General Terms and Conditions (AGB)

1. To whom do these terms and conditions apply?

These terms and conditions apply to all contracts concluded between you as the customer and us as the seller through our online shop www.estatira.de. Customers within the meaning of these GTC are both consumers and entrepreneurs.

Consumers are natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2. With whom and how is the contract concluded? Is the contract text stored? What mediation options are available?

2.1 In the event of the conclusion of a contract, the contract is concluded with

Estatira Organic GmbH

Kreuzstr. 1-3

45468 Mülheim an der Ruhr 

2.2 The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, you submit a binding offer to conclude a purchase contract.

2.3 When an order is received in our online shop, the following rules apply: You submit a binding contractual offer by successfully completing the order procedure provided in our online shop.

The order is made in the following steps:

1. Selection of the desired goods
2. Confirm by clicking the "Add to Cart" button
3. Check the information in the shopping cart
4. Press the "Checkout" button (or continue shopping with the "Continue Shopping" button)
5. Login to the online shop after registration and entering the login details (email address and password) or ordering as a new customer by entering the necessary data (either a permanent customer account is created, or an order is placed as a guest without a permanent customer account).
6. If applicable, enter the delivery and billing address.
7. Select the shipping method.
8. Select the payment method.
9. Check or correct the respective entered data again.
10. Binding submission of the order by clicking the button "Order with obligation to pay".

Before bindingly submitting the order, you can return to the website where your details were recorded and correct any input errors by pressing the "back" button on your internet browser after checking your details or cancel the order process by closing the internet browser. We immediately confirm receipt of the order by an automatically generated email ("order confirmation"). With this, we accept your offer.

2.4 Storage of the contract text for orders via our online shop: We store the contract text and send you the order data and our GTC by email.

2.5 The European Commission has set up a platform for the resolution of disputes between consumers and online traders in accordance with Art. 14 para. 1 ODR-VO. This is the so-called OS platform. You can use this dispute resolution body in the event of disputes with us. To access the platform, please use the following link: http://ec.europa.eu/consumers/odr/.

3. What prices, delivery, and payment conditions apply?

3.1 The prices that were displayed on our website at the time of the order apply. Correction of obvious errors remains reserved.

3.2 The stated prices include the statutory VAT (currently 19%) and other price components. Any shipping costs that may apply are additionally indicated in the order overview. You can also find information on our "Shipping" page.

3.3 You have the option to pay in advance.

3.3.1 When paying in advance, you are obliged to pay the purchase price immediately after the contract is concluded. The total amount (purchase price plus delivery and shipping costs) must be transferred to the account specified in our confirmation email.

3.3.2 When paying by credit card, you simultaneously transmit your credit card details to us when placing the order. After your legitimation as the rightful cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

3.3.3 When paying via PayPal, you will be redirected to the website of the online provider PayPal during the order process. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterward. Additional information is available during the order process. An additional 1.9% of the purchase price is charged as costs.

3.3.4 When paying by Sofort-Überweisung, you will be redirected to the website of the online provider SOFORT Überweisung after placing the order. To pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedures activated for participation in SOFORT Überweisung, authenticate accordingly, and confirm the payment instruction to us. Additional information is available during the order process. The payment transaction is carried out immediately afterward by SOFORT Überweisung, and your account is debited.

4. How can I withdraw from the contract?

The right of withdrawal applies to consumers. The contract can be revoked under the conditions stated in the cancellation policy. To exercise the right of withdrawal, you can use the withdrawal form attached to the withdrawal policy.

5. When is the above right of withdrawal excluded?

The right of withdrawal does not apply or expires for contracts

• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
• for the delivery of goods that are made to customer specifications or clearly tailored to personal needs;
• for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.

6. What delivery and shipping conditions apply?

6.1 The delivery time is a maximum of 7 days from receipt of payment unless otherwise stated in the offer.

6.2 For consumers:

6.2.1 The risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon delivery. This also applies to the sale by dispatch. From the time the consumer is in default of acceptance, delivery is deemed to have taken place.

6.2.2 It is requested that obvious material or manufacturing defects of the delivered goods be reported to us or the transport company's employee who delivers the goods immediately. Failure to do so does not affect the consumer's statutory claims.

6.3 For entrepreneurs:

6.3.1 The risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur himself or a person entitled to receive them upon delivery. The decisive time for sale by dispatch is the delivery of the goods to a suitable transport person.

6.3.2 Returns are at the entrepreneur's risk and free of charge to our specified business address. The entrepreneur bears any costs incurred for returns. This does not apply to the sale of newly manufactured items.

6.3.3 The entrepreneur must report obvious defects in the goods in writing within 14 days at the latest, using the return slip. The period begins with the receipt of the goods. To meet the deadline, timely dispatch of the defect notice is sufficient. If the entrepreneur does not comply with the obligation to report defects, the goods are deemed to be approved regarding the defect.

7. Retention of title

We retain ownership of all goods delivered by us until full payment (for entrepreneurs: until payment of all our claims arising from the business relationship).

8. What warranty rights do I have?

8.1 The statutory warranty applies unless otherwise specified.

8.2 For used goods, the warranty period is one year. This shorter period does not apply to gross negligence by the seller and does not apply to damage resulting from injury to life, body, or health. The liability under the Product Liability Act also remains unaffected.

9. What liability provisions apply?

9.1 We are fully liable for damages resulting from injury to life, body, or health caused by a deliberate or negligent breach of duty and for other damages resulting from a deliberate or grossly negligent breach of duty and fraud. In addition, we are fully liable for damages covered by mandatory legal provisions, such as the Product Liability Act, as well as in the event of guarantees being given.

9.2 For damages not covered by section 9.1 and caused by simple or slight negligence, we are liable if this negligence concerns the violation of contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly trust (so-called cardinal obligations). In this case, our liability is limited to foreseeable, contract-typical damages.

9.3 In the event of slightly negligent breaches of such contractual obligations that are neither covered by section 9.1 nor 9.2 (so-called insignificant contractual obligations), we are liable to consumers – limited to foreseeable, contract-typical damages.

9.4 Further liability is excluded.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

10.3 The contract language is German.