General business terms and conditions for the purchase of goods as supplied by www.thebotanical.de
agreed upon between
Telephone: +49 211 566 96480
Fax: +49 211 5447 2086
– hereafter referred to as “the merchant” –
and the user of the platform indicated in § 2
– hereafter referred to as “the customer”.
§ 1 Scope
The following general terms and conditions shall govern the business relationship between the merchant and the customer as they appear at this time. Conditions from the customer that differ from these are not recognised, unless otherwise specified and agreed upon in writing by the merchant.
§ 2 Conclusion of contract
- The customer is able to select products from the merchant’s assortment and add them to his/her basket by clicking on the button “add to basket”. By clicking on “place order” the customer makes a binding agreement to purchase the goods within the so-called basket. Before placing the order the customer is able to review and amend any details.
- Subsequent to an order being placed, the merchant shall send an automated confirmation email with the subject line “Confirmation of your order at The Botancial”, in which the customer’s order is detailed and which the customer can print, should (s)he choose to. The order placed by the customer shall constitute the offer on which the contract is based. The confirmation email shall constitute the validation of the order by the merchant. The contents of the order shall be summarised in this confirmation. Either in this email or in a separate email – sent, at the latest, as the goods are delivered – the customer shall receive the full concluded contract. The text will be saved without undermining data protection.
- The contract is concluded in German.
§ 3 Delivery, product availability, terms of payment
- Stated delivery times are calculated at the time an order is confirmed (§ 2 (2) of these terms and conditions).
- Should a product ordered by the customer not be available, the merchant is obliged to inform the customer immediately. In the event that a delivery should be delayed by more than two weeks, the customer may reserve the right to withdraw from the contract. In this case the merchant is also entitled to rescind the contract, and shall reimburse any payments already made.
- The customer may process payment via PayPal or Klarna.
- The payment of the purchase price is due immediately with conclusion of the contract. If a specific date and time have been defined for payment to be completed by and are subsequently not met, it is understood that the customer has defaulted.
- In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Get first. Pay later (14 days): the payment period is 14 days from shipment of the goods or tickets/ availability date of the service. The complete terms and conditions for deliveries to Germany can be found here and the complete terms and conditions for deliveries to Austria can be found here.
- Slice it (only available for Germany): with the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (must be at least €6.95) or else in accordance with the conditions stated at the checkout. The installment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice it including terms and conditions and Standard European Consumer Credit Information you can find here.
- Direct transfer with SOFORT Überweisung
- Credit card (Visa/Mastercard/American Express)
- Direct debit
All payment options are offered within the scope of Klarna Checkout. Further information and Klarna’s user terms for Germany can be found here and for Austria here. General information on Klarna can be found here.
It should be noted that Klarna does not forward information which is to be provided by the merchant to the customer. Klarna neither informs customers on revocation rights regarding the agreement between the merchant and the customer, nor sends an order confirmation for the purchase. The merchant is responsible for providing such information to the customer.
§ 4 Prices and shipping costs
- All prices displayed on the merchant’s website are inclusive of the respective taxes and duties.
- The corresponding shipping costs shall be made available to the customer within the order form and are to be borne by the customer, unless the he/she should exert a potential right of withdrawal.
- In the event that an order is refunded, the customer is obliged to bear the costs of the returning of the item(s).
§ 5 Liability
- The right of the customer to claim for the reimbursement of damages is excluded, except for those damages which result from death, injury to the body, health or the breach of major contractual or cardinal obligations, and on account of other damage resulting from a deliberate or grossly negligent breach of obligations by the merchant, any legal representative of the merchant or vicarious agent. Major contractual obligations are those which are necessary to enable the fulfilment of the contract.
- The merchant is only liable for breach of major contractual obligation in the case of damage that is of a foreseeable nature and typical for this type of contract, and caused by recklessness, unless the customer claims damages which result from death, injury to the body or health.
- The restrictions mentioned in paragraphs (1) and (2) also apply in favour of any legal representatives and vicarious agents of the merchant, if claims are asserted directly against them.
- The product liability laws remain unaffected by the preceding rules.
§ 6 Notes of data processing
- The merchant shall collate data from the customer as necessary for the execution of the contract. The merchant shall observe the Federal Data Protection Act and the “Telemediengesetz”. Without the consent of the customer, the merchant shall only ask acquire, work with or use data from the customer as is necessary for fulfilling the contract and for telemedia purposes.
- Without the consent of the customer, the merchant shall not use customer data for the purposes of advertising, public opinion research or market research.
§ 7 Final provisions
- All contracts between the merchant and the customer are based on German law excluding the UN Sales Convention and international private law.
- In those cases where the customer is a vendor, a legal person governed by public law or a special assets fund under public law, legal domicile for any disputes arising out of the contract between the customer and the merchant shall be the merchant’s registered office.
- The contract shall remain valid in its other parts even if individual provisions are legally ineffective. The invalid term(s) shall be replaced, where possible, by the appropriate statutory regulations. Should this, however, present unreasonable hardship for either party, the contract shall become invalid in its entirety.
Alternative dispute resolution in accordance with art. 14, para. 1 of ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute settlement proceedings in front of a consumer arbitration board.