TERMS AND CONDITIONS
Stand: 23.03.2021
1. General terms and conditions
These General Terms and Conditions ( hereafter referred to as "Terms", Terms of Services) apply to all contracts concluded via the online store www.siriouslyorganic.com between SIRIOUSLY ORGANIC by Sarah Siri Blejc (hereafter referred to as SIRIOUSLY ORGANIC only) and customers who are users.
These Terms and Conditions apply to all users of the Website, including but not limited to users who are browsers, sellers, customers, merchants and/or content contributors.
2. Recognition of the Terms and Conditions:
The customer acknowledges and agrees to these terms and conditions. The contracting parties agree on the application of German law.
3. Defensive clause
The inclusion of general terms and conditions or contractual conditions of the customer, which deviate from these terms, are rejected, unless they are expressly accepted by SIRIOUSLY ORGANIC.
4. Contract conclusion
4.1. Internet presence of SIRIOUSLY ORGANIC on the website www.siriouslyorganic.com:
The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing the order. The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
4.2. Order process
In the overview of the assortment of the online store www.siriouslyorganic.com, the customer can select the product(s) he/she wants by clicking on the "add to cart" button. The selected goods are temporarily stored in the shopping cart during the customer's visit to the website www.siriouslyorganic.com. By clicking the button "Checkout" next to the goods listed in the shopping cart, the ordering process is continued. On the following page, the customer is requested to submit his email in order to receive an automatic notification email to the email address provided by the customer, in which the recipient of the order is confirmed and its content is reproduced (hereinafter referred to as "Order Confirmation"). The customer then selects the delivery location and the payment method he/she wishes to use and enters the data required to execute the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is summarized in a "Review Order" overview. The customer is free to review and, if necessary, correct his data in the order overview before sending his order to SIRIOUSLY ORGANIC by clicking on the "Buy" button. By clicking on the "Buy" button, the customer submits a binding offer to purchase the goods selected by him.
4.3. Order confirmation
Upon receiving the order, SIRIOUSLY ORGANIC will send an automatic notification e-mail to the e-mail address provided by the customer, confirming the receipt of the order and reproducing its content (hereinafter referred to as "Order Confirmation"). In case SIRIOUSLY ORGANIC rejects the conclusion of the contract, the customer will be notified by e-mail.
5. Storage of the contract text
The contract text, i.e. the information provided by the customer regarding the order process, will be stored by SIRIOUSLY ORGANIC and used exclusively for the processing of the purchase contract. SIRIOUSLY ORGANIC sends an order confirmation and these terms to the e-mail address provided by the customer.
6. Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason, by returning the goods. The following cancellation policy applies to contracts for goods that can be sent as a package by post.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, last took possession of the goods.
To practice your right of revocation, you must send us a clear statement (for example, a letter sent by mail or e-mail) about your decision to revoke this contract. A prescribed form does not exist. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
SIRIOUSLY ORGANIC by Sarah Siri Blejc
Am Postbahnhof 23
10243 Berlin
Deutschland
E-Mail: info@siriouslyorganic.com
Consequences of cancellation
If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse 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 must return the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract.
The deadline is met if you send the goods before the deadline of fourteen days.
Return shipments are to be paid by you as the customer.
Contracts 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 which are clearly tailored to the personal needs of the consumer, can not be revoked.
The right of withdrawal does not apply to the following contracts:
1. Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer.
2. Contracts for the supply of goods whose price has been reduced. Only items at the regular price can be refunded, discontinued items can unfortunately not be refunded.
3. Contracts for the supply of goods that are not suitable for return for reasons of health protection or hygiene, if they have been opened or used after delivery,
4. Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
End of the cancellation policy
7. Price
1. All product prices are total prices. According to § 19 UStG no sales tax will be charged.
2. Price errors reserved. If the correct price is higher, the customer will be contacted; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, then this price will be charged.
3. Shipping costs are not included in the price; they are additional.
8. Shipping costs
Shipping costs will be added to the indicated product prices. The amount of shipping costs depends on the chosen standard and is to be selected in the shopping cart during the ordering process. You can find out more about the amount of the shipping costs in the offers. The applicable sales tax is included in the shipping costs.
9. Delivery terms
1. Unless otherwise agreed, delivery is made to the address specified by the customer. We also deliver to packing stations.
2. The expected delivery time is usually between 1 and 3 working days. In exceptional cases, longer delivery times of 4 to 7 working days may occur. In other cases, the delivery period begins one day after receipt of order.
3. In case of damage of the goods during the transport, the customer has to report the damage immediately to the transport company and claim the damage there
4. SIRIOUSLY ORGANIC shall not be responsible in case of obstacles to delivery in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which SIRIOUSLY ORGANIC is not responsible, SIRIOUSLY ORGANIC shall be entitled to withdraw from the contract in whole or in part. SIRIOUSLY ORGANIC will inform the customer immediately. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.
10. Payment due date and property reservation
1. The purchase price is due at the latest upon delivery of the goods.
2. The delivered goods remain the property of SIRIOUSLY ORGANIC until full payment.
11. Payment conditions
1. SIRIOUSLY ORGANIC accepts the payment methods listed here: credit card with STRIPE option and Paypal.
2. Paypal - you pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data you can confirm the payment instruction to us. You will receive further instructions during the ordering process.
12. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. Warranty
1. Unless otherwise specified, the general law shall apply.
2. The warranty is excluded in case of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorized attempts at repair.
3. the shortened limitation period does not apply in case of damages caused by a violation of duty due to gross negligence of SIRIOUSLY ORGANIC or by a violation of duty due to intent or gross negligence of a legal representative or vicarious agent of SIRIOUSLY ORGANIC. Furthermore, the shortened limitation period shall not apply to claims for damages based on the negligent or intentional breach of material contractual obligations. Material contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.
4. If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us has no consequences on the statutory warranty claims of consumers and serves only to assist the supplier to assert its claims against the company responsible for the delivery of the goods or the insurance.
5. As far as a manufacturer's warranty exists, the customer has to assert the claims resulting from this warranty directly against the manufacturer. The liability of SIRIOUSLY ORGANIC arising from the warranty is excluded.
14. Disclaimer of warranties
1. Claims for damages of the customer against SIRIOUSLY ORGANIC are excluded, unless SIRIOUSLY ORGANIC or its vicarious agents have acted intentionally or grossly negligent.
2. Liability for damages resulting from injury to life, body and health, for negligent or intentional breach of material contractual obligations or to the extent that liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage shall remain unaffected. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on.
15. Right of retention
1. The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
16. Privacy Policy
Provisions on data protection are contained in the privacy policy.
17. Copyrights
SIRIOUSLY ORGANIC has copyrights on all images, logos, icons and texts published on the www.siriouslyorganic.com website. Any use of the images, logos, icons and texts, is not permitted without the express consent of SIRIOUSLY ORGANIC.
18. Change of the general terms and conditions
Any new features or tools added to the current online store will also be subject to the terms and conditions. You can view the most current version of the terms and conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the site following the posting of changes will constitute your acceptance of those changes.
19. Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
20. Alternative dispute resolution
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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
2. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
21. Severability
If any provision of these general terms and conditions should be invalid, this shall not affect the validity of the remaining provisions.
Please send any questions regarding the general terms and conditions to: info@siriouslyorganic.com
Based on sample General Terms and Conditions of VON ZANTHIER & SCHULZ