TERMS OF SERVICE

1. Scope and provider

These general terms and conditions apply to all orders that you place with the online shop.

Smart Organic GmbH
Bad Antogast 1
Oppenau, 77728
Germany

  • The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is already contradicted.

  • The contract language is exclusively German.

You can call up for or print out the currently valid general terms and conditions on the website  https://shop.smartorganic.eu/ .

2. Conclusion of contract

  • The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
  • By clicking the ” Add to Cart  button , you are submitting a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
  • After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract does not yet come into being through the confirmation of receipt.
  • A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you – without prior express declaration of acceptance. Exception: if you pay in advance and PaySafe, the order is accepted immediately with your order.
  • Orders are only possible in normal household quantities.

3. Prices

The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs and, where indicated, plus a deposit.

4. Terms of payment; Delay

  • Payment can be made either by:
    – PayPal, Credit, Debit Card
    -Klarna (Sofort)
    -Skrill – Skrill Wallet, Rapid Transfer, VISA, Mastercard
  • We are responsible for selecting the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, advance payment only.
  • If you choose the payment method pre-payment, we will send you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
  • When paying by cash on delivery, an additional fee of EUR [X] will be charged , which the deliverer charges on site. There are no other costs and taxes.
  • When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). Your credit card account is actually debited when we send the goods to you.
  • When paying with PayPal you will be in the ordering process on the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will get further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

5. Offsetting / right of retention

  • You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is closely synallagmatically related to our claim.
  • Likewise, you can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

6. Delivery

  • Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified.
  • The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they are dispatched to the customer without further notification to the customer. In the event of unavailability, in particular because a limited stock of goods marked as such has been exhausted (e.g. vintage wine), we will inform the customer. Payments already made will then be refunded immediately.

7. Retention of title

  • The goods remain our property until the purchase price has been paid in full.
  • If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
  • We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
  • You may resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
  • If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
  • We committed to release the securities to which we are entitled on request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. It is our responsibility to select the collateral to be released.

8. Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make a purchase for purposes that cannot be attributed to either your commercial or your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. one by email). You can use the attached model withdrawal form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer) you have to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. We use the same method for this re-payment.

Means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have to send back or hand over the goods to us in any case within 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

At

Company : Smart Organic GmbH
Address : Bad Antogast 1
email: shop@smartorganic.eu

I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*):

Ordered on (*) / received on (*)

Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only for notification on paper)

date

(*) Delete where inapplicable.

End of revocation

  • The right of withdrawal does not exist for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
  • When delivering goods that can spoil quickly or whose expiration date would quickly be exceeded,
  • on delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • for the delivery of goods if, due to their nature, these have been inseparably mixed with other goods after delivery or
  • Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against transport damage in order to avoid claims for damages due to damage due to defective packaging.
  • Before returning the product, please call us at [ No.] to announce the return. In this way you enable us to assign the products as quickly as possible.
  • Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

9. Transport damage

  • If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please contact us as soon as possible.
  • Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

10. Warranty

  • Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 ff. BGB).
  • If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
  • Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
  • You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
  • In the event of defects, we provide a warranty of our choice through rectification or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  • If the supplementary performance fails twice, you can either request a reduction or withdraw from the contract.
  • The warranty period is one year from date of delivery.

11. Liability

  • Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.
  • In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and the occurrence of which can typically be expected. This limitation of liability also applies to our vicarious agents.

12. Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with your online order without involving a court. The dispute settlement platform can be reached at the external link http://ec.europa.eu/consumers/odr/ .

We endeavor to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration proceedings and, unfortunately, cannot offer you participation in such proceedings.

13. Final provisions

  • Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
  • German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.
  • If you are a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of business.

As of May 13, 2020

Information source: HÄRTING Rechtsanwälte, www.haerting.de ,vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4