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General Terms and Conditions of Business

Please read the present General Terms and Conditions of the website www.herbiepillows.com/de/ carefully.

I Scope

For all orders via our online store the following general terms and conditions apply.

II Contract partner

The contract of sale is concluded with Olfactorius GmbH, headquartered in Berlin, registered at the Berlin Charlottenburg registration court under the number 214296 B.

III Conclusion of contract
  1. The offers in the online store are not binding. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process.
  2. By placing an order in the online store, the customer makes a binding offer to purchase the product in question.
  3. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order. At the end of the ordering process and after you have accepted these General Terms and Conditions of Use and the Privacy Policy of this website in full, click on the "Confirm and pay" button. A contract is only concluded when we accept your order by means of a declaration of acceptance or by initiating payment to us.
  4. Afterwards the goods will be shipped to you. If the delivery of the goods you ordered is not possible, for example because the respective goods are not in stock, we will refrain from a declaration of acceptance. In this case a contract does not come off. We will inform you immediately.
  5. Every customer who is a consumer is entitled to revoke the offer in accordance with the special revocation and return policy which is communicated to him/her on our website when placing an order (see IX. Right of Revocation) and to return the goods.
  6. The language available for the conclusion of the contract is German or English, depending on which language the customer has chosen for the navigation on our website. If the customer places an order using the German language settings, the German General Terms and Conditions of Business shall apply. If the customer places an order using the English language settings, the English version shall apply.
IV Payment

 

  1. Our prices include sales tax and packaging costs. Delivery and shipping costs are not included in our prices.
  2. We only accept the payment methods indicated to the customer during the ordering process.
  3. Payment of the purchase price is due immediately upon conclusion of the contract.
  4. The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

 

V Right of retention and retention of title

  1. We reserve the right of ownership of the delivered goods until all claims from the purchase contract have been paid in full.
  2. As long as the ownership has not yet been transferred to the customer, the customer is obliged to treat the purchased item with care.
  3. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is attached or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
  4. The treatment and processing or transformation of the purchased goods by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of purchase shall continue in the transformed object. If the purchased item is processed with other objects not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed objects at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer proportional co-ownership to us and shall keep the sole ownership or co-ownership thus created for us.
  5. You can only exercise a right of retention if it concerns claims from the same contractual relationship.

 

VI Delivery and shipping conditions
  1. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding statements.
  2. If the goods cannot be delivered or cannot be delivered on time, we will notify the customer immediately. In this case we reserve the right to withdraw from the contract. In the event of withdrawal, we will immediately refund the customer for any payments made to us.
  3. Unless expressly agreed otherwise, we shall determine the mode of dispatch and the transport company at our reasonable discretion.
  4. We only owe the timely and proper delivery of the goods to the transport company and are therefore not responsible for delays caused by the transport company. A shipping time stated by us is therefore not binding.
  5. The risk of accidental destruction, accidental damage or accidental loss shall pass to the customer, who is a consumer, at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance.
  6. If the seller incurs additional shipping costs due to the provision of an incorrect delivery address, an incorrect addressee or the impossibility of delivering the goods, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or was temporarily prevented from accepting the service, unless the seller had given the customer reasonable notice of the service a reasonable time in advance.
  7. The return of goods will be sent to the following address:

Olfactorius GmbH c/o odc fulfillment

Industrial road 6,

Rhenus Warehousing Solutions, 9

9820 Hörselberg-Hainich,

Germany

 

If you wish to be reimbursed, this will be done upon receipt of the product. The refund will be made using the payment method you used when placing your order.

VII Warranty
    1. If the delivered item does not have the quality agreed between the customer and us or if it is not suitable for the use assumed under our contract or for general use or if it does not have the properties which the customer could expect according to our public statements, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.
    2. The customer shall initially have the choice whether the subsequent performance is to be effected by rectification of defects or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the orderer is excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract.
    3. The customer can only assert claims for damages on the following conditions due to the defect if the subsequent performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
    4. Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract as well as fraudulent intent by our legal representatives or our vicarious agents.
    5. The warranty period is 2 years, calculated from the date of transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.
    6. As a consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
    VIII Liability
    1. Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract as well as fraudulent intent by our legal representatives or our vicarious agents.
    2. In the event of a breach of material contractual obligations, the fulfilment 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) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

     

    IX Right of withdrawal

      You have a statutory right of withdrawal without giving reasons. Further information can be found in the revocation instruction.

       

      X Privacy

        Provisions on data protection are contained in the privacy policy.

         

        XI Choice of law, place of jurisdiction
        1. This contract and the entire legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
        2. The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is not known at the time of filing a suit. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

         

        XII Alternative dispute resolution
          1. The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform).
          2. We are neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

          Status: November 2020