Terms of service

1) Scope of application

1.1 These General Terms and Conditions (GTC) of MoringaGarden B.V. (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller via the online shop. Deviating terms and conditions of the Customer shall not be recognized unless expressly agreed otherwise.

1.2 These GTC shall apply accordingly to contracts for physical data carriers that contain exclusively digital content.

1.3 These GTC shall apply accordingly to contracts for vouchers.

1.4 A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.5 An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a contract, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop do not constitute binding offers.

2.2 The Customer submits a binding offer by completing the online ordering process and finalizing the order. Alternatively, the offer may also be submitted by email or by post.

2.3 The Seller may accept the Customer’s offer within five days
– by sending an order confirmation
– by delivering the goods
– or by requesting payment.
The contract is concluded upon the first of these actions.

2.4 The contract text is stored and transmitted to the Customer by email.

2.5 Input errors can be corrected before the order is submitted.

2.6 The contract language is German.

2.7 Communication generally takes place by email. The Customer must ensure that the email address provided is correct.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Details are set out in the withdrawal policy.

3.3 There is no right of withdrawal for consumers outside the European Union.

4) Prices and payment terms

4.1 The prices stated are final prices including statutory value-added tax. Shipping costs are shown separately.

4.2 For deliveries outside the EU, additional costs may arise (e.g. customs duties, transfer fees).

4.3 The available payment methods are displayed in the shop.

4.4 In the case of advance payment, payment is due immediately.

5) Delivery and shipping conditions

5.1 Delivery is made to the address specified by the Customer.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the costs.

5.3 Entrepreneurs bear the shipping risk from the time the goods are handed over to the shipping service provider.

5.4 In the event of non-availability of the goods, the Customer will be informed and any payments already made will be refunded.

5.5 Collection of goods is possible if offered.

5.6 Vouchers are delivered by email or by post.

6) Retention of title

The goods remain the property of the Seller until full payment has been made.

7) Liability for defects (warranty)

7.1 Shortened warranty periods apply to entrepreneurs.

7.2 The limitations of liability do not apply in cases of intent, guarantee, or injury to life, body, or health.

7.3 Statutory rights of recourse remain unaffected.

7.4 Consumers are requested to report transport damage directly to the carrier.

8) Liability

8.1 The Seller is fully liable in cases of intent, gross negligence, guarantees, and breaches of obligations relating to life, body, or health.

8.2 In the event of negligent breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract.

8.3 Otherwise, liability is excluded.

8.4 Liability also applies to vicarious agents.

9) Redemption of promotional vouchers

9.1 Promotional vouchers are valid only for the specified period.

9.2 They are non-transferable and cannot be redeemed for cash.

9.3 Only one promotional voucher may be redeemed per order.

10) Redemption of gift vouchers

10.1 Gift vouchers are valid until the end of the third year following the year of purchase.

10.2 Only one gift voucher may be redeemed per order.

10.3 Cash payment is excluded.

11) Alternative dispute resolution

11.1 The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

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