General Terms and Conditions (including Customer Information)
1. Applicability
1.1 The business relationship between Herbalove, owner: Dennis Schlegel, Nollendorfstr. 7, 10783 Berlin (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2 Any inquiries or complaints should be directed to our customer service department, available weekdays from 9:00 a.m. to 7:00 p.m. via email at info@herbalovebln.com.
1.3 These General Terms and Conditions define a consumer as any natural person who completes a legal transaction for purposes not mainly attributable to any professional activity of theirs (as defined in § 13 BGB).
1.4 The vendor expressly rejects the applicability of any terms and conditions other than those outlined herein.
2. Offers and Service Descriptions
The display of products on the online shop constitutes an invitation to place an order and is not a legally binding offer. Service descriptions provided in catalogues or on the vendor’s website do not constitute a promise or guarantee. All offers are subject to availability, and errors are excepted.
3. Order Process and Conclusion of the Contract
3.1 Customers are free to select products from the vendor’s range and add them to their basket. They can then proceed to checkout to finalize their order.
3.2 By clicking the “Place Order” button, the customer makes a binding request to purchase the items in their basket. Prior to completing the order, customers can review and modify their order details.
3.3 Order placement triggers an automatic confirmation of receipt, which is not equivalent to order acceptance. A binding purchase contract is established only when the vendor dispatches or confirms the dispatch of the ordered product within 2 days.
3.4 If advance payment is offered and payment is not received within 10 calendar days of the order confirmation, the vendor reserves the right to cancel the order.
4. Prices and Delivery Costs
4.1 All prices on the vendor’s website include statutory value-added tax (VAT).
4.2 Delivery costs are specified separately and explained to the customer during the ordering process.
5. Delivery and Product Availability
5.1 Delivery occurs upon receipt of the invoice amount if the customer chooses advance payment.
5.2 The vendor reserves the right to withdraw from the contract if delivery fails despite three attempts due to the fault of the customer.
5.3 If the ordered product is unavailable, the vendor will inform the customer promptly and offer a comparable alternative or refund.
5.4 Delivery periods and restrictions are communicated separately.
6. Terms of Payment
6.1 Customers can choose from available payment types during the order process.
6.2 Payment on account must be made within 30 days of receipt of goods and invoice. Other payment types require full advance payment.
6.3 Third-party providers’ terms and conditions apply if they are commissioned for payment processing.
6.4 Failure to make payment by the due date results in default, and the customer is liable for statutory interest on arrears.
6.5 The customer may only offset counterclaims that are legally valid or acknowledged by the vendor.
7. Retention of Title
The vendor retains ownership of the goods until full payment is received.
8. Product Warranty and Guarantee
8.1 The vendor provides a warranty as required by law.
8.2 Goods are subject to a guarantee only if explicitly stated before the order process begins.
9. Liability
9.1 The vendor’s liability is subject to exclusions and restrictions regardless of other statutory provisions.
9.2 The vendor is liable without restriction for willful intent or gross negligence.
9.3 Liability for minor negligence is limited to foreseeable damages typical for the contract type.
9.4 Exceptions to liability restrictions include damage to life, limb, or health, defects concealed with deliberate deceit, and liability under the German Act on Liability for Defective Products.
9.5 Exclusion and restriction of liability also apply to employees, representatives, and agents.
10. Storage of the Contract
10.1 Customers can print the contract during the order process.
10.2 The vendor sends an order confirmation and terms and conditions to the customer’s email address. The contract is also stored in the customer’s profile on the vendor’s website.
11. Closing Remarks
11.1 Legal domicile and place of fulfillment are at the vendor’s headquarters.
11.2 The contract language is German.
11.3 The European Commission consumer platform for Online Dispute Resolution (ODR) is available. The vendor does not participate in consumer arbitration board proceedings.
