General Terms and Conditions and Customer Information I. General Terms and Conditions
§ 1 Basic provisions
1) The following terms and conditions apply to contracts that you enter into with us as a provider (Natur Bay GmbH) via the website https://primabiotic.co.uk. The customer’s own conditions may not be included unless otherwise agreed.
(2) In accordance with the following provisions, a consumer is any natural person who enters into a legal transaction for purposes which cannot be predominantly attributed to either his commercial or independent professional activity. An entrepreneur is any natural or legal entity or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is selling goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to access the “shopping cart” and make changes at any time. After accessing the "checkout" page and entering the personal data and the payment and shipping conditions, all order data are finally displayed again on the order overview page.
Before submitting the order, you have the option of changing or checking the details in the order overview again (also via the "back" function of the web browser), or cancelling the order.
When the order is placed using the “place order with liability to pay” button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received such a message, you are no longer bound by your order. In this case, any services that have already been provided will be reimbursed without delay.
(4) The order will be processed and all the necessary contract-related information will be sent by e-mail in a partially automated manner. Therefore, you are required to ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna:
Instant bank transfer: Available in Germany and Austria. The charge will be processed immediately after placing the order.
Direct debit: The debit will be processed after the goods have been shipped. The time will be communicated to you by e-mail.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we pass on your data to Klarna for the purposes of address and credit checks in the context of initiating the purchase and completing the purchase contract. Please understand that we can only offer you those payment methods which are permissible based on the results of the credit check.
Further information and Klarna’s terms of use can be found here. You can find general information about Klarna here. Your personal information will be processed by Klarna in accordance with applicable data protection laws and as set out in Klarna’s Privacy Policy.
You can find more information about Klarna here. You can find the Klarna app here.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
6 Choice of law and proper venue, place of fulfilment, place of jurisdiction
(1) German law shall apply. This choice of law and proper venue only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The place of fulfilment for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity or a special fund under public law.
The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencing proceedings. The right to initiate legal proceedings at another statutory place of jurisdiction shall remain unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Customer information
Identity of the seller
Natur Bay GmbH
drepresented by the Managing Director Natalia Kalka a
Wirtsleiten 5, Walkertshofen
84091 Attenhofen
Germany
E-Mail: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.
Legal questions about concluding the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
Contract language, storage of the contract text
3.1 The contractual language is German.
3.2 We do not store the complete wording of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function.
After you place an order with us, the order data, the legally required information for mail order sales and the General Terms and Conditions will be sent to you again by e-mail.
Key characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and payment methods
5.1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2. The shipping costs incurred are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective offer, are reported separately during the order process and, in addition, are payable by you unless delivery is offered free of charge.
5.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2.If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered. This condition does not apply if you have independently commissioned a transport company that has not been specified by us, or a person who has otherwise been appointed to execute the shipping operation.
Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These SBTs and customer details were created by lawyers specialising in IT law who work for the Händlerbund [e-commerce association], and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb– service.