Terms of service
General terms and conditions
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. 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 self-employed professional activity.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Santaverde GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.
We accept your offer within two days by
- we issue a declaration of acceptance in a separate e-mail, or
- we have the goods delivered or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German.
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. Delivery conditions
Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
We reserve the right to exclude individual payment methods.
Credit card (MasterCard, Visa)
You enter your credit card details when you place your order. Your card will be charged immediately after placing the order.
If you select the payment method "Payment by credit card", the payment will be processed by Mollie B.V. (https://www.mollie.com/de), Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter "Mollie"). We pass on to Mollie the information you provide during the ordering process, together with information about your order, in accordance with Art. 6 Para. 1 lit. b) DSGVO. Your data will only be passed on for the purpose of processing payment and only to the extent necessary for this purpose. You can obtain further information about Mollie's data protection policy at the following Internet address: https://www.mollie.com/de/privacy.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information on the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Please note that even if you pay by invoice via Klarna, we are still responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revocation declarations and returns or credit notes.
eps
eps-Überweisung is an online payment procedure of the Austrian banks for purchases in webshops or for the processing of electronic official transactions (eGovernment) in Austria.
When paying by eps-Überweisung, a central list of participating Austrian banks opens after you have selected your payment method. You can then select your bank. You then enter your login data in the login window of your online banking and carry out the transfer immediately with the help of a TAN. No registration is required for payment with eps-Überweisung.
6. Retention of title
The goods remain our property until full payment has been made.
7. Damages in transit
If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Validity of the statutory liability for defects
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following limitations and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions on consumers
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
9. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Platform to alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here (http://ec.europa.eu/consumers/odr/). We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
This GTC was created using the Trusted Shops legal copywriter in cooperation with FÖHLISCH Rechtsanwälte (in German Language).
