Terms & Conditions
1. Area of application1.1 The terms and conditions of Sense-Organics Sustainalbe GmbH (consecutively "Sense-Organics“) apply to all contracts made by the Sense-Organics to customers, in regards of the presented products in the Sense-Organics Online Store. We formally object to any inclusion of conditions by the customer, unless there has been an explicit agreement on something else.
1.2 Customers in terms of 1.1 are seen as consumers as well as entrepreneurs. Defined as a consumer is a natural person, who concludes a legal transaction for a purpose that is neither commercial nor can be attributed to the person's independent professional occupation. An entrepreneur is every natural or juristic person or a partnership possessing legal personality, acting in the conclusion of a legal transaction that can be attributed to their commercial or independent professional occupation.
2. Contracted partnersThe purchase contract will come into existence with Sense Organics Sustainable GmbH, CEO Ms Kirsten Weihe-Keidel, Gleimstraße 1, 60318 Frankfurt, Commercial Register: Local Court Frankfurt, HRB 98061.
3. Conclusion of the contract3.1 The representation of the products in the Sense-Organics online shop shows no juridical binding offer by Sense Organics, but a request to place an order. With the order, the buyer gives a binding offer of a contract.
3.2 The customer can place an offer written, by fax, by email or make use of the in the Sense-Organics online shop integrated online order form.
3.3 When issuing an offer with the online order form, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart.
3.4 Prior to issuing a binding order, all inputs can be continuously adjusted through the usual keyboard and mouse functions. In addition, prior to sending the binding order, all data are displayed again in a confirmation window and there also be continuously adjusted through the usual keyboard and mouse functions.
3.5 After issuing a binding order, the customer will receive an automated email as an confirmation of receipt for his order by Sense-Organics. This confirmation of receipt also contains the data related to your order as well as the terms and conditions and the cancellation policy in text form. The confirmation of receipt does not constitute a purchase contract. The confirmation of receipt only documents, that Sense-Organics has received the customer´s order.
3.6 Sense-Organics can then accept the customer´s offer by an electronically submitted order confirmation that is sent to the email address provided by the customer. Sense-Organics is entitled to refuse to accept the order.
3.7 The order processing and contact establishment take place regularily by email and automated order processing. The customer has to make sure, that the by him provided email address used for the order processing is correct, so as to emails sent by Sense-Organics can be received. Especially if SPAM-filters are in use, the customer has to ensure, that all emails from Sense-Organics or from third parties assigned with the order processing by Sense-Organics can be received. The acceptance of the offer by Sense Organics takes place immediately after the completion of the order.
3.8 For the conclusion of contract only the english and german language is available.
4. Prices and terms of payment4.1 All prices are final prices, which means they include the value added tax. Only shipping costs will be added, which are displayed for every product individually. You will find more detailed information about shipping costs under point 5 of these terms and conditions. Deliveries to countries outside the EU might be suitable for import duties and taxes, which might be charged upon arrival at the destination of the delivery. All additional charges for customs and clearance have to be made by the buyer, Sense-Organics does not have any influence on these fees. Custom control procedures may vary vividly from country to country, so it might be useful for potential customers to contact their local customs office. Please note, that buying from Sense-Organics, you are considered as an Importer and therfore have to stick to all regulations and laws of the recipient country. In the event of cross-border deliveries there is also the possibility og opening and checking by the competent customs authorities, on which Sense-Organics as well does not have any influence. In case we quote any statements on the website of Sense-Organics on possilby applying customs and taxes, please note, that these are only estimates and we can not guarantee the details.
4.2 The payment will have to be made either as advance payment by advanced bank transfer, by PayPal or by paying with a credit card, unless described otherwise in the product on the screen. Sense-Organics reserves the right to exclude certain payment methods. If advance payment should be chosen, Sense-Organics will send their bank details via the order confirmation. After conclusion of the contract, the invoice amount shall be deemed immediately to occur and has to be transferred to the bank account which details are provided by Sense-Organics.
4.3 The costumer can choose, wether he wants to pay in Euro or British pounds as the prices are displayed in both currencies.
4.5 If the payment should be overdue, Sense-Organics will not send the products to the customer. If within 14 days after reception of the order, no payment is received, Sense Organics considers the order as invalid, withdraws from the contract and declares the goods for sale again. So the reservation period of articles, using prepayment as payment method, is restricted to longest 14 days.
5. Shipping costs5.1 Standard deliveries within Germany only cost 4,95€ / 4,95 £ per order. For standard deliveries outside of Germany, costs apply according to our shipping costs survey/LINK, varying to delivery country and zone.
5.2 Deliveries to another delivery address are handled without additional charge, as long as the different delivery address has been quoted by the customer during the ordering process.
6. Delivery & shipment terms6.1 Deliveries are delivered regularly by means of the shipping method and to the address informed by the buyer. Processing the transaction, the address quoted by the buyer during the ordering process is substantially.
6.2 All deliveries are taken care of by DHL, as a provider. The delivery time within Germany may take up to 8 days. You may find a detailed survey on delivery times outside of Germany in our "delivery costs". Perhaps divergent delivery times for single products will be pointed out by Sense-Organics on the referring product page.
6.3 Inasmuch as a delivery to the purchaser is not possible, the forwarding company assigned returns the goods to Sense-Organics. Please note that in this case, the customer has to cover the costs of the unsuccessful delivery attempt. This is not applicable, if the buyer the Client has temporarily been impeded to receive the offered service, unless when Sense-Organics has notified a reasonable time in advance.
7. Liability for defects7.1 If the object of the sale is deficient, the legal provisions will apply.
7.2 In case of assertion of complaints for defect, trading with entrepreneurs, by derogation from number 7.1, Sense-Organics has the choice of replacing the defective delivery item or to deliver parts for replacement. As long as Sense-Organics fulfils its obligations the remedy the defects, the purchaser does not reserve the right of abatement or the right of rescission. All this only is applicable if a failure of the rectification of defects does not exist. If repair or replacement is not possible, has failed or is denied, the purchaser can demand a price reduction or as for withdrawal from the contract. Sentence 1 is not applicable with sales to consumers.
8. Reservation of title8.1 The delivered goods will remain property of Sense-Organics, until complete payment of the purchase price.
8.2 In case of seizure of objects being under reservation of title, the buyer is obligated to inform Sense-Organics in writing and inform the pledge of the reservation of title. The buyer is not entitled to sell, give away as a present, pledge or assign by way of security any goods that are delivered under reservation of title.
8.3 If delivery is made to business premises operated by the purchaser, the items purchased may be resold as part of the regular operation of the business. In this case, the buyer assigns to Sense-Organics its claims against its customers, to the complete sum of the invoice. If the items are resold on credit, the purchaser will be required to retain ownership of the goods sold to his customer. All rights and duties referring to this reservation of title against his customer, the buyer assigns to Sense-Organics.
9. Privacy9.1 With preparation, end, winding up and back winding up of a bill of sale, data is raised, saved and processed within the limits of the statutory regulations by Sense-Organics.
9.2 Visiting the website of Sense-Organics the momentarily used IPP-address is protocoled, as well as date, time, type of browser and operating system of the computer in use. Drawing of conclusions regarding your personal data is neither possible, nor intended.
9.3 The collection of personal data, that Sense-Organics requests e.g. during ordering process or when sending an email (e.g. name or contact details) are only used for the purposed submitted or for referring correspondence. The data will only be forwarded by Sense-Organics to the forwarding company assigned with your delivery, as long as this is necessary for the delivery process. In order to handle payments, Sense-orgnaics forwards the payment details to the bank engaged with your payment.
9.4 The email addresses of customers will only be used for internal promotion campaigns, but only if customer has agreed explicitly. The customer can withdraw this consent from Sense-Organics at any time.
9.5 Sense-Organics assures, that personalized data will only be handed over to third parties, if Sense-Organics is obliged by law or has received explicit instruction from customer. As far as Sense-Organics takes up services of third for the realisation and winding up of processing processes, the regulations of the federal data protection act are kept.
9.6 Personalized data that has been informed to Sense-Organics through the website, will only be safed as long as needed to fulfill the purposes for which it was supplied confidentially. If retention periods relating to commercial or tax law must be observed, the storage time for particular data may equal up to 10 years.
9.7 If the customer does not agree anymore with the recording of personal data or if the data is not correct anymore, Sense-Organics will arrange to delete, correct or block the data, upon direct instruction within the limits of the statutory provisions and restrictions. On request the customer will receive free of charge information on all of his personal data stored by Sense-Organics. With questions for the collection, processing or use of your personal data, during information, correction, blockage or deletion of data, please contact:
Sense Organics Sustainable GmbH, Gleimstr. 1, 60318 Frankfurt, Deutschland, Telefon: +49 (0) 69 - 95 50 99 96, email@example.com
9.8 As far as Sense-Organics refers from its website offer to the web pages of third or links up, Sense-Organics can take over no guarantee and liability of the completeness or correctness of the content and the data security of the third party. Because Sense-Organics does not have any influence on the observance of data protection-juridical regulations by third, you should check the data protection explanations offered in each case separately.
10. Applicable law10.1 All legal relationships of the parties are subject to the laws of the Federal Republic of Germany except for the laws about the international purchase of movable goods. With consumers closing the contract this selected laws only apply in so far as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away.
10.2 If the purchaser is a business entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for both parties based on this contract, is the official business location of Sense-Organics. The same applies if the buyer has no general place of jurisdiction in Germany or EU, or domicile or the habitual abode is not known when the suit is filed. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
10.3 Contract language is alternatively German or English.
Revocation InstructionIn order to exercise this right you must notify us
Sense Organcis Sustainable GmbH, Gleimstr. 1, 60318 Frankfurt/M, Tel +49 (0) 69 - 955 099 96, Fax +49 (0) 69 - 955 099 43, E-Mail firstname.lastname@example.org
by a prominent statement (mail, fax or email) that you wish to exercise your statutory right to withdraw from your purchase.
You may use the template, but this is not a necessity.
To observe the revocation period, it is sufficient to exercise the right of withdrawal before the end of the period of revocation.
Consequences of WithdrawalIf you withdraw the contract, we will issue a refund for the price you paid for the products (including standard delivery charges) within 14 days of your notice of cancellation. We will inform you by email when we refund you.
All refunds will be made using the same method originally used by you to pay for your purchase. We will only credit the debit or credit card used to make the original purchase. Under no circumstances any fees apply to you.
We have the right to withhold the reimbursement, until we have received the goods or until you have provided objective proof of return shipment, whatever is the earlier.
You have to return or hand over the goods immediately and latest within 14 days of the day, that you have noticed us of your withdrawal. The deadline is met, if you send out the goods before the expiry of that 14 days.
You have to bear the direct costs of returning the products.
You shall only be liable for any diminished value of the goods resulting from unnecessary checking of content, quality or other characteristics of the goods.
Please note that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories) having been worn (other than for simply trying on the product).
This statutory right to withdraw is also set out in your Order Confirmation.
UpdateThe European Commission is offering a platform for online settlement of disputes.
This platform can be found here https://ec.europa.eu/consumers/odr/