General Terms and Conditions (GTC) and Consumer Information
version as of 27 August 2022
1. Definitions
These General Terms and Conditions of Business are based on § 305 Integration of General Terms and Conditions of Business into Contracts of the German Civil Code (Bürgerliches Gesetzbuch - BGB), which also serves to implement Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and was published in the Official Journal of the European Union (OJ EC No. L 95 p. 29). General terms and conditions are all pre-formulated contractual terms and conditions for a variety of contracts which one contracting party (user) imposes on the other contracting party when concluding a contract. It is irrelevant whether the provisions form an externally separate part of the contract or are included in the contract document itself, what their scope is, what font they are written in and what form the contract takes.
General terms and conditions do not exist insofar as the terms of the contract are negotiated in detail between the parties. In these general terms and conditions, the following definitions, among others, are used: User, Conclusion of Contract, Conclusion of Contract. Under these links you will find more detailed information on how the definitions are to be understood in the sense of Directive 93/13/EEC and the German Civil Code (BGB) according to §§ 305 to 310 BGB: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A31993L0013 and https://www.gesetze-im-internet.de/bgb/BJNR001950896.html#BJNR001950896BJNG023401377
2. User
Sabine PlewniaZechenwihlstraße 15
79730 MURG
GERMANY
registered according to the turnover German tax law under USt-IDNR: DE211493508, Hereinafter referred to as: "Sabine Plewnia" is the operator of the shopping platforms on the website www.plewnia-naturprodukte.de, www.goloy.shop and www.aion-a-heilgestein.de. Hereinafter referred to as "onlineshop" genannt.
3. Scope
3.1 These General Terms and Conditions, hereinafter referred to as GTC, govern the contractual relationship between Sabine Plewnia and her customers, hereinafter referred to as Customer.
3.2 These terms and conditions apply to mail order sales - not to stationary sales on site.
3.3 Customers within the meaning of Section 3.1 are both consumers and entrepreneurs, whereby a consumer pursuant to § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for a purpose which can be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur pursuant to § 14 - BGB is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
3.4 Only the German version of these GTC and of the contract concluded with the customer, if any, shall be binding vis-à-vis the customer. Translations into other languages serve exclusively to improve comprehensibility and facilitate the customer's work ("reading version"). This also applies to any landing pages provided by Sabine Plewnia on the Internet in languages other than German.
3.5 For companies in particular, numbers are marked in a catchy way: E.g. "For entrepreneurs, the following applies in addition:".
3.6 For entrepreneurs, the following applies in addition: These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
4. Offers and conclusion of contracts
The purchase contract is concluded with Sabine Plewnia.
4.1 Offer and conclusion of contract in the online shop
4.1.1 All offers made by us are subject to change and non-binding. The goods contained in our online shop, on the Internet, in brochures, in flyers or similar media are merely invitations to make an offer to the contractual partner.
4.1.2 The consumer or entrepreneur only makes such an offer for the products contained in the "shopping basket" after selecting the payment method, confirming these GTC and clicking the "order button" on the order page. Until this button is clicked, the customer can initially place the products in the shopping basket without obligation and change the data provided at any time by using the correction aids provided and explained for this purpose in the order process. Sending the order is considered a binding offer by the customer to Sabine Plewnia to conclude a contract.
4.1.3 By confirming the GTC, the customer accepts the GTC in the version applicable at the time of submission of the offer within the meaning of Section 3.3.
4.1.4 After submitting the offer, the customer receives an automated order confirmation by e-mail, which does not yet constitute acceptance of the contract and merely documents the receipt of the offer listed. The acceptance of the order and the associated conclusion of the contract shall only take place by means of an order confirmation or by means of a shipping confirmation. The order confirmation or shipping confirmation contains a unique and individual invoice number.
4.1.5 Before sending the order confirmation, Sabine Plewnia checks the order and the availability of the ordered products.
4.1.6 All payments already made by the customer prior to the dispatch of the order confirmation shall be made subject to reservation. If the purchase contract is not concluded, payments already made by consumers or entrepreneurs will be refunded, but without any interest.
4.1.7 We do not offer products for purchase by minors. Any seasonal products for children can also only be purchased by adults.
4.2. Offer and conclusion of contract on Amazon Marketplace
4.2.1 The customer has the option of completing the ordering process via the shopping cart system or the 1-Click-Function®.
4.2.2 The customer can initially place items in the shopping cart without obligation and correct the entries at any time before submitting a binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, the customer places a binding order for the goods contained in the shopping cart.
4.2.3 When ordering via the 1-Click function®, the customer places his order without detouring via the shopping cart. By pressing the button "Buy now with 1-Click®", an order is automatically created, which is sent to the delivery address deposited by the customer and for which payment is made with the specified payment method.
4.2.4 The customer can check and change his 1-Click® settings at www.amazon.de/gp/css/account/address/view.html. The customer has the possibility to change or cancel 1-Click® orders within 30 minutes.
4.2.5 After submitting the offer, the customer receives an automated order confirmation by e-mail, which does not yet constitute acceptance of the contract and merely documents the receipt of the offer listed. The acceptance of the order and the associated conclusion of the contract shall only take place by means of an order confirmation or by means of a shipping confirmation. The order confirmation or shipping confirmation contains a unique and individual invoice number.
4.2.6 Sabine Plewnia saves the text of the contract, but this data is not accessible to the customer. However, the customer has the possibility to view his last orders via his Amazon customer account. The complete contract text is not accessible there.
4.2.7 The customer can pay the invoice amount by credit card or direct debit. The payment processing is carried out by Amazon. The account will only be debited after the goods have been dispatched. Amazon forwards the payment to Sabine Plewnia without Sabine Plewnia receiving the customer's payment details. You can find more information on the Amazon.de Marketplace help pages: www.amazon.de/gp/help/customer/display?nodeId=201889310
4.3 Offer and conclusion of contract by e-mail, other electronic media, postal submission
4.3.1 A customer may also submit a binding offer to conclude a purchase contract by fax or telefax or by post.
4.3.2 After submitting the offer, the customer may receive an e-mail, which does not yet constitute acceptance of the contract and merely documents the receipt of the offer listed. The acceptance of the order and the associated conclusion of the contract shall only take place by means of an order confirmation or by means of a dispatch confirmation. The order confirmation or shipping confirmation contains a unique and individual invoice number.
4.3.3 For the rest, the provisions in Sections 4 and 4.1 apply with regard to the conclusion of the contract.
4.4. Offer and conclusion of contract by telephone
4.4.1 The customer may also make a binding offer to conclude the purchase contract by telephone.
4.4.2 After submitting the offer, the customer may receive an e-mail, which does not yet constitute acceptance of the contract and merely documents the receipt of the offer listed. The acceptance of the order and the associated conclusion of the contract shall only take place by means of an order confirmation or by means of a dispatch confirmation. The order confirmation or shipping confirmation contains a unique and individual invoice number.
4.4.3 For the rest, the provisions in Sections 4 and 4.1 apply with regard to the conclusion of the contract.
5. Prices and shipping costs
5.1 The prices are shown in euros, including the statutory value-added tax, without cash discount and other discounts. The respective prices at the time of the order apply.
5.2 In addition to the value of the goods, the shipping costs shown at the conclusion of the order must be paid. These can be taken from our shipping costs table, which can be found in the "Shipping" section or alternatively on the respective product detail page. The shipping costs depend on the type and number of items ordered as well as the place of delivery. The shipping costs are waived for self-collection.
5.3 Other price components, such as further taxes, customs duties or other charges, may apply to cross-border deliveries. You can also find further information on this under European Commission › Taxation and Customs Union. (https://taxation-customs.ec.europa.eu/index_en)
6. Payment
Orders via our mail-order business are generally possible by prepayment; furthermore, only registered customers have the option of paying the invoice amount by invoice from the second order onwards.
6.1 If the customer pays in advance, Sabine Plewnia will provide the customer with the bank details in a separate e-mail and will deliver the goods after receipt of payment.
The bank details are:
Sparkasse HochrheinKontoinhaber: Sabine Plewnia
Konto-Nr. IBAN:DE06684522900077036499
BIC: SKHRDE6WXXX
6.2 If the customer pays by invoice, the invoice shall always contain a due date of 10 days. The customer shall pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account.
7. Default of payment
7.1 In the event of a delay in payment, Sabine Plewnia shall be entitled pursuant to § 288 BGB (German Civil Code) to demand interest on arrears in the amount of 5% of the invoice amount.
7.2 Sabine Plewnia reserves the right to remind the customer in advance. The reminder fee shall be 10 EURO. Unless a lower or higher damage is proven in individual cases.
7.3. Should new orders be received in the course of the delay in payment, Sabine Plewnia shall be entitled to reject them without giving reasons.
7.4. Complaints about goods do not entitle consumers and entrepreneurs to withhold payment. In such cases, we ask our customers to contact us immediately by telephone.
Sabine Plewnia, phone: +49 7763 70438178. Default of acceptance
If the customer refuses to accept the goods after the expiry of a reasonable grace period set for him or declares in advance that he does not wish to accept them, Sabine Plewnia may assert the statutory claims provided for this purpose.
9. Retention of title
9.1 The delivered goods (reserved goods) shall remain the property of the seller Sabine Plewnia until full payment of all claims arising from this contract.
9.2 For entrepreneurs, the following applies in addition:
The delivered goods (reserved goods) shall remain the property of the seller Sabine Plewnia until full payment of all claims arising from this contract.
The buyer undertakes, as long as ownership has not yet passed to him, to treat the goods subject to retention of title with care and to insure them adequately at replacement value against fire, water and theft damage at his own expense.
If the goods subject to retention of title are seized or if they are exposed to other interventions by third parties, the buyer is obliged, as long as ownership has not yet passed to him, to inform the third party of the seller's ownership rights and to notify the seller immediately in writing so that the seller can enforce his ownership rights. The buyer shall be liable for any judicial or extrajudicial costs incurred in this connection vis-à-vis the seller, unless the third party is able to reimburse these costs to the seller.
10. Transfer of rights of use
As a general importer for natural, exclusive natural products from Switzerland for the EU region; for the specialised trade, therapy and end customers, image materials and PDF files, which can be found on our websites, in online shop catalogues, in the download area or are sent in e-mail correspondence, are intended exclusively for private use.
If you are interested in transferring the rights of use to image materials, advertising materials or PDF files, please contact us.
Sabine Plewniaphone: +49 7763 7043817
e-mail: info@plewnia-naturprodukte.de
Please use Emma Kunz works in particular only with the copyright symbol "© Emma Kunz Stiftung".
Please note for Goloy in particular, public or commercial use is "strictly" prohibited without prior written consent from Goloy.
11. Delivery, delivery restriction
According to the German Civil Code (BGB) § 312j Special Obligations in Electronic Commerce towards Consumers, Sabine Plewnia is obliged to clearly state at the latest at the beginning of the ordering process whether there are any delivery restrictions and which means of payment (see above paragraph Payment) are accepted. (https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p1135)
11.1 The product offers in the online shop are only valid as long as they are published on the website and are in stock.
11.2 If the goods ordered by the customer are not available at Sabine Plewnia because Sabine Plewnia has not been supplied by its reliable suppliers through no fault of its own despite agreement and order of a congruent order, Sabine Plewnia will inform the customer of this immediately. Sabine Plewnia shall thereby be released from its obligation to perform and may withdraw from the contract. If the customer has already made payments, these will be refunded immediately.
11.4 Insofar as no other period is specified in the respective offer, the delivery of the goods shall take place within 4 days in Germany, in the case of deliveries abroad within 6 days after conclusion of the contract; in the case of agreed advance payment after the time of your payment instruction.
11.5 There is no delivery on Sundays and public holidays.
11.6 If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
11.7 Sabine Plewnia does not deliver to packing stations.
11.8 You have the option of self-collection at:
Sabine PlewniaZechenwihlstraße 15
79730 MURG
District: Niederhof
GERMANY
by appointment during office hours:
Monday to Friday, 9 a.m. to 5 p.m.
in principle, please make an appointment by telephone:
phone: +49 7763 7043817
12. Warranty
12.1 Sabine Plewnia undertakes to deliver goods in conformity with the contract in accordance with Regulation (EC) No. 1223/2009, as well as BGBl. I p.1054.
12.2 In all other respects, the statutory warranty provisions shall apply.
13. Liability
Compensation for damages due to breach of an obligation arising from the contractual relationship shall be paid under the statutory conditions. The same applies to claims for damages based on the Product Liability Act.
14. Notes on data processing
Sabine Plewnia collects data from customers in the context of the processing of contracts.
In doing so, Sabine Plewnia complies in particular with the provisions of the German Federal Data Protection Act - BDSG, the German Telecommunications Data Protection Act - TTDSG and the General Data Protection Regulation of the European Parliament and of the Council - DSGVO.
For detailed information on the subject of data protection, please refer to our data protection information in the section
/en/privacy-notice/ (https://www.plewnia-naturprodukte.de/en/privacy-notice/, https://www.goloy.shop/en/privacy-notice/, https://www.aion-a-heilgestein.de/en/privacy-notice/)
15. Place of jurisdiction
15.1 If you are a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
15.2 The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany or if, after conclusion of the contract, his place of residence or habitual abode is unknown at the time the action is brought.
16. Applicable law
Sind Sie Unternehmer, dann gilt deutsches Recht unter Ausschluss des UN-Kaufrechts.
17. Information on online dispute resolution
The EU Commission provides an internet platform for the online resolution of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: ec.europa.eu/consumers/odr
We do not participate in a dispute resolution procedure before a consumer arbitration board.
However, the Act on Alternative Dispute Resolution in Consumer Matters requires that we nevertheless refer you to a consumer arbitration board that is responsible for you (from 1.1.2020 under the name: Universalschlichtungsstelle):
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
(from 1.1.2020 under the address)
Universalschlichtungsstelle des Bundes
Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Internet: www.verbraucher-schlichter.de
18. General Terms and Conditions otherwise
18.1 The current general terms and conditions can be found on our websites in the section /en/terms-conditions/ (https://www.plewnia-naturprodukte.de/en/terms-conditions/, https://www.goloy.shop/en/terms-conditions/, https://www.aion-a-heilgestein.de/en/terms-conditions/)
18.2 General Terms and Conditions Status: 27 August 2022