Terms and Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Alin Ghiorghiu, trading as MyHerbal.ch (hereinafter “Seller”), apply to all contracts for the supply of goods that a consumer or business customer (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise provided in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 A business customer 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.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by e-mail or via the online contact form.

2.3 The Seller may 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), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted their order.

Where several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. 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 is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by 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, which can be viewed 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 for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract 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 does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting the order via the Seller's online order form in a binding manner, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges what is shown on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 If the payment method credit card or Twint is selected, payment is processed by the payment service provider Payrexx.

2.9 A minimum order value of CHF 15.00 applies to orders placed through the Seller's online shop. The decisive figure is the value of the goods after deduction of any discounts and vouchers, excluding shipping costs. If the shopping basket does not reach this amount, the Customer cannot place a binding order; the minimum order value is shown to the Customer in the shopping basket and during the ordering process before the order is sent. If the Customer exercises their right of withdrawal or return for part of the order and the remaining value of the goods thereby falls below the minimum order value, the Customer incurs no additional costs as a result.

3) Right of withdrawal

3.1 The Seller voluntarily grants consumers a contractual right of withdrawal and return of 30 days. There is no statutory right of withdrawal for distance contracts in Switzerland.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. Value added tax is not shown separately, as the Seller is a small business within the meaning of the German VAT Act (UStG).

4.2 For deliveries to countries outside the European Union, further costs may arise 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 in connection with the transfer of money may also arise 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 shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area stated by the Seller to the delivery address stated by the Customer, unless otherwise agreed. When processing the transaction, the delivery address stated in the Seller's order processing is decisive.

5.2 If 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 to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. With regard to the return costs, where the Customer effectively exercises the right of withdrawal, the provision made in this respect in the Seller's withdrawal policy applies.

5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes, as a rule, only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer in the case of consumers as well as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to himself. This applies only in the event that the failure to deliver is not the Seller's responsibility and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partly available, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

– by e-mail

6) Retention of title

6.1 Vis-à-vis consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 Vis-à-vis business customers, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as a business customer, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns in advance to the Seller all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller's authority to collect the claims himself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations towards the Seller, is not in default of payment and no application has been made for the opening of insolvency proceedings.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the rules of statutory liability for defects apply. By way of derogation from this, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a business customer,

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, rights and claims for defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made in the context of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

• to claims by the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for business customers the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine the goods and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer under all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal ground

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability of the Seller is excluded.

8.4 The above provisions on liability also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller in the context of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can be redeemed only in the Seller's online shop and only within the stated period.

9.2 Promotional vouchers can be redeemed only by consumers.

9.3 Individual products may be excluded from the voucher campaign, where a corresponding restriction follows from the content of the promotional voucher.

9.4 Promotional vouchers can be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 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.

9.7 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 chosen to settle the difference.

9.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher under the contractual right of withdrawal.

9.10 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is unaware through gross negligence, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter “gift vouchers”) can be redeemed only in the Seller's online shop, unless the voucher provides otherwise.

10.2 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 expiry date.

10.3 Gift vouchers can be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can be used only for the purchase of goods and not for the purchase of further gift vouchers.

10.6 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 chosen to settle the difference.

10.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is unaware through gross negligence, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

11) Applicable law

All legal relations between the parties are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only 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.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=de

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.