General Terms and Conditions (GTC)
with Customer Information
§ 1 Scope and Contracting Party
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between a consumer or business customer (hereinafter referred to as "Customer") and Anti-Aging & Performance Booster – Wafaa Al Nachwati, Frankfurter Straße 4, 35440 Linden (hereinafter referred to as "Seller") via the Seller's online shop.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. A business customer is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(3) Any deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 Contract Conclusion and Technical Steps
(1) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
(2) The Customer can submit the offer via the online shopping cart system integrated into the online shop (Shopware system). The ordering process involves the following technical steps:
- The Customer places the desired goods into the virtual shopping cart without obligation by clicking the relevant button.
- By clicking the "View Cart" button or the shopping cart icon, the Customer is directed to the detailed view of the shopping cart.
- During the remainder of the ordering process, the Customer enters their personal details, selected payment method, and shipping method.
- Prior to submitting the order, the Customer has the opportunity on a summary page to review all inputs and correct them using standard keyboard and mouse functions (or the browser's "Back" button).
- By clicking the button that concludes the ordering process (e.g. "Place Order with Obligation to Pay"), the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart.
(3) The Seller may accept the Customer's offer within two days by:
- transmitting a written order confirmation or an order confirmation in text form (email) to the Customer, where receipt of the order confirmation by the Customer is decisive; or
- delivering the ordered goods to the Customer, where receipt of the goods by the Customer is decisive; or
- requesting payment from the Customer after placement of the order (e.g. if advance payment or immediate payment methods are selected).
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the specified period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
(4) The text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email) together with these GTC and customer information after the order has been sent. However, the contract text can no longer be retrieved via the Seller's website after the order is completed. If the Customer has registered a customer account in the online shop, the order data will be archived there and can be accessed password-protected.
(5) The English language is available for the conclusion of the contract.
§ 3 Prices, Shipping Costs and Payment Terms
(1) The prices stated by the Seller are total prices and include statutory value added tax (VAT). Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description and during the ordering process.
(2) The payment options specified in the Seller's online shop are available to the Customer (e.g. advance bank transfer, credit card, PayPal, Klarna/Sofort).
(3) If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
§ 4 Delivery and Shipping Conditions; Reservation of Self-Delivery
(1) Goods shall be delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during the ordering process on the Seller's platform shall be decisive.
(2) If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given reasonable advance notice of the service.
(3) Reservation of Self-Delivery: If the Seller cannot deliver the ordered goods through no fault of their own because the supplier fails to fulfil contractual obligations despite a proper matching transaction having been concluded, the Seller shall be entitled to withdraw from the contract. In this case, the Seller shall inform the Customer immediately about the unavailability of the goods and reimburse any payments already made without delay.
§ 5 Retention of Title
If the Seller makes advance performances, the delivered goods shall remain the property of the Seller until full payment of the purchase price owed.
§ 6 Statutory Warranty Rights
(1) Statutory warranty rights for defects shall apply.
(2) As a consumer, the Customer is requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.
§ 7 Limitation of Liability
(1) The Seller shall be liable without limitation in cases of intent or gross negligence, in cases of injury to life, body or health, under the provisions of product liability laws, and to the extent of any guarantee assumed by the Seller.
(2) In the event of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential to the proper performance of the contract and on the compliance with which the contractual partner may regularly rely, the Seller shall be liable in cases of slight negligence limited to the amount of foreseeable, contractually typical damage.
(3) Any further liability of the Seller is excluded. This also applies to the personal liability of employees, representatives, and vicarious agents of the Seller.
§ 8 Special Note on the Right of Withdrawal for Food Supplements
(1) Consumers generally have a statutory right of withdrawal. Further information can be found in the Seller's separate Cancellation Policy.
(2) Consumers may exercise their right of withdrawal either via standard statutory methods (e.g. email or post) or directly via the easily accessible withdrawal button provided on the Seller's website pursuant to statutory e-commerce provisions.
(3) Premature Expiry of the Right of Withdrawal: The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery. Food supplements whose original seal, freshness seal, protective foil, or container closures have been opened or broken after delivery are excluded from return.
§ 9 Dispute Resolution and Final Provisions
(1) The European Commission provides a platform for Online Dispute Resolution (ODR), available at https://ec.europa.eu/consumers/odr. The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(2) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
(3) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business.
(4) Should individual provisions of this contract be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.