Terms of service

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Code of Conduct
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Dr. Michael Siewert, trading as "Dr. Michael Siewert - 3aitchV" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession when entering into a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. By clicking the button that concludes the ordering process—after placing the selected goods in the virtual shopping cart and completing the electronic order process—the customer submits a legally binding offer to purchase the goods contained in the shopping cart.

2.3 The seller may accept the customer's offer within five days:

by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the time of receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the time of receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the submission of the offer by the customer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When ordering via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., e-mail, fax, or letter) after the order has been submitted. The seller does not make the contract text available beyond this. If the customer has created a user account in the seller's online shop prior to submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by entering the relevant login details.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the on-screen display, can serve as an effective technical tool for better identifying input errors. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.6 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.7 Order processing is generally carried out automatically via email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select the payment method “Immediate transfer”, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to be able to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for participation in “Sofortüberweisung”, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction will be carried out by Klarna immediately afterwards and the customer's bank account will be debited. The customer can find further information about the “Sofortüberweisung” payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the payment service "Shopify Payments", payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Shopify may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.7 If you select a payment method offered via the “VR Payment” payment service, the payment is processed by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: “VR Payment”). The individual payment methods offered via VR Payment are communicated to the customer in the seller's online shop. To process payments, VR Payment may use the services of third-party payment service providers, to whom special payment conditions may apply, to which the customer may be informed separately. Further information about “VR Payment” is available on the Internet at https://www.vr-payment.de/produkte/e-commerce-payment.

4.8 If you select a payment method offered via the “Stripe” payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about Stripe is available online at https://stripe.com/de.

4.9 If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here:

https://anthosbotanicals.de/versand-und-paymentsinformation

4.10 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price is within the payable without deduction within the time limit specified on the invoice, unless otherwise agreed. The seller reserves the right to offer the "purchase on invoice" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In such a case, the seller will notify the customer of the corresponding payment restriction within the payment information provided in the online shop.

4.11 If the "purchase on invoice" payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The "purchase on invoice" payment method is subject to a successful credit check by Klarna AB. If the customer is permitted to use the "purchase on invoice" payment method following the credit check, payment processing is handled in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can make payments with discharging effect only to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB apply; these can be accessed by the customer during the ordering process. The seller reserves the right to offer the "purchase on invoice" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In such a case, the seller will notify the customer of the corresponding payment restriction within the payment information provided in the online shop.

4.12 If the "credit card via Stripe" payment method is selected, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.

4.13 If the "Consors Finanz" financing payment method is selected, payment processing is handled by BNP Paribas S.A. (German Branch), Rüdesheimer Straße 1, 80686 Munich (hereinafter "Consors Finanz"), to whom the seller assigns its payment claim. Before accepting the seller's declaration of assignment, BNP Paribas S.A. conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the "Consors Finanz" financing payment method to the customer in the event of a negative check result. If BNP Paribas S.A. approves the "Consors Finanz" financing payment method, the customer must pay the invoice amount to BNP Paribas S.A. in accordance with the terms and conditions stipulated by the seller and communicated in the seller's online shop. In this case, payment may only be made to BNP Paribas S.A. with discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries—e.g., regarding the goods, delivery time, shipment, returns, complaints, notices of withdrawal and their submission, or credit notes

5) Delivery and Shipping Terms

5.1 If the seller offers shipping, delivery shall be made to the delivery address specified by the customer within the delivery area indicated by the seller, unless otherwise agreed. The delivery address specified during the seller’s order processing shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding return costs, the provisions set out in the seller’s instructions on the right of withdrawal shall apply in the event of an effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the freight forwarder, the carrier, or the person or entity otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the customer only upon handover of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss or deterioration of the sold goods passes to the customer—even in the case of consumers—as soon as the seller has handed the goods over to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, provided that the customer commissioned said freight forwarder, carrier, person, or entity and the seller had not previously named them to the customer.

5.4 If the customer is acting as a consumer based in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery of goods to the seller by its own suppliers. However, this applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately, and any payment already made will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller performs in advance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following applies to contracts for the supply of goods:

7.1 If the customer acts as a business operator (entrepreneur):

the seller has the choice regarding the method of supplementary performance;
for new goods, the limitation period for rights regarding defects is one year from the delivery of the goods;
for used goods, rights regarding defects are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and reductions in time limits set out above do not apply to claims for damages and reimbursement of expenses made by the customer,
in the event that the seller has fraudulently concealed the defect, to goods that have been used for a structure in accordance with their customary use and have caused the defectiveness of said structure,
to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for business operators, statutory limitation periods regarding any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and to notify the seller thereof. If the customer fails to do so, this has no effect on their statutory or contractual claims regarding defects.

8) Liability

The Seller is liable to the Customer for claims for damages and reimbursement of expenses arising from contractual, quasi-contractual, and statutory obligations—including tortious liability—as follows:

8.1 The Seller shall be liable without limitation on any legal grounds:

in the event of willful intent or gross negligence,
in the event of willful or negligent injury to life, body, or health,
based on a guarantee, unless otherwise stipulated in that regard,
based on mandatory liability, such as under the Product Liability Act.

8.2 If the Customer acts as a consumer based in Germany or as a business, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation pursuant to the preceding section. Material contractual obligations are obligations that the contract imposes on the Seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on the observance of which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded, unless the Seller is liable without limitation pursuant to the preceding section.

8.3 The foregoing liability provisions also apply to the Seller’s liability for its agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period, and which cannot be purchased by the customer (hereinafter "promotional vouchers"), may only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the terms of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Retroactive offsetting is not possible.

9.5 Only one promotional voucher may be redeemed per order.

9.6 If the promotional voucher refers to a specific monetary value rather than a percentage discount, the value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.8 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.9 The promotional voucher will not be refunded if the customer returns goods paid for—in whole or in part—with the promotional voucher, in accordance with their statutory right of withdrawal.

9.10 The promotional voucher is intended solely for use by the person named on it. The promotional voucher is non-transferable. The seller is entitled, though not obliged, to verify the voucher holder's actual entitlement to the claim.

10) Applicable Law

10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of the conclusion of the contract.

11) Code of Conduct

The seller has agreed to the terms of participation for the "Fairness im Handel" (Fairness in Trade) e-commerce initiative, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
The seller has agreed to the guidelines for "Google Customer Reviews," which can be viewed online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.

12) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.