1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Forte Natura LLC (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
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 outside their trade, business or profession. 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.
1.4 The subject matter of the contract may - depending on the seller's product description - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but are intended for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone.
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 the receipt of the order confirmation by the customer is decisive in this respect, 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 placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of 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 time the customer clicks the button concluding 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 contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during 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 generally carried out by e-mail 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 by the seller 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 withdrawal can be found in the seller's withdrawal policy.
3.3 According to §312g para. 2 no. 3 BGB, the right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.4 The right of withdrawal expires in accordance with Section 356 (5) BGB for "digital content", e.g. e-books. Whether this data is downloaded in full, saved and then made visible or made visible in real time during the download is irrelevant.
3.5 For orders to Switzerland, all products are excluded from exchange and cannot be returned. These are shipped from our location in Switzerland.
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 VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money by 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 transfer of funds 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 store.
4.4 When paying by KLARNA (invoice, installment purchase, pay now), Bancontact or iDEAL, payment is processed via the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "Mollie"), to whom we pass on your information provided during the ordering process together with the information about your order in accordance with Art. 6 para. 1 lit. b GDPR. Mollie is a licensed payment institution within the meaning of Directive 2007/64/EC and is regulated and supervised by the Dutch Central Bank (DNB). Your data will only be passed on for the purpose of payment processing with the payment service provider Mollie and only to the extent necessary for this purpose. You can find more information about Mollie's privacy policy at the following internet address: https://www.mollie.com/de/privacy.
Klarna invoice: The Klarna invoice conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
Klarna instant bank transfer: Details on payment with instant bank transfer can be found at the following link: https://www.klarna.com/sofort/
4.6 The "Bancontact" payment method is only available for customers from Belgium. After placing the order, you will be redirected to the website of the online provider Bancontact. In order to be able to pay the invoice amount via Bancontact, you must have an online banking account with PIN/TAN procedure activated for participation in Bancontact, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Bancontact and your account will be debited. The payment is processed via the payment provider Mollie B.V.
4.7 The payment method "iDEAL" is only available for customers from the Netherlands. After placing the order, you will be redirected to the website of the online provider iDeal. In order to be able to pay the invoice amount via iDeal, you must have an online banking account with PIN/TAN procedure activated for participation in iDeal, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by iDeal and your account will be debited. The payment is processed via the payment provider Mollie B.V.
4.8 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed 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 carry out a credit check and to reject this payment method if the credit check is negative.
4.9 If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
4.10 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date. We reserve the right to cancel the order after 7 working days if payment has not been received by then.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the 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 return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are sent to the customer as follows
by e-mail
by post
6) Contract duration and contract termination for subscription contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
6.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).
7) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.
8.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the item has been taken to a place other than the registered office or commercial branch of the customer to which the delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
8.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. This does not apply in the case of recourse according to § 478 BGB, nor does it apply in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
9) Liability for damages and reimbursement of expenses
9.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with sections 9.2 to 9.7:
9.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
9.2.2 Insofar as we or our representatives or vicarious agents have slightly negligently breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability shall be limited to the foreseeable, typically occurring damage.
9.2.3 Unless otherwise stipulated in Clauses 9.2.1 and 9.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as the supplier in accordance with § 478 BGB.
9.3 The exclusions and limitations of liability under clause 9.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses instead of performance.
9.4 The exclusions and limitations of liability under clause 9.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
9.5 Insofar as the limitation of liability pursuant to Section 9.2 does not apply to claims arising from manufacturer's liability pursuant to Section 823 BGB, our liability shall be limited to the insurance compensation. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.
9.6 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
9.7 A reversal of the burden of proof is not associated with the above provisions.
10) Redemption of promotional vouchers
10.1 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 store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 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.
10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 In the case of offers with promotional gifts (e.g. "1+1"), the customer receives a free product with their purchase. If the customer makes use of his right of revocation and returns the purchased goods, he must also return the promotional gift. Alternatively, the customer can keep the gift and will receive an invoice for the amount of the purchase price. We reserve the right to invoice the non-returned gift if it is not sent back with the purchased goods.
10.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
11) Redemption of gift vouchers
11.1 Gift vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift 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.
11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
11.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.
Passing on to third parties. You may not transfer your user account to third parties and are responsible for all activities in your account.
14) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of goods. In the case of 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.
15) Place of 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 shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be 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 in any case entitled to appeal to the court at the customer's place of business.
16) Alternative dispute resolution
16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This 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.
16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
