This English translation is provided for your convenience only. Only the German version is legally binding.

General Terms and Conditions with Customer Information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of ORGANICATION Europe GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller relating to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 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, acts 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 shop do not constitute binding offers on the part of the Seller but serve to invite the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by telephone, fax, email 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 email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer 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 result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal 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 User Agreement, 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German and English languages are available for concluding the contract.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

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 information on the right of withdrawal. Consumers can also exercise their right of withdrawal electronically via the “Vertrag widerrufen” (Withdraw from contract) function in the Seller’s online shop.

3.3 The right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such money transfer costs may also be incurred if delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, of which the Customer will be informed separately if necessary. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

4.7 If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). The individual payment methods offered via Klarna will be communicated to the Customer in the Seller’s online shop. If the Seller offers payment methods via Klarna in which the Seller provides advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its payment claim to Klarna. Before accepting the Seller’s declaration of assignment, Klarna carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to Klarna with debt-discharging effect. Klarna’s terms of use, available at https://www.klarna.com/de/, also apply. However, even in the event of assignment, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

5) Terms of delivery and shipping

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller 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 transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision made in the Seller’s information on the right of withdrawal applies to the return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, 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. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are not available or only partially available, the Customer will be informed immediately and any consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of title

If the Seller makes advance performance, it retains title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not start again if a replacement delivery is made as part of the liability for defects.

7.3 The above limitations of liability and shortened periods do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and to inform the Seller accordingly. If the Customer does not do so, this has no effect on their 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 promotional campaigns 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 shop and only within the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 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.

8.7 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.

8.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.9 The promotional voucher will not be refunded if the Customer returns goods paid for in full or in part with the promotional voucher as part of their statutory right of withdrawal.

8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.

9) Applicable law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

10) 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 is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is 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 bring an action before the court at the Customer’s registered office.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.