General Terms and Conditions
NN Native Naturals UG (limited liability)
Represented by: Claire Ralston, Managing Director
Christian Dieckmann, Managing Director
Stargarder Str. 37
- hereinafter "Seller" -
the respective customer
- hereinafter "Customer" -
- The following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
- The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
- The presentation and advertising of items in the seller's online store does not constitute a binding offer to conclude a purchase contract.
- The Customer can select products from the Seller's assortment and collect them in a so-called shopping cart via the button "Add to cart". By clicking the "Buy" button, he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The request is transmitted only after the last step of the ordering process "Check order" and the use of the button "Buy". By clicking the "Buy" button, the customer agrees to the T&C and the cancellation policy.
- The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The contract is not concluded until the seller issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by the seller on a durable medium (e-mail or paper printout) (contract confirmation). The Seller shall not make the text of the contract accessible beyond this. The contract text will be stored in compliance with data protection.
- The contract is concluded in German and English.
- The seller is entitled to partial deliveries, as far as reasonable for the buyer.
- Delivery times specified by the seller are calculated from the date of confirmation of purchase, subject to prior payment of the purchase price. If no or no deviating delivery time is indicated for individual goods displayed in the Seller's online store, it shall be 2 to 10 days.
- The commencement of any delivery period specified shall be subject to the timely and proper fulfilment of the Buyer's obligations. The defense of non-performance of the contract remains reserved.
- If the customer is in default of acceptance or culpably violates other obligations to cooperate, the seller is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
- If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this immediately in the purchase confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded. If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the purchase confirmation.
- If self-collection has been agreed, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.
- All prices stated on the Seller's website are inclusive of the applicable statutory value-added tax, levies and customs duties.
- The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
- The goods are shipped by mail. The shipping risk is borne by the seller if the customer is a consumer.
- In the event of a revocation, the customer shall bear the direct costs of the return shipment.
- The customer can make the payment in advance by bank transfer, PayPal, Visa, Mastercard, Stripe, PayPal or credit card.
- The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Seller interest on arrears for the year at a rate of 5 percentage points above the prime rate.
- The customer's obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
- The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. For entrepreneurs, the warranty period for goods delivered by the seller is 12 months after delivery of the goods delivered by the seller. This shall not apply if longer periods are prescribed by law, e.g. in accordance with Section 479 (1) of the German Civil Code (BGB) (right of recourse).
- An additional warranty exists for the goods delivered by the seller only if this was expressly given in the purchase confirmation for the respective item.
- If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, the Seller shall, at its discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. The Seller shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
- Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by the seller have subsequently been taken to a place other than the customer's place of business, unless the transfer is in accordance with their intended use.
- Claims for reimbursement of the transport costs required for subsequent performance shall also be excluded to the extent that the customer has made the purchase affected by subsequent performance as an entrepreneur and not as a consumer.
- The seller owns copyrights to all images, movies and texts that are published in the online store. Use of the images, movies and texts is not permitted without the express consent of the seller.
- Customer acknowledges Seller's ownership and legal title to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the Goods.
- Customer shall not take any action to infringe, obliterate, remove, alter, conceal or misappropriate any such trademark, trade name or copyright notice.
- The Customer shall notify the Seller without undue delay if it becomes aware of any infringement of such intellectual property rights by third parties and shall provide the Seller with its reasonable assistance in connection with any proceedings arising therefrom.
- If the Seller is prevented from fulfilling its obligations by the occurrence of unforeseeable or, if foreseeable, unavoidable, extraordinary events of force majeure, which it cannot avert despite exercising reasonable care, the period for performance of the service shall be extended to a reasonable extent, but not by more than the period of eight weeks, unless the performance becomes definitively impossible.
- Events of force majeure shall be deemed to include, in particular, riots, armed or terrorist conflicts, natural disasters, epidemics and epidemics (incl. COVID 19 spread), operational disruptions, official interventions, power supply difficulties, virus attacks, hacker attacks, strikes or lockouts, whether these circumstances occur in the Contractor's area or in the area of its subcontractors.
- If performance is excluded even after expiry of the period specified in Section VIII.1 of this Agreement due to the same uninterrupted force majeure event, performance shall be deemed impossible.
- The Seller shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
- In other cases, the Seller shall be liable - unless otherwise provided for in para. 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the Customer may regularly rely (so-called cardinal obligation, in particular with regard to the delivery of defect-free goods), and limited to the compensation of the foreseeable and typical damage. In all other cases, the liability of the seller is excluded subject to the provision in paragraph 3.
- (Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
- Contracts between the seller and the customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
- 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 contractual relationships between the Customer and the Seller shall be the registered office of the Seller, Berlin.
- All agreements made between the parties for the purpose of executing this contract are set down in writing. Amendments or supplements must be made in writing. This also applies to the waiver of these written form clauses.
- All declarations of intent by the Purchaser (in particular notices of defects, notices of termination, etc.) shall be made by the Purchaser in writing.
- The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.