Customer information

Contents

1. Scope of validity
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution

1) Scope of validity

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Kumar Ayurveda GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer as defined by these GTC is any natural person who concludes a legal transaction for a purpose that can be predominantly assigned to neither their commercial nor their independent professional activity. An entrepreneur as defined by these GTC is a natural person or legal entity or a partnership with legal capacity which, when entering into a legal transaction, is exercising its commercial or independent professional activity.

2) Conclusion of contract

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

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. In addition, the Customer may also submit the offer to the Seller by telephone, fax or e-mail.

2.3 The Seller may 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), whereby the receipt of the order confirmation by the Customer is decisive, or

-         By delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

-         By asking the Customer to pay after placing their order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for acceptance of the offer begins on the day after the Customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this will be deemed to be a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

 

2.4 If a payment method offered by PayPal is chosen, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/uk/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/uk/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal in the online ordering process, the Seller already declares acceptance of the Customer’s offer at the time when the Customer clicks on the button that concludes the ordering process.

 

2.5 If the payment method “Amazon Payments” is chosen, payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.co.uk/help/201751590. If the Customer chooses “Amazon Payments” as the payment method as part of the online ordering process, they also place 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 when the Customer triggers the payment process by clicking on the button that concludes the ordering process.

 

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after sending their order. The contract text is not otherwise made available by the Seller. If the Customer has set up a user account in the Seller’s online shop prior to sending the order, the order data will be archived on the Seller’s website and can be retrieved free of charge by the Customer via their password-protected user account by entering their corresponding login details.

 

2.7 Prior to the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The magnification function in the browser can be used as an effective technical means of better detecting input errors as it will help to enlarge the presentation of the information on the screen. As part of the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact 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 correct so that the e-mails sent by the Seller can be received at this address.

In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can 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 cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory

VAT. Any additional delivery and shipping

costs will be specified separately in the respective product description.

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

 

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by means of shipment to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. By way of derogation, when choosing the payment method PayPal, the delivery address stored by the Customer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer will bear the reasonable costs incurred by the Seller. This does not apply with regard to the costs of shipping to the Customer if the Customer effectively exercises their right of withdrawal. If the right of withdrawal is effectively exercised by the Customer, the provision made in the Seller’s cancellation policy will apply to the return costs.

5.3 Collection by the Customer is not possible for logistical reasons.

6) Retention of title

If the Seller makes an advance payment, they retain the title to the delivered goods until full payment of the owed purchase price.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects will apply.

7.2 If the Customer acts as a consumer, they are requested to complain to the deliverer of delivered goods if there is obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany will apply to all legal relationships of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

 

9) Place of jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract will be the Seller’s place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business will be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. However, in the above cases, the Seller will in any case be entitled to appeal to the court at the Customer’s registered office.

 

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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