General terms and conditions
- Contracting party and scope of application
On the basis of these General Terms and Conditions of Business (AGB), there is an agreement between
Gaia Sustainable Concept UG (limited liability)
Registered court: Hamburg
Commercial register number: HRB 152899
hereinafter referred to as the Provider, the contract is concluded.
The regulations concerning the conclusion of the contract apply to orders placed via the online shop operated by Gaia Sustainable Concept UG at www.gaiastore.de. All services, deliveries and offers of the Supplier within the scope of the Online Shop are exclusively based on these General Terms and Conditions.
2. Subject of contract
This contract regulates the sale of new goods from the area(s) of sustainable consumer goods via the online shop of the supplier. For details of the respective offers, please refer to the product description on the individual product pages.
3. Conclusion of contract
The contract relates exclusively to electronic business transactions via the online shop system. The presentation of the products does not represent a legally binding offer, but a non-binding request for the submission of an order by the Customer, which the supplier can then choose to accept. The ordering process for the conclusion of the contract includes the following steps in the shop system: Selection of the offer in the desired specification (size, quantity), placing the offer “in the shopping cart”, pressing the button “proceed to checkout”, entering the invoice and, if different, the delivery address, selection of the payment method, checking and processing the order and all entries, pressing the button “order subject to payment”, confirmation e-mail that the order has been received. By clicking on the button (“order subject to payment”), the buyer places a binding order for the goods listed on the order page. The contract is concluded when an order confirmation has been sent. The order confirmation is generated and sent automatically and does not constitute a corresponding legally binding declaration. The contract is also concluded once goods have been sent.
3.2 Conclusion of contract for business Customers
The contract is concluded exclusively in electronic business transactions via e-mail or by post. In doing so, the presentation of the products does not represent a legally binding offer, but a non-binding invitation to submit an online order, which the supplier can then choose to accept. The ordering process for the conclusion of the contract includes the following steps: Selection of the offer in the desired specification (size, quantity), confirmation of the selection by the Provider. The contract is concluded once an order confirmation has been sent. The order confirmation is generated and sent automatically and does not constitute a corresponding legally binding declaration. The contract is also concluded once goods have been sent. Orders lose their validity 14 days after the original submission.
4 Title retention clause
The delivered goods remain the property of the supplier until full payment has been received.
5 Other reservations
The Provider reserves the right not to provide the promised service in the event of unavailability.
6 Prices, shipping costs, return costs
The prices quoted at the time of ordering shall apply. All prices are final prices. For shipping within the Federal Republic of Germany, shipping costs will be charged at the indicated rate. Excluded from this are the surcharges for remote and difficult to reach regions described in §8.
7 Terms of payment
The Customer has the following payment options: payment service Provider (PayPal), credit card (Visa, MasterCard, American Express), debit card (Maestro), advance payment by bank transfer as well as a payment service Provider (immediate transfer). Other payment methods are not offered and will be rejected. In the case of payment by direct debit, the invoice amount will be collected by the Provider by means of direct debit from the Customer’s specified account on the basis of the Customer’s direct debit authorization. If an escrow service/payment service Provider is used, it enables the Provider and the Customer to settle the payment among themselves. The escrow service/payment service Provider forwards the Customer’s payment to the Provider. Further information is available on the website of the respective escrow service/payment service Provider. When paying by credit card, the Customer must be the cardholder. When paying in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our specified bank account within 7 working days. Please note that we only accept payments from accounts within the European Union (EU) and do not accept any costs of a monetary transaction. The payment is due without deduction from the date of invoice. The Customer is only in default after a reminder. All payments and credit notes will be handled exclusively in EUR.
8 Terms of delivery
Shipping is done via DHL. The Provider bears the transport risk. The shipment will be made exclusively within the European Union to the delivery address given during the ordering process. On average, shipping takes place within 3-7 working days from the day after payment to the delivery address provided by the buyer. The order will be shipped by the Provider as soon as the entire order is in stock. Deliveries are made from Monday to Saturday, excluding public holidays.
If the Customer’s delivery address is located in an area that is geographically difficult to reach (e.g. on an island), we may be unable to deliver there or we may have to add a surcharge to the delivery costs. In this case we will inform the Customer before accepting the order. Deliveries to a post office box or similar address are not permitted. The Customer will be informed about delays immediately. If the Provider has a long-term delivery obstacle, in particular in case of force majeure, or failure of delivery by own suppliers, although the transaction was made in time, then the Provider maintains the right to withdraw to that extent from a contract with the Customer. The Customer will be informed immediately and received services, including payments, will be refunded.
Customers are granted the right to choose between repair or new delivery in the case of supplementary performance, if the goods are new and the Customer is a business Customer. This does not apply to the Customer’s claims for damages due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the Provider or his legal representative or vicarious agent. In all other respects the legal regulation applies
10 Guarantees for consumers
The supplier offers Customers a guarantee of the durability of Gaia Wrap materials. In this way the supplier assures the durability of the goods for the warranty period. The warranty period is 1 month from the date of purchase, as the product’s life span is dependent on how the Customer takes care of the product. A warranty claim is only valid within the Federal Republic of Germany. A copy of the confirmation of order and invoice is considered as proof of purchase and is to be presented by the Customer in case of any such claim. The guarantee is only valid in favour of the original Customer and cannot be transferred to third parties. The guarantee only applies in the case of defects that have occurred despite proper use and handling.
The following material and processing defects are covered by the limited warranty on Gaia Wrap:
Cracks or breaks in the cotton that have occurred despite proper use and handling of the Gaia Wraps and not as a result of improper use or cleaning.
Production damage to the coating. These defects are only entitled to the replacement of a single wrap and not to the replacement of a whole set
Defects not listed above are not covered by the limited warranty on Gaia Wrap. In particular the warranty does not apply to the following cases:
- Gaia Wraps that have been sold through unauthorised third parties or not as new.
- Personal preferences in terms of comfort or taste.
- Non-visible coating defects.
- Damage caused, among other things, but not exclusively, by misuse or damage to the product through liquids, soiling, cracks, cuts or exposure to heat and burns.
- Damage caused by improper use by the Customer or third parties.
- Damage caused by unusual use, e.g. outside normal domestic use.
- Prolonged exposure of Gaia wraps to very cold or hot temperatures which can cause cracking and wearing of the coating.
- Mould, dirt or odours caused by insufficient care of the Gaia Wraps.
In the event of a defect the Customer is requested to contact the Provider via email (email@example.com). Under certain circumstances the Customer may be requested by the Provider to provide proof of purchase and proof of the defect (e.g. in the form of photographs). In addition, the Provider may request the Customer to send the defective product to the Provider for inspection. If the defect is covered by the warranty, the Provider will reimburse the Customer for the return shipping costs incurred. If a defect is covered by the warranty, the Provider is obliged to replace or repair the item under warranty. The decision whether to replace or repair the item lies solely with the Provider. In the event of a replacement, please note that the colour of the Gaia Wraps that are replaced may differ from the colour of the Gaia Wraps originally purchased. The delivery costs for repaired or replaced products will be borne by the Supplier.
Replaced or repaired products are covered by the same warranty as the products originally purchased, i.e. from the original date of purchase, without the warranty being extended by the replacement or repair.
The statutory rights of withdrawal and warranty remain unchanged.
11 Drafting of contract
The contract text is saved by the Provider. The storage is however only limited in time or not accessible to the buyer. The buyer bears the responsibility for an independent printout or separate storage.
12 Legal right of withdrawal for consumers
The rules on distance contracts do not apply to business customers. Therefore, these Customers are not entitled to a corresponding right of withdrawal due to distance selling contracts. The Provider does not grant such a right either.
Instruction on the right of revocation
You have the right to revoke this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise your right of withdrawal, you need to inform us
Gaia Sustainable Concept UG (limited liability)
VAT identification number: DE319724581
by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period. Click here for the model revocation form.
Consequences of cancellation
If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. The return transport of the goods will be organised by you and you will be responsible for the cost of return. You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary to examine the nature, properties and functioning of the goods.
End of the cancellation policy
13 Disclaimer of liability
Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the Provider, if the Customer asserts claims for damages against them. Excluded are customer damage claims due to injury or loss to life, body, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or vicarious agent.
14 Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a legitimate interest in the assignment or pledge.
15 Language, place of jurisdiction and applicable law
The contract is drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as it does not restrict any statutory provisions of the state in which the customer has his residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
16 Important information
The goods offered at www.avocadostore.de are presented in the online shop in the form of digital photographs of the real existing goods. Minor deviations between the representation and reality do not constitute a defect in the ordered goods. The supplier is neither willing nor obliged to take part in dispute settlement proceedings before consumer arbitration boards.
17 Severability Clause
The invalidity of a provision of these terms and conditions shall not affect the validity of the remaining provisions.