Terms and conditions (AGB)
For orders and purchases from HEMERA international gmbh
The terms and conditions stipulated hereafter are legally binding for all orders and purchases from HEMERA International GmbH (hereafter referred to as “Seller”), Hohenzollernstrasse 8, D-80801 München, made directly from the seller and through the website www.naturallalinda.com, in the edition valid at the time of order placement. You may download and save or print this text. Any clauses or agreements differing from these terms are only valid after written confirmation by Hemera International GmbH. These terms and conditions of Hemera International GmbH (for direct and online business), are applicable to all contracts, made between a consumer or enterprise according to § 310 Abs. 1 BGB (hereafter referred to as “customer”) with the seller, in reference with the products and/or services offered by the seller. Thus HEMERA International Gmbh explicitly rejects acceptance of customers own terms and conditions, unless agreed otherwise
These terms and conditions also apply to contracts concerning the delivery of vouchers, unless agreed otherwise.
Sales representatives/staff or independent trade agents are not entitled or authorized to make legally binding statements about properties of any products sold, delivery terms or warranties of any kind.
2. Payment, Payment Terms And Property Rights
We offer the following types of payment: PayPal, or prepayment in full after receipt of invoice. HEMERA International GmbH reserves the rights whether to accept invoice payment after shipment. In such case the customer is legally liable to make the payment after receipt of invoice, but at the latest within 7 working days form the day of receipt. In case of non-compliance with this clause, the terms stipulated in paragraph 2, sentences 2 ff come into force.
All our prices are gross prices, including mandatory German VAT, unless explicitly stated otherwise. The price must be paid upon conclusion of online order.
When prepayment is made, we will ship the merchandise upon receipt of payment.
Bank transfers may take 1 – 7 days in general. As soon as we receive your payment on our account, we start the shipping process.
2.1. Invoice payment for commercial customers
The invoice amount is due on our account 10 days after receipt of invoice. Should there be any delay, which is caused by the customer, that delay will automatically incur late payment charges, as stipulated by the law. Without any reminder the customer is required to pay such charges and also any further collecting. The customer has the explicit right to prove that no damage has occurred, or to a lesser degree than the additional fees charged.
Until receipt of payment in full, the products delivered remain property of HEMERA International GmbH.
3. Conclusion of a contract
3.1. Conclusion of a contract through direct orders by commercial customers (Entrepreneur according to German Civil Law § 310 Abs. 1 BGB).
Information about products and prices given on the website are non-binding. The seller reserves the right to make changes in design or ingredients of the products in the process of innovation or other developments. When making an order the customer submits a binding offer. We have accepted your order if and once we assign an invoice number to your order. Your offer is accepted by HEMERA International GmbH when you receive confirmation. This confirmation entitles you to delivery of the products, as long as in accordance with the payment terms agreed.
Our indications about delivery terms are non-binding unless agreed otherwise in written form. We are entitled to part delivery, as long as deemed reasonable for the customer. Any additional costs thereof shall be covered by Hemera International GmbH.
By handing over the goods for shipment to the handling person of the shipper, or when the goods leave our warehouse for shipment, any risk is assumed by the customer. This clause also applies when we take charge of the shipping costs: shipping CPT (Incoterms 2013). Upon request of the customer we will arrange for transport insurance, costs will be covered by the customer.
3.2. Conclusion of a contract online by consumers
The product information provided in the seller’s online shop is non-binding. It is provided to enable the consumer to make a binding offer.
The consumer may place his offer by means of the order form provided through the online platform. In the order process the consumer puts the products he wishes to purchase into the virtual shopping cart. By clicking the order button to complete the purchase, the consumer makes a legally binding contractual offer for the goods/services in the shopping cart.
The seller may accept the customer’s offer within 5 days by one of the following actions
– Sending a written order confirmation (fax or email) to the customer, where receipt thereof by the customer is relevant
– Delivering the goods to the customer, where receipt thereof by the customer is relevant
– Asking the customer for payment or his order.
When any of the foregoing options have occurred, the contract is deemed concluded at the time when one of those options has happened first. When the seller does not accept the buying offer made by the customer within 5 days, the offer is deemed rejected and the buyer is no longer legally bound to his offer.
4. Right of cancellation
The right of cancellation is restricted to consumers according to German Civil Law § 13 BGB. The customer is entitled to cancel his conclusion of contract in written form (letter or email), or by returning the goods, with 14 days without giving any specific reason. The 14-day period starts upon receipt of this text, but not prior to delivery of the order to the customer. When recurring part delivery has been agreed, the period starts upon delivery of the first part. It does not start before HEMERA International GmbH has complied with its obligations according to German Civil Law § 312e Abs. 1 Satz 1 BGB, in combination with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient for you to send your communication, or return the goods, before the 14-day period has expired.
The notice of cancellation must be sent to:
HEMERA International GmbH
Tel: +49 89 44310 570
The right of cancellation does not apply to consumers who are not citizens of a European Union Member State and whose sole residency and delivery address are outside the territory of European Union.
For further details, please refer to the document: Right of cancellation.
4.1 Late delivery
In case of late delivery of goods purchased, caused by force majeure or coincidence, we cannot be held liable for such delay. In such case we will notify the customer immediately about such delay.
Any such delay, to a maximum of three months, is excluded from the right of cancellation of purchase contract.
5. Deficienciy claims
The product pictures are not always identical with the goods actually delivered. Due to product innovations the packaging and content may be changed. Please note instructions and indications on product labels.
The seller guarantees that the products are free from material and production defects at the time of sale (transfer of risk) for 30 months. This guarantee does not include regular material fatigue or fading. The warranty expires when the customer has used or altered the products. In case of clearly evident defects, the customer is obliged to notify the seller immediately, at the latest 14 days after delivery of the products. If the seller has neglected any of his duties, the customer is obliged to notify the seller immediately and to grant a reasonable period of time for remediation. Should such remediation fail, is the customer entitled to further remediation, price reduction of cancellation of contract.
HEMERA International GmbH is liable for damages as stipulated hereinafter:
We will not be held responsible for any claims for damages by customers for cases of light negligence of duties, when they are not essential for compliance with our contractual obligations. In cases of negligence of contractual obligations, the liability of HEMERA International GmbH is capped to the amount of the typically average foreseeable damage. This holds also true for damages caused by intended negligence of duties through handling or managing staff of HEMERA International GmbH. All limitations to liability are not applicable to cases or body injuries and damage caused by missing product properties or governed by the law on product liability.
When contract parties communicate with each other by email, they declare its unlimited effectiveness for transmission under the following premises:
An E-Mail must contain the name and E-Mail-address of the sender, time and dates of sending as well as the sender’s name at the end of the message. For non-encrypted email sent over the internet, there is no guarantee of confidentiality. Any such email is considered to have originated from the sending party, unless proved otherwise.
This form of communication is binding for all communication made concerning the closing of a contract. We explicitly exclude all agreements, that must be made in text form upon request of one of the contract parties.
8. Data protection
All data relevant for doing business will be saved. All personal data will be treated confidentially. HEMERA International GmbH will only give personal data to companies that it uses for processing its data and handling the shipping.
Any customer contract with HEMERA International GmbH, as well as these general terms and conditions, are governed by and construed in accordance with the laws the Federal Republic of Germany. United Nations Convention on Contracts for the International Sale of Goods is expressly excluded
For contracts with commercial customers, the place of performance and the sole place of jurisdiction is Munich. When a customer is incorporated outside the territory of the Federal Republic of Germany, the lace of incorporation of the seller is the sole place of jurisdiction for disputes arising of the contract, as long as the contract was concluded with the enterprise of the customer. The seller always reserves the right, to take legal action on the site of the customer.
Should one of the clauses of this contract become invalid, this will not affect any other part of the contract, which will remain valid. The parties to the contract will replace the clause that has become invalid, by such new clause that best reflects the economic interests of both parties.
Any claims shall be made to the address under § 3.
The European Commission provides a platform for extrajudicial settlement of online disputes (OS-Platform). http://ec.europa.eu/odr.