General Terms and Conditions

for the online shop at https://www.shabanu-heilt.de/en/shop-2/

§ 1 Scope of Application

These General Terms and Conditions apply to all orders placed via our website by consumers within the meaning of Section 13 of the German Civil Code (BGB).

§ 2 Contractual Partner

The purchase contract is concluded with:

Negra International Trade GmbH
Seboldstraße 1
76227 Karlsruhe
Germany

Phone: +49-721-4009561
E-mail: info@shabanu-heilt.de
VAT ID pursuant to § 27a of the German VAT Act: DE234137819

§ 3 Subject Matter of the Contract

The subject of the contract is the sale of the product offered on our website. The essential characteristics of the product can be found in the respective product description.

§ 4 Conclusion of Contract

The presentation of the product on our website does not constitute a legally binding offer, but a non-binding product description.
By clicking the “Buy Now” button, you submit a binding offer to conclude a purchase contract. The contract is concluded upon our confirmation of the transaction via PayPal.

§ 5 Prices and Shipping Costs

All prices are total prices and include the applicable statutory VAT.
Shipping costs are stated separately and must be borne by the purchaser unless otherwise stated.

§ 6 Delivery

Delivery is made exclusively to shipping addresses within the European Union and Switzerland.
Delivery to other countries is excluded.

§ 7 Payment

Payment is made exclusively via PayPal.
After selecting PayPal as your payment method, you will be redirected to PayPal to complete the transaction. Payment is made directly through your PayPal account or optionally via credit card or direct debit through PayPal.

§ 8 Right of Withdrawal

Consumers have a statutory right of withdrawal.
Details can be found in our \[Cancellation Policy].

§ 9 Retention of Title

The goods remain our property until full payment has been received.

§ 10 Warranty (Liability for Defects)

Statutory warranty rights apply.

Notwithstanding the above, for contracts involving the delivery of goods, the following applies:

The aforementioned limitations of liability and any reductions in warranty periods do not apply:

  • to claims for damages and reimbursement of expenses by the customer,
  • in cases of fraudulent concealment of a defect,
  •  for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness.

§ 11 Liability

The provider shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

1. Unlimited liability:
The provider is fully liable

  •  in cases of intent or gross negligence,
  •  in cases of injury to life, body, or health,
  • under a guarantee, unless otherwise specified,
  • or in cases of mandatory statutory liability, such as under the Product Liability Act.

2. Limited liability in case of slight negligence:
In the event of slight negligence, the provider shall only be liable for the breach of essential contractual obligations.
In such cases, liability is limited to the foreseeable, contract-typical damage.
Essential contractual obligations are those obligations that the contract imposes on the provider in accordance with its content to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract and on which the customer may regularly rely.

3. Exclusion of liability:
Any further liability of the provider is excluded.

4. Vicarious agents and legal representatives:
The above liability provisions also apply to the benefit of the provider’s legal representatives and vicarious agents.

5. Indemnification by the customer:
The customer shall indemnify the provider against all claims of third parties – including statutory legal defense costs – that are asserted against the provider due to unlawful or contract-breaching actions by the customer.

§ 12 Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, provided no exclusive place of jurisdiction has been established. The same applies if the customer has no place of residence within the European Union. The provider’s place of business is indicated in the header of these terms.

Should any provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.