Conditions

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Botanicly GmbH.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the use the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

We will accept your offer within two days by

  • we will issue a declaration of acceptance in a separate email or
  • if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment type (see under "Payment").

The alternative that is relevant to you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of Delivery

In addition to the stated product prices, shipping costs may also apply. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after placing your order.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services Unless otherwise specified below, payment via PayPal Plus does not require registration with PayPal. You will receive further information for the respective payment option and in the ordering process.

PayPal
In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Paying by direct debit via PayPal requires an address and credit check and is sent directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). The account is debited before the goods are shipped.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and the confirm payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google who have activated the Google Pay function, identify themselves with their access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the browser "Safari ", be registered with Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F.Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out within one bank business day after the order has been placed. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.

BillPay
In cooperation with the payment service provider "BillPay", operated by Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment via BillPay requires a successful address and credit check and is made directly to BillPay. You will receive further information for the respective payment option and in the ordering process.

Invoice via BillPay
The invoice amount is due after the goods have been shipped and the invoice has been received.

Direct debit via BillPay
By placing the order, you give BillPay a SEPA direct debit mandate. BillPay will inform you about the date of the account debit (so-called pre-notification). The account is debited before the goods are shipped.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

Klarna credit card
In the ordering process, enter your credit card details. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.

Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.

Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros.

Purchase on account via BillPay
In order to be able to pay the invoice amount via the online provider BillPay, you do not have to be registered there. After a successful address and credit check as part of the ordering process and submission of the order, we assign our claim to BillPay. In this case, you can only pay to BillPay with a debt-discharging effect. In addition to our terms and conditions, BillPay’s terms and conditions and data protection declaration apply to payment processing via BillPay. Further information and the complete terms and conditions of BillPay can be found here.

6. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title​​​​​​​

The goods remain our property until they have been paid in full.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full.You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of a connection or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we are entitled to claims You can also collect it yourself if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled if the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage​​​​​​​

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery agent as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

9. Warranty and Guarantees​​​​​​​

9.1 Right to Liability for Defects

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following limitations and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed, or
  • as far as the area of ​​application of the Product Liability Act is open.

Restrictions on Entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Rules for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. by e-mail at info@botanicly.de.

10.Liability​​​​​​

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or
  • as far as the area of ​​application of the Product Liability Act is open

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is based on the limited to foreseeable damage upon conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Code of Conduct​​​​​​​

We have submitted to the following codes of conduct:

12. Dispute Resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

13. Final Provisions​​​​​​

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

GTC created with Trusted Shops legal copywriter in cooperation with FÖHLISCH lawyers.

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