NGS Logo NGS Logo
 
0

Terms & Conditions



General terms and conditions for end customers
Natural German 2022


1. General

1.1 Jakob Dahlke, Keltenweg 4A, 85411 Hohenkammer, Germany (hereinafter "NGS") operates an online shop (hereinafter "Shop") at www.naturalgerman.com in cooperation with Octotrade Inc. Japan. You can find more information about NGS under Imprint.

1.2 The offer is aimed at consumers and entrepreneurs (hereinafter "customers"). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§13 BGB). Entrepreneurs are legal persons, natural persons or partnerships with legal capacity who conclude legal transactions for commercial, independent or freelance purposes (§14 BGB).

1.3 NGS presents and sells products from selected dealers/manufacturers online in the shop. The products are stored in the dealer/manufacturer's warehouse and are presented by NGS. The conclusion of the contract on the marketplace is between the customer and NGS (for more details, please refer to Section 4 of these General Terms and Conditions of Use (hereinafter "GTC").

1.4 The mechanical reading of data on the platform www.naturalgerman.com (crawling/scraping) is prohibited unless agreed with NGS. If this prohibition is violated and NGS has determined which crawler was used, NGS reserves the right to assert corresponding claims.

1.5 As the operator of the platform, NGS endeavors to ensure the greatest possible availability, but is entitled to temporarily restrict the availability of the shop and individual services if this is necessary with regard to capacity limits, the security or integrity of the systems, to comply with legal provisions or to carry out necessary technical measures (e.g. maintenance work) is required. The customer is therefore not entitled to a specific availability of the shop.

1.6 NGS respect the intellectual property of third parties and respect all aspects of copyrighted or trademarked content. If you suspect any infringement of intellectual property rights, please do not hesitate to contact us. All trademarks and brands mentioned on this website are the property of their respective owners.

1.7 The content of the website naturalgerman.com, the user interface (descriptions, images and graphics) and all associated procedures and processes are protected by copyright and trademark law. Any other use is not permitted and requires our express approval. The information made available on the NGS website may not be used for purposes related to the offering of products, resale, marketing or distribution, or the creation of a database for commercial purposes. The customer is not entitled to use reproduced or modified content from our website. Customer is not permitted to copy and post information from any other website or link to NGS unless prior permission is obtained. Screenshots of our website (both electronic and printed) may only be used for individual purposes.

1.8 NGS assumes no liability for the permanently flawless functioning of our website. NGS accepts no liability for any delay or interruption in access to your customer account. In addition, we cannot guarantee that your payment transactions will be carried out correctly, as any problems that may arise may be beyond our control. We undertake to ensure, within our means, that our website remains free of malicious software or programs.
Under no circumstances will NGS be liable for direct or indirect damage resulting from the use of or access to our website. The same applies to the transfer of content from our website. NGS is also not liable for claims for damages resulting from the use of your account or our website.

2. Scope

2.1 The use of the shop www.naturalgerman.com and all subdomains belonging to this domain is exclusively subject to these terms and conditions in the version valid at the time of the order.

2.2 NGS does not recognize any deviating terms and conditions of the customer, unless something else has been expressly agreed between NGS and the customer.

3. Registration / User Account

3.1 Accessing the website www.naturalgerman.com and viewing the products and prices offered there is generally possible without prior registration.

3.2 If the customer wants to place an order, registration is necessary. Ordering as a guest is not possible. Registration of the customer as a natural person is only possible if the customer has reached the age of 18. Persons who have not yet reached the age of 18 are excluded from registration and thus also from the order, since the former is a prerequisite for an order. The use by legal entities is based on the legal and articles of association provisions with regard to the power of representation.

3.3 As part of the registration, a user account is created for the customer on www.naturalgerman.com. Registration is free. In this user account, the customer can manage his customer data himself. There is no right to register a user account. A customer account can also be created at any time independently of a specific order.

3.4 When registering, the customer must provide their name, e-mail address, telephone number, address data and a password. The customer assures that the data provided during registration is correct and complete. Multiple registrations are not allowed. NGS is entitled, but not obliged, to check the correctness or completeness of the data entered by the customer. In this regard, NGS reserves the right to request suitable evidence from the customer to verify their identity or compliance with the registration requirements specified in 3.2.

3.5 NGS reserves the right to delete customer accounts that do not have a completed registration process at regular intervals after a reasonable period of time. In addition, NGS reserves the right to deactivate an account due to inactivity after 24 months - provided all orders have been completed.

3.6 The customer is not entitled to pass on his access data to third parties or otherwise disclose them to third parties. Rather, the customer must keep the data secret.

3.7 Basically, with the registration - subject to the fact that something else is or has been agreed here - a user relationship arises for an indefinite period. The customer can informally terminate his user account at any time by e-mail without notice. In the event of termination, the customer's data will be deleted in accordance with data protection regulations four weeks after the termination takes effect, unless the data is to be stored in accordance with statutory retention requirements.

3.8 NGS has the option to temporarily block the customer's user account at any time if there is a violation of these GTC. NGS can also terminate the customer's user account at any time with a notice period of two weeks to the end of the month.

3.9 The right to termination without notice for important reasons remains unaffected. An important reason that entitles NGS to terminate exists in particular if the customer violates provisions 3.2 or 3.6 of these GTC.

3.10 Once a customer account has been terminated, it is not possible to reactivate it on the NGS platform.

3.11 The termination of the user account - for whatever reason - must be in text form (§ 126b BGB).

3.12 If one party terminates a user account, the mutual rights and obligations from orders placed up to this point in time remain unaffected by the termination. Blocking only takes place when the last order has been completely processed, i.e. the goods have been delivered to the customer.

4. Conclusion of contract

4.1 NGS presents goods from various manufacturers and dealers in the online shop www.naturalgerman.com. However, this presentation of goods does not constitute a binding contract offer. Rather, the presentation of goods represents a non-binding offer from NGS to the customer.

4.2 The customer can initially place the products in his shopping cart on the website www.naturalgerman.com without obligation by pressing the button labeled "Add to shopping cart" (or similar). The customer can change the contents of the shopping cart at any time by pressing the button View “shopping cart” (or similar) and use the removal functions provided to add or remove items from the shopping cart.

4.3 After pressing the "Checkout" button (or similar), the customer has the option of entering or selecting a billing address that deviates from the address stored during registration and the payment method. This data can be viewed and changed on this page or adjusted using the options provided. Here, too, the customer can view the selected items. The customer accepts these terms and conditions by clicking on the corresponding checkbox before completing the ordering process, which must be ticked. The customer then makes a binding offer to purchase the goods in the shopping cart by clicking on the “Order with obligation to pay” button (or similar). NGS only buys the ordered goods from the manufacturer/dealer when the customer has placed an order in the online shop and the payment has been successfully processed.

4.4 After NGS has received the order, the customer will receive an e-mail confirming receipt of the order by NGS and listing its details (so-called confirmation of receipt). The confirmation of receipt does not constitute acceptance of the offer. The confirmation only serves to confirm receipt of the order. A contract does not come about through the confirmation of receipt.

4.5 A contract is only concluded when NGS expressly declares acceptance to the customer (so-called order confirmation) or at the latest when the ordered goods are delivered to the customer (for the shipping and delivery conditions see point 5 immediately). Express acceptance will only be declared to the customer once shipment has been confirmed by the retailer to NGS.

4.6 Contract language is German and English.

5. Storage, shipping and delivery conditions

5.1 Deliveries to the customer are always made by NGS and its logistics partners.

5.2 The customer has one option to choose from for handling the shipment: UPS Express Shipping.

5.3 The delivery times vary depending on the selected destination country and product. The exact delivery times are therefore only mentioned in the checkout, as soon as the customer has all the information required for shipping.

5.4 We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates. If NGS determines during the processing of your order that the products you have ordered are not available from dealers/manufacturers, you will be informed separately. The legal rights of the customer remain unaffected.

5.5 NGS reserves the right to withdraw from the contract in the event of incorrect or improper delivery by the supplier. This only applies in the event that NGS is not responsible for non-delivery and NGS has concluded a specific hedging transaction with the supplier (dealer or manufacturer). In the event of unavailability or only partial availability of the goods, the customer will be informed immediately by NGS and any consideration already paid (see Section 8) will be reimbursed immediately.

5.6 If delivery to the customer is not possible because the customer cannot be found at the delivery address provided by him, although the customer was informed of the delivery time within a reasonable period of time or because the delivered goods did not go through the customer's front door, front door or stairwell fits, the customer bears the costs for the unsuccessful delivery and any return transport and customs costs that may arise.

5.7 Our shipping partner endeavors to deliver packages within normal delivery times. However, delivery times cannot be guaranteed and do not form part of the contract between the customer and NGS. NGS is not liable for any damage or loss caused by delays in delivery by the logistics service provider.

6. Retention of title, offsetting

6.1 The delivered goods remain the property of the supplier until the purchase price has been paid in full to the supplier.

6.2 The customer is not entitled to offset against claims from NGS, unless their legal claims have been legally established or are undisputed. The customer is also not entitled to set off against any claims by NGS if the customer asserts complaints or counterclaims from the same purchase contract.

7. Prices

7.1 The prices at the time of the order apply.

7.2 All prices are final prices, which means that they include the applicable German statutory VAT for customers inside and outside the EU.

7.3 If you order products from NGS for delivery outside the EU, NGS will take care of the customs documentation and customs clearance in cooperation with the shipping partner. Import duties and taxes may be charged once the package reaches the designated destination. Any additional charges for customs duties must be borne by customers themselves; NGS has no control over these fees. Customs regulations vary greatly from country to country, so the customer should contact their local customs office for more information. Further, the customer please note that when ordering, NGS is considered the importer and must comply with all laws and regulations of the country where products are received. Protecting customer data is important. Therefore, NGS advises international customers that cross-border shipments are subject to opening and inspection by customs authorities.

8. Maturity and Payment

8.1 The purchase price is due when the customer sends the order.

8.2 NGS offers the customer various payment methods, which are shown under payment methods.

8.3 For the safety of the customer, NGS does not store any payment data from the customer.

8.4 The customer agrees that invoices, credit notes or other notifications relating to the order are only sent in electronic form and made available in the user account.

9. Right of Withdrawal

9.1 Consumers are generally entitled to a right of withdrawal. The customer's cancellation period begins with the delivery of the goods to the customer. The customer is responsible for the return costs and customs fees for the return to Germany.

9.2 Entrepreneurs have no right of withdrawal.

9.3 Further information on the right of cancellation can be found in the cancellation policy.

9.4 However, the right of withdrawal does not apply to consumers who do not belong to a member state of the European Union (“EU”) at the time the contract is concluded and whose sole place of residence and delivery address are outside the EU at the time the contract is concluded. Regarding the choice of law, see Section 13 of these General Terms and Conditions.

10. Warranty

10.1 NGS is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.

10.2 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; in the case of new goods, the limitation period for defects is one year from the transfer of risk; in the case of used goods, the rights and claims due to defects are fundamentally excluded; the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

10.3 If the customer acts as an entrepreneur, he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

10.4 The customer has to bear the return costs according to Article 246a § 1 paragraph 2 sentence 1 number 2 of the Introductory Act to the Civil Code.

10.5 All complaints must be made in writing, enclosing original documents and photos of the damaged goods, within 14 days of receipt of the packaging, otherwise no liability can be accepted. NGS relies on the shipping partner's evaluation process and cannot provide replacement or compensation prior to the partner's final decision. The review and decision-making process takes at least four to eight weeks.

11. Liability

11.1 The seller is always fully liable for claims based on damage caused by NGS, its 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,
– in the case of promises of guarantees, if agreed, or
– as far as the scope of application of the Product Liability Act (“ProdHaftG”) is open.

11.2 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 NGS, its legal representatives or vicarious agents, the liability is limited to the amount incurred at the time the contract was concluded limited to foreseeable damage, the occurrence of which must typically be expected. Otherwise, claims based on slight negligence are excluded.

11.3 The limitations of the above paragraph also apply to the legal representatives and vicarious agents of NGS if claims are asserted directly against them.

11.4 The assignment of claims from this provision is excluded.

12. Promotional Coupons

12.1 Promotional vouchers are vouchers that cannot be purchased, but are issued as part of advertising campaigns with a specific period of validity.

12.2 Promotional vouchers can only be redeemed within the specified period and only once as part of an order process. Individual brands may be excluded from the voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be linked to a minimum order value.

12.3 The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.

12.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless otherwise agreed between NGS and the customer.

12.5 If a promotional voucher was used during the purchase, NGS reserves the right to charge the customer the original price of the goods that the customer keeps if - due to a revocation - the total value of the order falls below the respective value of the promotional voucher or this is equivalent to.

13. Governing Law & Jurisdiction

13.1 German law is exclusively applicable to all contracts concluded between NGS and customers, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

13.2 The exclusive place of jurisdiction for legal disputes between NGS and merchants, legal entities under public law or special funds under public law from contracts is the place of business of the seller. If the customer is based outside of the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes in connection with these General Terms and Conditions if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer.

13.3 For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the EU at the time the contract is concluded and whose sole place of residence and delivery address is outside the EU at the time the contract is concluded.

14. Consumer Dispute Resolution

14.1 The EU Commission provides an online platform for online dispute resolution (“OS platform”). It can be reached at the web address "https://ec.europa.eu/consumers/odr/".

14.2 The OS platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. NGS is neither obliged nor willing to participate in the dispute resolution process. The customer is happy to contact NGS directly with questions and problems.

15. Modification of Terms and Conditions

15.1 NGS is entitled to change these GTC with a corresponding notice period (see paragraph 2) if a change (i) is necessary and (ii) the customer is not unreasonably disadvantaged as a result.

15.2 NGS will inform the customer of any changes to the GTC six weeks before they come into effect in text form (§ 126b BGB).

16. Final Provisions

Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions. The seller and the customer undertake to replace a provision that has become ineffective with one that comes as close as possible to what is economically intended.

Continue