GTCs

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Granting of Usage Rights for Digital Content
  7. Duration and Termination of Contract for Subscription Contracts
  8. Retention of Title
  9. Liability for Defects (Warranty)
  10. Liability
  11. Redemption of Promotional Vouchers
  12. Redemption of Gift Vouchers
  13. Applicable Law
  14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Markus Nilles, trading under “WildNatur” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods displayed by the Seller in their online store. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.

1.2 These GTC apply correspondingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 These GTC apply correspondingly to contracts for the provision of digital content unless otherwise stipulated. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.4 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activities.

1.5 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity, acting in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.6 The subject of the contract may – depending on the Seller’s content description – be either a one-time provision of digital content or the regular provision of digital content (hereinafter referred to as “subscription contract”). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the agreed duration of the contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers by the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer’s offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive; or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
  • requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the Customer selects the payment method “Amazon Payments,” the payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method in the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time the Customer triggers the payment transaction by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted their order. Further access to the contract text by the Seller is not provided. If the Customer has set up a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the magnification function of the browser, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process until they click the button that concludes the ordering process by using the usual keyboard and mouse functions.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the online store.

2.9 The order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters allow all e-mails sent by the Seller or third parties commissioned by the Seller to process the order to be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not a member of a European Union member state and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices stated are total prices. Value-added tax is not shown, as the Seller is a small business within the meaning of the UStG (German VAT Act). Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import-related taxes and duties (e.g., customs duties). Such costs may also arise with regard to the transfer of funds if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller’s online store.

4.4 If the Customer selects a payment method offered via the “PayPal” payment service, the payment processing is carried out through PayPal, which may use third-party payment service providers to assist in the transaction. If the Seller offers payment methods through PayPal where they make an advance payment to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the specific payment service provider designated by PayPal. Before accepting the assignment of the Seller’s claim, PayPal or the payment service provider designated by PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the credit check result is negative. If the payment method is approved, the Customer is obligated to pay the invoice amount within the agreed payment period or intervals. Payment can only be made to PayPal or the payment service provider designated by PayPal. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations, and refunds.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the specified delivery area to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for processing the transaction.

5.2 If the delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions of the Seller’s withdrawal policy apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or an authorized recipient upon handover of the goods. However, the risk passes to the Customer even if they are acting as a consumer as soon as the Seller delivers the item to the carrier, freight forwarder, or other designated person or institution for shipment, provided the Customer has instructed that person or institution to perform the shipping and the Seller has not previously designated this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the Seller’s fault and they have exercised due diligence in securing a specific supply arrangement with the supplier. The Seller will make reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be promptly informed, and any consideration paid will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

  • via download
  • via e-mail

5.7 Digital content will be provided to the Customer as follows:

  • via direct access on the website of the Seller
  • via download
  • via e-mail

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive, geographically and temporally unrestricted right to use the provided content for private and commercial purposes.

6.2 Passing on content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller agrees to the transfer of the contractual license to the third party.

6.3 In cases where the contract pertains to the one-time provision of digital content, the rights of use will only take effect once the Customer has paid the full agreed remuneration. The Seller may allow use of the contractual content before this time; however, this does not entail a transfer of rights.

7) Duration and Termination of Contract for Subscription Contracts

7.1 The right to terminate for cause remains unaffected. Cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end of the contract or the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

7.2 Terminations may be made in writing, in text form (e.g., via e-mail), or electronically via the cancellation facility (cancellation button) provided on the Seller’s website.

8) Retention of Title

If the Seller provides goods in advance, they retain ownership of the delivered goods until the owed purchase price has been paid in full.

9) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

9.1 If the Customer acts as an entrepreneur:

  • The Seller has the choice of the type of supplementary performance;
  • The limitation period for defects in new goods is one year from delivery of the goods;
  • Claims and rights due to defects in used goods are excluded;
  • The limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

9.2 The above limitations and shortened periods do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,
  • in cases where the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products for contracts for the supply of goods with digital elements.

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

9.4 If the Customer is a merchant within the meaning of Section 1 HGB (German Commercial Code), they have the obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed to have been approved.

9.5 If the Customer acts as a consumer, they are requested to file a complaint with the deliverer regarding delivered goods with obvious transport damage and to inform the Seller of this. Failure to comply with this does not affect the Customer’s statutory or contractual claims for defects.

10) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

10.1 The Seller is liable without limitation on any legal grounds:

  • in cases of intent or gross negligence,
  • in the event of willful or negligent injury to life, limb, or health,
  • based on a guarantee promise, unless otherwise provided,
  • due to mandatory liability, such as under the Product Liability Act.

10.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the observance of which the Customer may regularly rely.

10.3 Any further liability on the part of the Seller is excluded.

10.4 The above liability provisions also apply with regard to the liability of the Seller for their agents and legal representatives.

11) Redemption of Promotional Vouchers

11.1 Vouchers that the Seller issues free of charge as part of promotional campaigns with a certain validity period and which the Customer cannot purchase (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher campaign if a corresponding restriction is evident from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

11.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.10 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

12) Redemption of Gift Vouchers

12.1 Vouchers that can be purchased through the Seller’s online store (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online store unless otherwise indicated on the voucher.

12.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiry date.

12.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent settlement is not possible.

12.4 Only one Gift Voucher can be redeemed per order.

12.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

12.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

12.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it earn interest.

12.8 The Gift Voucher is transferable. The Seller may make a liberating payment to the respective holder who redeems the Gift Voucher in the Seller’s online store. This does not apply if the Seller is aware or grossly negligently unaware of the ineligibility, lack of legal capacity, or lack of representative authority of the respective holder.

13) Applicable Law

13.1 The legal relationships of the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of goods. For consumers, this choice of law only applies to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, are not citizens of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

14) Alternative Dispute Resolution

14.1 The EU Commission provides an online dispute resolution platform, accessible at the following link: https://ec.europa.eu/consumers/odr

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

14.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Copyright Notice
© Markus Nilles. All Rights Reserved.
© WildeNatur. All Rights Reserved.

The content of this website, including text, images, and graphics, is protected by copyright and is the property of Markus Nilles & WildeNatur, unless otherwise noted. Any use of the content, including reproduction, modification, distribution, or republication without prior written consent from Markus Nilles is strictly prohibited.

This restriction applies to commercial or private purposes, publication in other media or on other websites, and the modification and editing of the material. For inquiries regarding the use of content from this website, please contact kontakt@wildenatur.com.