General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded through this webshop between us, the

Phytonics GmbH
Durmersheimer Str. 55
Managing Director: Ruben Hünig
Register Court: Mannheim / Register Number: HRB 740118
and you as our customer.

The GTC apply regardless of whether you are a consumer or a business.

(2) All agreements made between you and us in connection with the purchase contract are set out in our offer, these GTC, and your declaration of acceptance.

(3) The version of the GTC valid at the time of the conclusion of the contract is applicable.

(4) We do not accept any deviating conditions from the customer. This also applies if we do not expressly object to their inclusion.

§ 2 Conclusion of Contract

(1) You will receive an offer to conclude a contract from us in the form of a PDF file sent by email (hereinafter referred to as “Offer”). The Offer constitutes a legally binding declaration of intent aimed at concluding a contract. You can accept the Offer by declaring acceptance in text form (e.g., via email). The contract is concluded by your acceptance of the Offer.

(2) The Offer is valid until the expiration date specified in the Offer. After this date, we are no longer bound by the Offer. Should we receive your declaration of acceptance after this date, it constitutes a new offer from you to conclude the contract under the conditions specified in the Offer. In this case, a contract is only concluded if we confirm the conclusion of the contract to you by declaration or by delivering the goods.

(3) Our Offers can only be accepted or rejected without changes.

§ 3 Right of Withdrawal

(1) If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal according to the statutory provisions.

(2) If you exercise your right of withdrawal as a consumer pursuant to paragraph 1, you must bear the regular costs of the return shipment.

(3) Otherwise, the regulations that are detailed in the following withdrawal policy apply to the right of withdrawal:

Withdrawal Policy

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 (enter the name of the entrepreneur, address, and, if available, telephone number, fax number, and email address) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory. You can also electronically fill out and submit the model withdrawal form or any other clear statement on our website [insert internet address]. If you use this option, we will immediately send you (e.g., by email) a confirmation of the receipt of such a withdrawal.
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.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. We will make such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back the goods or hand them over to us or to [insert name and address of the person authorized by you to receive the goods, if applicable], without undue delay and in any event no 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 back 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 the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

• End of the Withdrawal Policy –

(4) The right of withdrawal does not exist for distance contracts

(a) for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by you.

§ 4 Delivery Conditions and Prepayment Reservation

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) The delivery period is approximately 4-8 weeks, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – upon conclusion of the contract.

(3) For orders from customers with a place of residence or business outside of Germany, or if there are justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

§ 5 Prices and Shipping Costs

(1) The prices and shipping costs stated in the Offer are binding.

(2) If we fulfill your order according to § 4 paragraph 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(3) If you effectively revoke your declaration of the contract according to § 3, you can demand reimbursement of any costs already paid for shipping to you (outbound shipping costs) under the statutory conditions (see § 3 paragraph 3 for other consequences of revocation).

§ 6 Payment Terms and Set-Off

(1) The purchase price and the shipping costs are due at the times stated in the Offer.

(2) You are not entitled to offset our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset our claims if you assert complaints or counterclaims from the same purchase contract.

(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of Title

The delivered goods remain our property until full payment of the purchase price.

§ 8 Warranty

(1) We are liable for defects in the delivered items according to the applicable statutory provisions. The limitation period for statutory defect claims is two years and begins with the delivery of the goods.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply alongside the claims for defects as per paragraph 1. The details of the scope of such guarantees are set out in the warranty conditions that may be included with the items.

§ 9 Liability

(1) In all cases of contractual and non-contractual liability, we are liable to you for damages or reimbursement of futile expenses in accordance with the statutory provisions for intent and gross negligence.

(2) In other cases, we are only liable – unless otherwise regulated in paragraph 3 – for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which you as a customer may regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 10 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you placed the order as a consumer and at the time of your order, your habitual residence is in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant or do not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is Karlsruhe. Otherwise, the applicable statutory provisions apply to the local and international jurisdiction.