General terms and conditions of business
for the online shop of Sanatur GmbH
(Status 01/2023)
1.Scope of application, consumer, entrepreneur
1.These terms and conditions apply to customers who order products from our online shop. Unless otherwise stated, they apply to consumers as well as to entrepreneurs.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (§ 14 BGB).
3. If you are an entrepreneur, the following applies: These terms and conditions apply exclusively to all - including future - deliveries and services. Deviating or additional terms and conditions of you shall not become part of the contract unless we expressly agree to them. In this case, they shall only apply to the respective individual contract. Individual agreements always have priority.
2. Formation of the contract, contract text and language
1. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2. You can place the selected goods in the "shopping basket". On the "Shopping Cart" page, we will guide you through the ordering process. You can change and correct your entries there by clicking on the corresponding buttons. Before you complete your order, we will show you all the data again, in particular the shopping basket, the prices and your personal delivery and invoice data, which you can change and correct if necessary by clicking on the corresponding buttons.
3. By clicking on the button "Order subject to payment", you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by confirming it by e-mail or by delivering the goods within five working days.
4. The conclusion of the contract is subject to the reservation of self-delivery by our suppliers. This does not apply if we are responsible for the non-delivery, in particular if we have not concluded a congruent hedging transaction. We will inform you immediately of the non-availability of the goods and reimburse any consideration already paid without delay.
5. You can view, save and print these General Terms and Conditions at any time here. We also save the text of the contract and send you the order data by e-mail. You can also print out this data as part of the ordering process as an "order confirmation". You can view past orders in your customer account.
6. The contract language is German.
3. Cancellation policy and cancellation form
The cancellation policy and the cancellation form are only intended for consumers.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of the following
Sanatur GmbH, Im Haselbusch 16
78224 Singen (Hohentwiel)
Telephone: +49 77 31 87 83 0
Fax: +49 77 31 87 83 81
e-mail: info@sanatur.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an inspection of the condition, properties and functioning of the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To:
Sanatur GmbH, Im Haselbusch 16
78224 Singen (Hohentwiel)
Telephone: +49 77 31 87 83 0
Fax: +49 77 31 87 83 81
E-mail: info@sanatur.de
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/provision of the following service
ordered on/received on ..................................................................
Name of the consumer(s) ..................................................................
Address of the consumer(s) ..................................................................
..................................................................
Signature of the consumer(s)
(only in case of notification on paper) ..................................................................
Date ..................................................................
4. Delivery, shipping costs
1. If you are an entrepreneur, the risk shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise
designated to carry out the shipment.
2. We deliver within the European Union, to Switzerland and to Monaco.
3. You have the option of collecting ordered goods or having them collected at your own expense.
4. Within Germany we deliver free of charge from an order value of 25.00 EUR.
5. For shipments to Belgium, Denmark, France, Liechtenstein, Luxembourg, Monaco, the Netherlands and Austria, we charge a flat rate of 14.50 EUR.
6. For shipping to other EU member states and Switzerland, we charge a flat rate of 16.50 EUR.
7. Unless otherwise stated for the respective product, the delivery time is 3 to 7 working days.
5. Retention of title
1. The goods remain our property until they have been paid for in full.
2. If you are an entrepreneur, the following shall also apply:
1. We retain title to our goods until all claims, including future claims, arising from the entire business relationship, including all ancillary claims, have been paid in full and until all bills of exchange and cheques have been honoured ("goods subject to retention of title"). In the case of a current account, the reserved property shall serve as security for the balance of the account.
2. In the event of any breach of contract by you, in particular in the event of default in payment, we may demand surrender of the goods subject to retention of title which are our property; we shall be entitled to take possession thereof. If we take back the goods subject to retention of title, this shall constitute a withdrawal from the contract. After taking back the goods subject to retention of title, we shall be entitled to realise them. The proceeds of the realisation shall be set off against your liabilities - less reasonable realisation costs.
3. You are permitted to resell the goods subject to retention of title within the scope of your ordinary business operations. You hereby assign to us all claims against your customers arising from the resale; we hereby accept the assignment. You remain authorised to collect the claims assigned to us. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as you meet your payment obligations, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. However, if this is the case, you shall immediately send a list of the assigned claims upon request, stating the address of the customer and the amount of the claim. At our request, you shall inform the customer of the assignment and provide us with the information required to assert our rights and hand over the necessary documents.
4. Extraordinary dispositions, such as pledging and transfer by way of security, are not permitted. Access by third parties to the goods subject to retention of title or to a claim assigned to us, in particular seizures, must be notified to us by you in text form without delay. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771 ZPO, you shall be liable for the loss incurred.
5. We undertake to release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent upon us. The release shall be effected by transfer of ownership or reassignment.
6. Prices
1. The prices at the time of the order apply. All prices include the applicable German sales tax and do not include shipping costs.
2. Insofar as prices are based on the weight of the goods, the weight determined by us shall be used as a basis; during transport to you and during interim storage, there
may be a natural reduction in weight.
3. If you are an entrepreneur, the following shall also apply: If the agreed prices are based on our list prices and the delivery is to take place more than four months after
conclusion of the contract, the list prices valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).
7. Payment
1. We accept payment in advance less 2% discount, invoice and PayPal.
2. If you choose payment in advance, we will inform you of the bank details by e-mail. The goods will be shipped to you as soon as the payment has been received on our
account.
3. Purchase on account is only possible for new customers up to a purchase amount of 100.00 €. The invoice will be sent to you together with the goods.
8. Offsetting and right of retention
You shall only have the right of set-off if your counterclaim has been legally established or is undisputed. This offsetting prohibition does not apply to counterclaims due to a defect which are based on the same contractual relationship as our claim. You are only entitled to exercise the right of retention insofar as your counterclaim is based on the same contractual relationship.
9. Claims due to a defect in the goods
1. In the event of defects, you have the statutory claims.
2. Natural products can often have slight variations in smell, taste, colour, scent and consistency; such variations do not constitute defects.
3. If you are an entrepreneur, the following also applies:
1. You must immediately inspect the goods received for defects. Notice of recognisable defects must be given immediately, at the latest within ten working days of delivery,
and of non-recognisable defects at the latest within five days of discovery, at least in text form. In the case of mutual commercial transactions between merchants, § 377
of the German Commercial Code (HGB) shall remain unaffected. Deliveries are to be accepted by you, even if the goods have insignificant defects.
2. If a claim is made against you by a consumer or by way of recourse by an entrepreneur due to a defect in the goods, you must notify us immediately. Recourse against
us is only possible insofar as you have not concluded an agreement with your customers that goes beyond the statutory claims for liability for defects.
3. The limitation period for claims based on a defect in the goods is one year. This does not apply to claims for damages which are directed towards compensation for
physical injury or damage to health or which are based on intent or gross negligence on our part or on the part of our vicarious agents. The limitation of recourse claims
shall also remain unaffected.
10. Liability
1. Our liability for slight negligence is excluded unless we have breached a material contractual obligation, i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract or on the observance of which the customer may regularly rely. In this case, our liability is limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known to us.
2. However, we shall be liable without limitation for damages arising from injury to body, life or health, for intent and gross negligence, for the absence of a guaranteed quality and in accordance with the Product Liability Act.
3. If you are an entrepreneur, the following also applies: The limitation period for your claims for damages that are not based on a defect in the goods is one year. The statutory limitation of claims due to intent or gross negligence as well as in the case of injury to body and health and due to the Product Liability Act remains unaffected.
11. Online dispute resolution, dispute settlement
1. The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online
order without having to go to court. The dispute resolution platform can be reached via the external link https://ec.europa.eu/consumers/odr/.
2. Our email address is: info@sanatur.de
3. We always endeavour to resolve any disagreements with our customers amicably. However, we are not prepared to participate in dispute resolution proceedings before
consumer arbitration boards. We are also not obliged to do so.
12. Applicable law, place of jurisdiction, data protection, severability clause
1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, you may, notwithstanding the above, invoke those provisions of the state of your habitual residence which may not be deviated from by agreement.
2. If you do not have a domestic general place of jurisdiction, if you have moved your place of residence or your habitual abode abroad after conclusion of the contract, if neither your place of residence nor your habitual abode is known at the time of filing an action or if you are a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction; however, we are also entitled to file suit at your general place of jurisdiction.
3. Should one or more of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.
(Status 01/2023)
1.Scope of application, consumer, entrepreneur
1.These terms and conditions apply to customers who order products from our online shop. Unless otherwise stated, they apply to consumers as well as to entrepreneurs.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (§ 14 BGB).
3. If you are an entrepreneur, the following applies: These terms and conditions apply exclusively to all - including future - deliveries and services. Deviating or additional terms and conditions of you shall not become part of the contract unless we expressly agree to them. In this case, they shall only apply to the respective individual contract. Individual agreements always have priority.
2. Formation of the contract, contract text and language
1. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2. You can place the selected goods in the "shopping basket". On the "Shopping Cart" page, we will guide you through the ordering process. You can change and correct your entries there by clicking on the corresponding buttons. Before you complete your order, we will show you all the data again, in particular the shopping basket, the prices and your personal delivery and invoice data, which you can change and correct if necessary by clicking on the corresponding buttons.
3. By clicking on the button "Order subject to payment", you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by confirming it by e-mail or by delivering the goods within five working days.
4. The conclusion of the contract is subject to the reservation of self-delivery by our suppliers. This does not apply if we are responsible for the non-delivery, in particular if we have not concluded a congruent hedging transaction. We will inform you immediately of the non-availability of the goods and reimburse any consideration already paid without delay.
5. You can view, save and print these General Terms and Conditions at any time here. We also save the text of the contract and send you the order data by e-mail. You can also print out this data as part of the ordering process as an "order confirmation". You can view past orders in your customer account.
6. The contract language is German.
3. Cancellation policy and cancellation form
The cancellation policy and the cancellation form are only intended for consumers.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of the following
Sanatur GmbH, Im Haselbusch 16
78224 Singen (Hohentwiel)
Telephone: +49 77 31 87 83 0
Fax: +49 77 31 87 83 81
e-mail: info@sanatur.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an inspection of the condition, properties and functioning of the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To:
Sanatur GmbH, Im Haselbusch 16
78224 Singen (Hohentwiel)
Telephone: +49 77 31 87 83 0
Fax: +49 77 31 87 83 81
E-mail: info@sanatur.de
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/provision of the following service
ordered on/received on ..................................................................
Name of the consumer(s) ..................................................................
Address of the consumer(s) ..................................................................
..................................................................
Signature of the consumer(s)
(only in case of notification on paper) ..................................................................
Date ..................................................................
4. Delivery, shipping costs
1. If you are an entrepreneur, the risk shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise
designated to carry out the shipment.
2. We deliver within the European Union, to Switzerland and to Monaco.
3. You have the option of collecting ordered goods or having them collected at your own expense.
4. Within Germany we deliver free of charge from an order value of 25.00 EUR.
5. For shipments to Belgium, Denmark, France, Liechtenstein, Luxembourg, Monaco, the Netherlands and Austria, we charge a flat rate of 14.50 EUR.
6. For shipping to other EU member states and Switzerland, we charge a flat rate of 16.50 EUR.
7. Unless otherwise stated for the respective product, the delivery time is 3 to 7 working days.
5. Retention of title
1. The goods remain our property until they have been paid for in full.
2. If you are an entrepreneur, the following shall also apply:
1. We retain title to our goods until all claims, including future claims, arising from the entire business relationship, including all ancillary claims, have been paid in full and until all bills of exchange and cheques have been honoured ("goods subject to retention of title"). In the case of a current account, the reserved property shall serve as security for the balance of the account.
2. In the event of any breach of contract by you, in particular in the event of default in payment, we may demand surrender of the goods subject to retention of title which are our property; we shall be entitled to take possession thereof. If we take back the goods subject to retention of title, this shall constitute a withdrawal from the contract. After taking back the goods subject to retention of title, we shall be entitled to realise them. The proceeds of the realisation shall be set off against your liabilities - less reasonable realisation costs.
3. You are permitted to resell the goods subject to retention of title within the scope of your ordinary business operations. You hereby assign to us all claims against your customers arising from the resale; we hereby accept the assignment. You remain authorised to collect the claims assigned to us. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as you meet your payment obligations, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. However, if this is the case, you shall immediately send a list of the assigned claims upon request, stating the address of the customer and the amount of the claim. At our request, you shall inform the customer of the assignment and provide us with the information required to assert our rights and hand over the necessary documents.
4. Extraordinary dispositions, such as pledging and transfer by way of security, are not permitted. Access by third parties to the goods subject to retention of title or to a claim assigned to us, in particular seizures, must be notified to us by you in text form without delay. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771 ZPO, you shall be liable for the loss incurred.
5. We undertake to release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent upon us. The release shall be effected by transfer of ownership or reassignment.
6. Prices
1. The prices at the time of the order apply. All prices include the applicable German sales tax and do not include shipping costs.
2. Insofar as prices are based on the weight of the goods, the weight determined by us shall be used as a basis; during transport to you and during interim storage, there
may be a natural reduction in weight.
3. If you are an entrepreneur, the following shall also apply: If the agreed prices are based on our list prices and the delivery is to take place more than four months after
conclusion of the contract, the list prices valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).
7. Payment
1. We accept payment in advance less 2% discount, invoice and PayPal.
2. If you choose payment in advance, we will inform you of the bank details by e-mail. The goods will be shipped to you as soon as the payment has been received on our
account.
3. Purchase on account is only possible for new customers up to a purchase amount of 100.00 €. The invoice will be sent to you together with the goods.
8. Offsetting and right of retention
You shall only have the right of set-off if your counterclaim has been legally established or is undisputed. This offsetting prohibition does not apply to counterclaims due to a defect which are based on the same contractual relationship as our claim. You are only entitled to exercise the right of retention insofar as your counterclaim is based on the same contractual relationship.
9. Claims due to a defect in the goods
1. In the event of defects, you have the statutory claims.
2. Natural products can often have slight variations in smell, taste, colour, scent and consistency; such variations do not constitute defects.
3. If you are an entrepreneur, the following also applies:
1. You must immediately inspect the goods received for defects. Notice of recognisable defects must be given immediately, at the latest within ten working days of delivery,
and of non-recognisable defects at the latest within five days of discovery, at least in text form. In the case of mutual commercial transactions between merchants, § 377
of the German Commercial Code (HGB) shall remain unaffected. Deliveries are to be accepted by you, even if the goods have insignificant defects.
2. If a claim is made against you by a consumer or by way of recourse by an entrepreneur due to a defect in the goods, you must notify us immediately. Recourse against
us is only possible insofar as you have not concluded an agreement with your customers that goes beyond the statutory claims for liability for defects.
3. The limitation period for claims based on a defect in the goods is one year. This does not apply to claims for damages which are directed towards compensation for
physical injury or damage to health or which are based on intent or gross negligence on our part or on the part of our vicarious agents. The limitation of recourse claims
shall also remain unaffected.
10. Liability
1. Our liability for slight negligence is excluded unless we have breached a material contractual obligation, i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract or on the observance of which the customer may regularly rely. In this case, our liability is limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known to us.
2. However, we shall be liable without limitation for damages arising from injury to body, life or health, for intent and gross negligence, for the absence of a guaranteed quality and in accordance with the Product Liability Act.
3. If you are an entrepreneur, the following also applies: The limitation period for your claims for damages that are not based on a defect in the goods is one year. The statutory limitation of claims due to intent or gross negligence as well as in the case of injury to body and health and due to the Product Liability Act remains unaffected.
11. Online dispute resolution, dispute settlement
1. The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online
order without having to go to court. The dispute resolution platform can be reached via the external link https://ec.europa.eu/consumers/odr/.
2. Our email address is: info@sanatur.de
3. We always endeavour to resolve any disagreements with our customers amicably. However, we are not prepared to participate in dispute resolution proceedings before
consumer arbitration boards. We are also not obliged to do so.
12. Applicable law, place of jurisdiction, data protection, severability clause
1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, you may, notwithstanding the above, invoke those provisions of the state of your habitual residence which may not be deviated from by agreement.
2. If you do not have a domestic general place of jurisdiction, if you have moved your place of residence or your habitual abode abroad after conclusion of the contract, if neither your place of residence nor your habitual abode is known at the time of filing an action or if you are a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction; however, we are also entitled to file suit at your general place of jurisdiction.
3. Should one or more of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.