General Terms And Conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. Jurisdiction
  10. Alternative dispute resolution

1) Scope

1.1 These Terms and Conditions (hereinafter "T&Cs") for Nature System GmbH (hereinafter the "Vendor"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter the "Customer") concludes with the Vendor relating to goods presented by the Vendor in the online store. Any incorporation of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer in the sense of these T&Cs is any natural person who agrees a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity.

1.3 An entrepreneur in the sense of these T&Cs is a natural person, legal entity or legal partnership, acting in a commercial or independent professional capacity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the Vendor's online store do not constitute binding offers on the part of the Vendor but serve as the basis for submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated in the Vendor's online store. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer makes a legally binding offer to establish a contract for the goods in the shopping basket by clicking the button that confirms the ordering process. Alternatively, the Customer may submit the offer to the Vendor by telephone, fax or email.

2.3 The Vendor may accept the Customer's offer within five days

  • by sending the Customer a written order confirmation (e.g. by fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer's order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the earliest applicable time. The period for accepting the offer begins the day after submission of the offer by the Customer and ends once the fifth day has elapsed following submission of the offer. If the Vendor does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by their declaration of intent.

2.4 When submitting an offer via the Vendor's online order form, the contract text will be stored by the Vendor after the contract is concluded and sent to the Customer in writing (e.g. by email, fax or letter) once the order has been submitted. Other than this, the Vendor shall not make the text of the contract accessible. If the Customer has set up a user account in the Vendor's online store before submitting the order, the order data will be archived on the Vendor's website and can be retrieved by the Customer free of charge by entering the relevant login data to access the Customer's password-protected user account.

2.5 Before using the Vendor's online order form to submit a binding order, the Customer can check for possible input errors by carefully reading the information displayed on the screen. The browser's zoom function is an effective technical tool which makes it easier to detect any input errors by enlarging the display on the screen. The Customer can correct their input during the electronic ordering process by using the usual keyboard and mouse functionality up until the button to confirm the ordering process is clicked.

2.6 Contracts can be concluded in German or English.

2.7 Order processing and contact usually take place via email and the automated order processing system. The Customer must ensure that the email address provided for order processing is accurate and that emails sent to this address by the Vendor can be received successfully. In particular, when using spam filters the Customer must ensure this does not prevent delivery of any emails sent by the Vendor or by third parties commissioned by the Vendor to process the order.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More information on the right of withdrawal can be found in the Vendor's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a European Union member state at the time the contract is concluded and whose sole 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 Vendor's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases. The Vendor is not responsible for these costs, which must be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees), import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but where 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 Vendor's online store.

4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after the contract is concluded, unless the parties have agreed on a later payment date.

4.5 If the "SOFORT" payment method is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay an invoice via "SOFORT", the Customer must have an online banking account with "SOFORT" payment enabled, the Customer must authenticate their identity during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction is implemented immediately afterwards by "SOFORT", and the Customer's bank account is debited. Customers can find more detailed information about the "SOFORT" payment method online at https://www.klarna.com/sofort/.

5) Delivery and shipping conditions

5.1 If the Vendor offers to ship the goods, delivery will be made within the Vendor's specified delivery area with the goods being dispatched to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Vendor's order processing is decisive.

5.2 If the goods cannot be delivered for reasons that are the Customer's responsibility, the Customer shall cover any reasonable costs incurred by the Vendor as a result. This does not apply to the costs of a return shipment if the Customer has effectively exercised the right to cancel. If the Customer exercises the right to cancel, the provision made in the Vendor's cancellation policy shall apply to the return costs.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, carrier or other person or institution appointed to ship the relevant items. If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall only pass to the Customer at the point when the goods are handed over to the Customer or to a person authorised to receive them. Notwithstanding the above, if it was the Customer who appointed the forwarding agent, carrier or other person or institution to ship the items, and the Vendor did not previously name this person or institution to the Customer, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer — even in the case of consumers — as soon as the Vendor has delivered the goods to the forwarding agent, carrier or other person or institution appointed to ship the relevant items.

5.4 The Vendor reserves the right to withdraw from the contract in the event of a problem affecting the supply of goods to the Vendor themselves. This shall only apply in the event that the Vendor is not responsible for the supply problem and has taken reasonable care to put in place a specific covering transaction with the relevant supplier. The Vendor shall make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and payment will be refunded without delay.

5.5 Collection by the Customer is not possible for logistics reasons.

6) Retention of title

If the Vendor has paid in advance, the Vendor shall retain ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the regulations covering statutory liability for defects shall apply. Notwithstanding the above, the following shall apply to contracts for the delivery of goods:

7.2 If the Customer is acting as an entrepreneur,

  • the nature of the subsequent performance is up to the Vendor;
  • for claims regarding defects in new goods, the limitation period is one year from delivery of the goods;
  • rights and claims due to defects are excluded for used goods;
  • the limitation period shall not begin again if a replacement item is delivered under the scope of liability for defects.

7.3 The aforementioned limitations of liability and reduced time limits shall not apply

  • for claims for damages or reimbursement of expenses by the Customer,
  • for any case where the Vendor fraudulently concealed the defect,
  • for goods that have been used in a construction in accordance with their customary use and have caused the construction to be defective,
  • for any existing obligation by the Vendor to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.5 If the Customer is acting as a merchant according to § 1 of the German Commercial Code (HGB: Handelsgesetzbuch), the Customer shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the Customer is acting as a consumer, they are asked to make any complaints about delivered goods that have obviously been damaged in transportation to the delivery person and to inform the Vendor about this. If the Customer does not comply with this request, this shall have no effect on their statutory or contractual claims for defects.

8) Applicable law

8.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not overturned by mandatory legal provisions in the country where the consumer has their habitual residence.

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

9) Jurisdiction

If the Customer is acting as a merchant, a legal entity under public law, or a public corporation with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from this contract shall be the Vendor's registered office. If the Customer has their registered office outside the Federal Republic of Germany, the Vendor's registered office shall be the exclusive place of jurisdiction for any 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 any event, the Vendor is entitled to bring the matter before the court at the Customer's place of business in the aforementioned cases.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution which can be accessed via the following link: https://ec.europa.eu/consumers/odr

This platform serves as a site for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The Vendor is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.