GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
These General Terms and Conditions of the company MORI Organics (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2. CONCLUSION OF THE CONTRACT
The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
In case of an order via the Seller’s online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller’s website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.
Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
The German and the English language are exclusively available for the conclusion of the contract.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. RIGHT TO CANCEL
Consumers are entitled to the right to cancel.
Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.
4. PRICES AND PAYMENT CONDITIONS
Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
Payment can be made using one of the methods mentioned in the Seller’s online shop.
If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract
When selecting the payment method “purchase on account”, the purchase price will be due after the goods are delivered and invoiced. In this case, the purchase price has to be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days from the date of the invoice without deduction, unless otherwise agreed upon. The use of the payment method “purchase on account” requires a successful credit check by Klarna AB. If the Client is permitted to use the payment method “purchase on account” after checking his creditworthiness, the processing of the payment will be done in cooperation with Klarna AB to whom the Seller assigns his payment claims. In this case, the Client can make payments with debt-discharging effects only to Klarna AB. In addition, the general terms and conditions of Klarna AB shall be applicable. The Client can call them up during the order procedure. The Seller reserves the right to offer the payment method “purchase on account” only up to a specific order volume and to refuse the payment method if the indicated order volume is exceeded. In this case, the Seller will inform the Client of a corresponding payment restriction under the heading payment information in his online shop.
When choosing the payment method SEPA direct debit, payment is handled via the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich in cooperation with AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. The invoice amount is due for immediate payment after a SEPA direct debit mandate has been granted but not before the time limit for pre-notification has expired. Direct debit collection takes place after the ordered goods leave the Seller’s warehouse, but not before the time limit for pre-notification has expired. A pre-notification is any notice (for example invoice, police, contract) the Seller addresses to the Client announcing a debiting of the Client’s account via SEPA direct debit. If the Client is a consumer, the time limit for pre-notification will be shortened to five days in case of first debits and to two days in case of recurring debits. The period for pre-notification shall start to run on the following day and – in case the Client is a consumer – shall expire on the fifth day regarding first debits and on the second day regarding recurring debits. In case the Client is a trader, the period for pre-notification shall expire on the day following the pre-notification. If the last day of the deadline falls on a Saturday, a Sunday or on a public holiday at the Client’s domicile, such day shall be replaced by the following working day. If debit entries are not honored due to insufficient funds or due to a statement of wrong bank details or if the Client objects to the debit although he is not entitled to do so, the Client has to bear the costs incurred as a result of reversing a payment transaction by the respective bank, provided he is responsible for the failed debit.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
5. SHIPMENT AND DELIVERY CONDITIONS
Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
Personal collection is not possible for logistical reasons.
6. RESERVATION OF PROPRIETARY RIGHTS
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
Should the object of purchase be deficient, statutory provisions shall apply.
The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8. REDEMPTION OF CAMPAIGN VOUCHERS
Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
Only one campaign voucher can be redeemed per order.
The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
9. APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10. PLACE OF JURISDICTION
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
11. ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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