Terms and Conditions

General Terms and Conditions (GTC) and Consumer Information as of: 06/2018 General Terms and Conditions and Consumer Information within the framework of purchase contracts concluded via the online shop between Gesundarium GmbH – reinafter referred to as “Seller” – and the customer – after referred to as “Customer”.

1 Scope and general information

(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is rejected. © Attorney Jacob Metzler ➠ www.rechtsanwalt-metzler.de Page 2 of 5
(2) The customer is a consumer if he concludes the contract for purposes that can predominantly not be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2 Conclusion of contract
(1) The contract is concluded with: (insert name and address here) Gesundarium GmbH, Gebrüder-Pauken-Straße 15a, 56218 Mülheim-Kärlich
(2) The essential characteristics of the goods are set out in the respective product description provided by the seller.
(3) All offers in the seller's online shop merely represent a non-binding invitation to the customer to make a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of their order from the seller, usually by email (order confirmation). The order confirmation does not yet represent acceptance of the order. After receipt of the customer's order, the seller will check it promptly and inform the customer within 2 working days whether they accept the order (order confirmation). The ordering process in the seller's online shop works as follows:

(4) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking on the "Shopping cart" button, the customer receives an overview of the selected products. By clicking on the "Buy now" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data entered at any time using the "Back" and "Forward" browser functions shown as arrow buttons.

The application can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again © Attorney Jacob Metzler ➠ www.rechtsanwalt-metzler.de Page 3 of 5 and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent with a separate email. 3 Subject matter of the contract, quality, delivery, availability of goods .
(1) The subject matter of the contract are the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved, particularly with regard to the availability of goods.

(2) The quality of the goods ordered is determined from the product descriptions in the online shop. Images on the website may not accurately reflect the products; in particular, colors may differ considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.

(3) SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CUSTOMER SPECIFICATIONS (2.1.1) If, according to the content of the contract, the seller is obliged to process the goods in accordance with specific customer specifications in addition to delivering the goods, the customer must provide the operator with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights. (3.1.2) The customer indemnifies the seller against claims made by third parties in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller with all information required to examine the claims and to defend itself, promptly, truthfully and completely. (3.1.3) The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

(4) If no copies of the product selected by the customer are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract is concluded. (4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, the seller will immediately refund any payments already made by the customer.

4 Delivery, prices, shipping costs

(1) Delivery to the shipping company will take place no later than two days after receipt of payment, or two days after order confirmation in the case of cash on delivery. The delivery time is up to five days. The seller will indicate any possible different delivery times on the respective product page.

(2) Delivery is only possible within the EU.

(3) All item prices include VAT. The prices indicated are retail prices plus shipping costs. The customer will receive an invoice with VAT shown.

5 Payment Payment is made in advance (PayPal, bank transfer) or cash on delivery.

6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is requested to immediately complain about these defects to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert its own claims against the carrier or transport insurance.

7 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff of the German Civil Code (BGB).
(2) A guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
(3) You can submit complaints and claims for defects to the address provided in the provider identification.

8 Retention of title The delivered goods remain the property of the seller until full payment has been made.

9. Liability The legal regulations apply.

10. Contract text The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions in his customer account at any time.The order data and the general terms and conditions are sent to the customer by email. After the order has been completed, the order data is no longer accessible via the Internet for security reasons.

11 Final provisions

(1) The contract language is German.
(2) Contracts between the seller and the customer shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. This choice of law shall only apply to consumers to the extent that the customer is not deprived of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.

(3) 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 is the registered office of the seller.

This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought. Source: Attorney Metzler – Lawyer for competition law, trademark law and copyright law (End of Terms and Conditions)