at the earliest, and whose current value is dependent on fluctuations in the market over which the trader has no control;
• for the supply of newspapers, periodicals, or magazines with the exception of subscription contracts;
• for the supply of goods where the price is dependent on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

The right of withdrawal may lapse in the case of contracts

• for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery;
• for the supply of goods that are, after delivery, inseparably mixed with other items due to their nature;
• for the supply of sound or video recordings or computer software in sealed packaging, if the seal has been removed after delivery;
• for the supply of digital content that is not supplied on a physical data carrier, if we have begun performance of the contract after you have expressly agreed that we may begin performance before the withdrawal period has expired, and you have confirmed your awareness that, by giving this consent, you lose your right of withdrawal once performance of the contract has begun, and we have provided you with a confirmation of the contract, reflecting the content of the contract including the aforementioned conditions for the premature lapse of the right of withdrawal, on a durable medium.

— End of the withdrawal instructions —

§ 6 Retention of Title

The seller retains title to the goods until the purchase price has been paid in full.

§ 7 Liability for Defects

1. The statutory liability for defects applies to our goods. Consumers are also generally entitled to a right of withdrawal. Please refer to the seller’s withdrawal instructions for further information on the right of withdrawal.
2. If a consumer purchases used goods, the limitation period for claims for defects is one year from delivery of the goods, provided this agreement was expressly and separately agreed contractually between the buyer and the seller before the customer’s contractual declaration was submitted.
3. The following applies to business customers:
   • The limitation period for new goods is one year from delivery of the goods
   • Claims for defects are excluded for used goods
   • If a replacement delivery is made, the limitation period does not begin anew
   • The seller may choose the type of subsequent performance
4. The shortened limitation periods and limitations of liability set out in § 7 items 2 and 3 do not apply:
   • to the customer’s claims for damages or reimbursement of expenses
   • if the defect was fraudulently concealed by the seller
   • insofar as there is an obligation to provide updates for digital products under a contract for the supply of goods with digital elements
   • for goods that cause a defect in a building and are customarily used in such a building

§ 8 Further Information Obligations for Distance Contracts and Electronic Commerce

1. Technical Steps for the Conclusion of the Contract/Ordering Process

Select the products you wish to order by clicking the shopping cart icon button (“Add”). This places your selection in the shopping cart. You may change this selection at any time until you submit your order, by changing the quantity of products, deleting the selection by clicking the “Delete” button, or cancelling the ordering process. Clicking the “Continue with Order” button takes you to the next step of the ordering process. You then enter your customer details. Your data is collected, processed, and used in accordance with the applicable data protection provisions. It is not used for any other purpose or passed on to third parties. Select the delivery method. Please read the General Terms and Conditions and the withdrawal instructions carefully. You may only proceed with the order if you agree to the Terms and Conditions and the withdrawal instructions (by ticking the checkbox). In the next step of the ordering process, please select your preferred method of payment. By clicking the “Buy” button, you submit your order to us. In doing so, you make a legally binding offer.

2. Storage of the Contract Text after Conclusion of the Contract and Accessibility for the Customer

The text of the contract and your order details are stored by the seller. Once you have completed your order, you will receive a clear order confirmation containing all the details of your order. You also have the option of printing out the text of the contract using your browser’s print function. Your order details are also included separately in the email sent to you. In addition, the seller will send the contractual terms to the buyer by email at any time upon request.

3. Ability to Correct Input Errors

Before submitting your order, you may correct your entries at any time. This can be done either by using the “back” button or the “back arrow” of your internet browser. You may correct entries directly on the individual offer pages in the existing input fields. You may also update the products or delete individual products within the virtual shopping cart. All these correction options remain available up to and including the submission of the binding offer via the “Buy” button.

4. Contract Language

The language of the contract is exclusively German.

5. Codes of Conduct

The seller has not subscribed to any relevant codes of conduct.

6. Order Confirmation

After the customer submits the offer, they will receive a confirmation email.

7. Complaints and Warranty Claims

Complaints, in particular warranty claims, are to be directed to the seller.

8. Essential Characteristics of the Goods

Please refer to the product description for the essential characteristics of the goods. This also applies to the period of validity of any time-limited offers.

§ 9 Information Obligation under the German Battery Act (BattG)

In connection with the sale of batteries or accumulators, or the supply of devices containing batteries or accumulators, we are obliged under the Battery Ordinance to point out the following: batteries must not be disposed of with household waste. As an end user, you are legally required to return used batteries. You can return batteries free of charge after use at the point of sale or in its immediate vicinity (e.g. at municipal collection points or in retail outlets). You may also send batteries from our range back to us by post in normal household quantities. Batteries or accumulators containing hazardous substances are marked with the symbol of a crossed-out wheeled bin. The chemical designation of the hazardous substance is shown next to the wheeled bin symbol. “Cd” stands for cadmium, “Pb” for lead, “Hg” for mercury, “Li” for lithium, “Ni” for nickel, “Mh” for metal hydride, and “Zi” for zinc. The symbols beneath the wheeled bins mean:

• Pb: the battery contains more than 0.004% lead by mass
• Cd: the battery contains more than 0.002% cadmium by mass
• Hg: the battery contains more than 0.0005% mercury by mass

The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.

Further detailed information on the Battery Act is also available from the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety.

§ 10 Act on the Placing on the Market, Take-Back, and Environmentally Sound Disposal of Electrical and Electronic Equipment

Since 13 August 2005, manufacturers have been required to take back old electrical equipment placed on the market free of charge. Manufacturers are required to mark their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (a crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such waste equipment must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via local collection and return systems. In accordance with the German Electrical and Electronic Equipment Act (“ElektroG”) of 23 March 2005, from 25 November 2005 we only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can provide an insolvency-proof guarantee for financing the take-back and disposal of their electrical equipment.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer, as well as to the respective terms and conditions. Consumers with habitual residence abroad may also rely on the law of the state in which they are resident, regardless of the specific choice of law.