- scope
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Redeeming promotional vouchers
- Applicable Law
- place of jurisdiction
- Alternative Dispute Resolution
- Prize draw
- Cancellation policy – events
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of PerNaturam GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") has with the seller with regard to the seller in his goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the implementation of these events. The statutory provisions in the relationship between the customer and the organizer as well as any deviating conditions of the organizer apply exclusively to the implementation of the events. If the seller is not also the organizer at the same time, he is not liable for the proper
Execution of the event, for which the respective organizer is solely responsible.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions 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.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller can 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 receipt of the order confirmation by the customer is decisive in this respect, or - by he delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or - by asking the customer to pay after the order has been placed.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of 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 - under the conditions for payments without a PayPal account, can be viewed 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 in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved 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 order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs 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 for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made 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 you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/ .
4.5 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 must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.6 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank as a result of the chargeback,
4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect claims on his behalf. BS PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via BS PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
8.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid. 8.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
9) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
11) Alternative Dispute Resolution
11.1 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12) Prize draw
12.1 Terms and conditions
Participation in prize draws organised by PerNaturam, An der Trift 8, 56290 Gödenroth, hereinafter referred to as the operator or organiser, is subject exclusively to these terms and conditions.
12.2 Prize draw procedure
The duration of the competitions is as stated for each individual competition. During this period, users are given the opportunity to participate in the competition online.
12.3 Participation
To enter a competition, the procedures are clearly marked for each competition. Participation is only possible during the participation period. Entries received after the closing date will not be considered in the draw.
Only one submitted registration per participant will be entered into the competition. It is not permitted to use multiple email addresses or multiple Facebook, Instagram or Twitter profiles to increase the chances of winning.
Participation in competitions is free of charge.
A participant takes part in the competition by registering with the medium provided by the organiser for participation, providing the personal data required for the respective competition, using an electronic button to expressly agree to these terms and conditions of participation and, if applicable, further declarations that vary depending on the competition. The electronically logged receipt of the declaration of participation by the organiser serves to verify that the deadline has been met. It is not possible to participate via a means of communication not provided by the organiser for the competition.
12.4 Entitled to participate
Natural persons who have reached the age of 18 are entitled to participate. Participation is not limited to customers of the organiser and is not dependent on the purchase of a product or service.
If a participant's legal capacity is restricted, the consent of their legal guardian is required.
All persons involved in the design and implementation of the competitions and the operator's employees, as well as their family members, are not entitled to participate in competitions. In addition, the operator reserves the right, at its own discretion, to exclude persons from participating and thus from any chance of winning, to subsequently withdraw prizes and to demand their return if there are legitimate reasons, for example
(a) manipulation in connection with access to or execution of the competitions, (b) violations of these conditions of participation, (c) unfair practices or (d) false or misleading information in connection with participation in the competition.
Winners will be drawn at random from all participants after the closing date. If the competitions are linked to a task, only those participants who have completed the task correctly will be entered into the draw.
The winners of the draw will be informed of their win in a separate e-mail in a timely manner.
The prize will only be handed over to the winner. It is not possible to exchange the prize or to receive a cash payment in lieu of the prize. Only one prize is possible per participant in a competition.
Any costs incurred for sending the prizes will be covered by the operator. Any additional costs associated with claiming the prize will be charged to the winner. The winner is responsible for any tax liability on the prize.
Participation in the competition offers at most one chance of winning. This does not give rise to any legal claim on the part of the participant.
The organiser is released from all obligations upon delivery of the prize. No liability is accepted for legal and/or material defects.
The announcement of the winners is made without guarantee.
12.5 Termination of the competitions
The Organiser expressly reserves the right to end the competition without prior notice and without stating reasons. This applies in particular to any reasons that would disrupt or prevent the competitions from running as planned.
12.6 Disclaimer
The Organiser shall not entertain any claims for damages in connection with this competition. This exclusion shall not apply to a limitation of liability for damages arising from injury to life, limb or health that are based on an at least negligent breach of duty by the Organiser or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Organiser. Likewise, the exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by the organiser or on a grossly negligent breach of duty by a legal representative or vicarious agent of the organiser.
12.7 Data protection
Personal data must be provided in order to participate in competitions. Participants affirm that the personal information they provide, in particular their first name, surname and email address, is true and correct.
The organiser points out that none of the participant's personal data will be passed on to third parties or made available for use by third parties without consent.
An exception to this is for the execution of the competition, which must collect, store and use the data for the purpose of conducting the competition.
In the event of a win, the winner agrees to the publication of his first and last name in the advertising media used by the organiser. This includes the announcement of the winner on the operator's website and its social media platforms.
Participants can revoke their consent at any time. The revocation must be addressed in writing to the organiser's contact details given in the imprint section. After revocation of consent, the participant's collected and stored personal data will be deleted immediately. There is no chance of winning after deletion.
12.8 Facebook Disclaimer
This promotion is not connected to Facebook and is in no way sponsored, endorsed or organised by Facebook.
12.9 Applicable law
Questions or complaints in connection with the competition should be addressed to the operator. Contact details can be found in the imprint.
The operator's competition is subject exclusively to the law of the Federal Republic of Germany.
There is no right of appeal.
12.10 Severability Clause
Should any provision of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, the legally permissible regulation that comes closest to the meaning and purpose expressed in the invalid provision shall apply. The same applies in the event of a gap in these terms and conditions.
By participating in the competition, participants accept these terms and conditions.
13) Cancellation policy – events
seminars and workshops:
Participation can be cancelled free of charge up to 14 days before the event.
For cancellations made 13 to 8 days before the event, we charge 50% of the course fee.
For cancellations made 7 to 0 days before the event, we charge 100% of the course fee.
Webinars
Participation can be cancelled free of charge up to 8 days before the event.
For cancellations made 7 to 0 days before the event, we charge 100% of the course fee.
