General terms and conditions with customer information
1.1. For the business relationship between Pronura GmbH, Schlosswiesen 3, 74847 Obrigheim (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. The customer can contact customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 1:00 p.m. on the telephone number +49 6261 675 2880 or by e-mail at firstname.lastname@example.org.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.2. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button. Within the shopping cart, the product selection can be changed, eg deleted. The customer can then complete the ordering process in the shopping cart by clicking the [Checkout] button.
2.3. The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Buy] button. Before completing the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
2.4. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute a conclusion of a purchase contract. The purchase contract is only concluded when the seller hands over the ordered product to the customer within 2 days, or dispatches it to the customer within 2 days within 2 days with a second e-mail, express order confirmation or sending of the invoice.
2.5. If the seller allows payment in advance (here: payment by direct debit), the contract is concluded when the bank details are provided and the customer is requested to pay within the next 14 days. If the payment is not received by the seller within 14 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. A reservation of the article with payment in advance (payment by direct debit) is therefore made for a maximum of 14 calendar days.
3. Prices and shipping costs
3.1. All prices stated on the seller's website include the applicable statutory sales tax.
3.2. We deliver to all EU countries free of charge. For deliveries to Switzerland, the United Kingdom (UK) and the Faroe Islands, a flat rate shipping fee of EUR 9.90 applies.
4. Delivery, Availability of Goods
4.1. Unless otherwise agreed, the goods are delivered from our warehouse to the specified address. The delivery time for deliveries within Germany is about 2-3 working days, for deliveries within Europe about 4-5 working days. If payment in advance has been agreed, delivery will take place approximately 3-4 days after receipt of the invoice amount.
4.2. If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
4.3. The seller is not obliged to deliver the ordered goods if he himself ordered the goods properly, but the goods were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that the seller is not responsible for the lack of availability of the goods. In addition, the seller must not have assumed the risk of procuring the ordered goods. If the goods are not available, the customer will be reimbursed immediately for payments already made. The seller does not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). The seller is only obliged to deliver from his stock of goods and the goods ordered from the supplier.
5. Payment Arrangements
5.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Payment can be made either by:Credit card
5.2 The seller is responsible for selecting the available payment methods. In particular, he reserves the right to only offer the customer selected payment methods for payment, for example only prepayment to protect his credit risk.
5.3 When paying by credit card, the purchase price will be reserved on your credit card at the time the order is placed (authorization). The credit card account is actually debited when the seller sends the goods.
5.4 When paying with PayPal, the customer is forwarded to the website of the online provider PayPal in the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, identify himself with his access data and confirm the payment order. After placing the order in the shop, the seller requests PayPal to initiate the payment transaction. The customer receives further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
5.5 When paying by direct debit, the customer may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.
5.6. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
5.7. The customer only has the right to offset if his counterclaims have been legally established and recognized by the seller or are closely related to the main claim. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
6. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
7. Warranty against Material Defects
The warranty is determined by the statutory provisions.
8. Cancellation policy
In the event that the customer is a consumer within the meaning of § 13 BGB, i.e. makes the purchase for purposes that cannot be attributed to his commercial or self-employed professional activity, he has a right of withdrawal in accordance with the following provisions.
right of withdrawal
the customer has the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the goods.
In order to exercise his right of withdrawal, the customer informs the seller of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
The customer can use the attached model cancellation form for this purpose, but this is not mandatory.
Sample cancellation form
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
The revocation must be sent to
Telephone: +49 6261 675 2880
In order to comply with the cancellation period, it is sufficient if the customer sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation:
If the customer withdraws from the contract, the seller shall owe the customer all payments made, including delivery costs (except for the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by the seller) , immediately and at the latest within fourteen days from the day on which the seller received the notification of the cancellation of the contract. For this repayment, the seller uses the same means of payment that the customer used for the original transaction, unless another means of payment was expressly agreed; under no circumstances will the customer be charged any fees for the refund.
The seller may refuse to refund until the goods have been returned or the customer has provided proof that the goods have been returned, whichever is earlier.
The customer must return or hand over the goods to the seller without undue delay and in any case no later than fourteen days from the day on which he informed the seller of the cancellation of this contract. The deadline is met if the customer sends the goods back before the period of fourteen days has expired and provides proof of sending.
In any case, the return costs are to be borne by the customer himself.
The customer must pay for any loss in value of the goods if the goods are not returned in perfect, unopened condition.
9. Voluntary Redemption
The seller grants a 30-day right of return via the statutory right of withdrawal. The period begins with receipt of the goods. The deadline is met if the customer sends the goods before the deadline of 30 days has expired. The purchase price will be refunded by the seller within 14 days after receipt of the return. The direct costs for the return are to be borne by the customer.
10.1. The following exclusions and limitations of liability apply to the seller's liability for damages (without prejudice to other statutory entitlement requirements):
10.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the text of the contract
11.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If the customer has registered in the online shop www.equoaktiv.com, he can view the orders he has placed in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
12. Final Provisions
12.1. Should a provision of these General Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected. If the contractual partner is a merchant according to the German Commercial Code, the place of jurisdiction is the registered office of this company, Pronura GmbH.
12.2. Contract language is German.
12.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.