Terms of service

General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Agreements
7. Retention of Title
8. Defect Liability (Warranty)
9. Clear-Water-Without-Algae Guarantee
10. Liability
11. Redemption of Promotional Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Natura Summarum GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC 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.

1.5 The subject of the contract may – depending on the Seller’s product description – be either the purchase of goods through a one-time delivery or the purchase of goods through a continuous delivery (hereinafter “Subscription Agreement”). In the case of a Subscription Agreement, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via the online contact form, by post, or by telephone.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted their 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 after the Customer sends the offer and ends at the end of the fifth day following the sending 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer’s order has been submitted. The Seller does not provide any further access to the contract text. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1.Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

Withdrawal Instructions

Right of Withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (Natura Summarum GmbH, Krawinkel No. 6, 06647 Bad Bibra - shop@naturasummarum.de)

by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Effects of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than thirty days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the thirty-day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

End of Withdrawal Instructions

Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back to Natura Summarum GmbH, Krawinkel No. 6, 06647 Bad Bibra, shop@naturasummarum.de.

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Ordered on (*) / received on (*): ________________________________________________

Name of the consumer(s): __________________________________________________

Address of the consumer(s):

___________________________________________________________________________

Signature of the consumer(s) (only if notification is on paper)

____________________________________________

Date: _________________

*) Delete as appropriate.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

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

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

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

4.5 When selecting a payment method offered via the payment service “PayPal,” payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they provide advance performance to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits, even in the case of assignment of the claim.

4.6 When selecting a payment method offered via the payment service "Shopify Payments," payment processing is carried out by 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 Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, and the Customer may be separately informed of these. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the 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 with regard to the costs for the initial delivery if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation in the Seller’s withdrawal instructions applies in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the Customer or an authorized recipient. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even if they are a consumer, as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated for the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by e-mail
• by post

6) Contract Duration and Termination for Subscription Agreements

6.1 Subscription agreements are concluded for a fixed term, for the contract duration evident from the respective product description in the Seller’s online shop, and end automatically after the contract term has expired.

6.2 The right to terminate for good cause remains unaffected. A good cause exists if the terminating party, considering all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the end of a notice period.

6.3 Terminations must be made in writing or in text form (e.g., by e-mail).

7) Retention of Title

7.1 If the Seller provides advance performance, they retain title to the delivered goods until full payment of the purchase price owed.

7.2 In relation to entrepreneurs, the Seller retains title to the delivered goods until all claims from an ongoing business relationship have been fully settled.

7.3 If the Customer acts as an entrepreneur, they are authorized to resell the goods subject to retention of title in the ordinary course of business. All resulting claims against third parties are assigned in advance to the Seller up to the amount of the respective invoice value (including value-added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims themselves remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

8) Defect Liability (Warranty)

Unless otherwise stipulated in the following provisions, the statutory defect liability regulations apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from the delivery of the goods;
• for used goods, defect rights are excluded;
• the limitation period does not restart if a replacement delivery is made as part of the defect liability.

8.2 The above liability limitations and limitation period reductions do not apply

• to the Customer’s claims for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial examination and notification obligation pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods are deemed to have been approved.

8.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller of this. Failure to comply with this does not affect the Customer’s statutory or contractual defect claims.

9) Clear-Water-Without-Algae Guarantee

The Seller grants new customers a Clear-Water-Without-Algae Guarantee. If the Customer still has green water or algae in their pond 30 days after the second application of Natura Summarum, they will receive the same application quantity as ordered once free of charge from the Seller. For this, the Customer must send the Seller their pond size as well as a photo of their pond before the first application and a photo 30 days after the second application of Natura Summarum. Only new customers who are registered and can present an invoice can make use of the Clear-Water-Without-Algae Guarantee. If the Customer has not applied the quantity tailored to their pond size, the Clear-Water-Without-Algae Guarantee expires. The guarantee is only granted during the pond season at water temperatures above 10°C and only once per new customer.