Terms and Conditions

Contract Terms for Purchase Agreements through the "GoodMorning.World" Platform between

Marke Mensch Natur GmbH

Business address: Herrenstraße 124 A, 76133 Karlsruhe

Registered in the Commercial Register of the Mannheim District Court under HRB 110840

VAT Identification Number: DE 241350849


Hereinafter referred to as the "Provider" and

the customer referred to in § 2 of the contract

Hereinafter referred to as the "Customer"


These terms apply to agreements made between them.

§ 1 Scope of Application, Definitions
  1. These General Terms and Conditions apply exclusively to the business relationship between the webshop provider (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer") in their version valid at the time of the order. Deviating terms and conditions of the customer will not be accepted, unless the Provider explicitly agrees to their applicability in writing.
  2. The customer is a consumer if the purpose of the ordered deliveries and services cannot primarily be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding the contract.

§ 2 Vertragsschluss
  1. Der Kunde kann aus dem Sortiment des Anbieters Produkte, insbesondere Kleidung, Accessoires, Design oder Kunst auswählen, diese über einen Button „in den Warenkorb legen“ und in einem so genannten Warenkorb sammeln. Über den Button „zahlungspflichtig bestellen“ gibt er einen verbindlichen Antrag zum Kauf der im Warenkorb befindlichen Waren ab. Vor Abschicken der Bestellung kann der Kunde die Daten jederzeit ändern und einsehen. Der Antrag kann jedoch nur abgegeben und übermittelt werden, wenn der Kunde durch Klicken auf den Button „AGB akzeptieren“ diese Vertragsbedingungen akzeptiert und dadurch in seinen Antrag aufgenommen hat.
  2. Der Anbieter schickt daraufhin dem Kunden eine automatische Empfangsbestätigung per E-Mail zu, in welcher die Bestellung des Kunden nochmals aufgeführt wird, und die der Kunde über die Funktion „Drucken“ ausdrucken kann. Die automatische Empfangsbestätigung dokumentiert lediglich, dass die Bestellung des Kunden beim Anbieter eingegangen ist und stellt keine Annahme des Antrags dar. Der Vertrag kommt erst durch die Abgabe der Annahmeerklärung durch den Anbieter zustande, die mit einer gesonderten E-Mail (Auftragsbestätigung) versandt wird. In dieser E-Mail oder in einer separaten E-Mail, jedoch spätestens bei Lieferung der Ware, wird der Vertragstext (bestehend aus Bestellung, AGB und Auftragsbestätigung) dem Kunden von uns auf einem dauerhaften Datenträger (E-Mail oder Papierausdruck) zugesandt (Vertragsbestätigung). Der Vertragstext wird unter Wahrung des Datenschutzes gespeichert.
  3. Der Vertragsschluss erfolgt in deutscher Sprache oder für andere Länder der EU in englisch.

§ 3 Delivery, Availability of Goods
  1. Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no delivery time or a differing delivery time is specified for the respective product in our online shop, the standard delivery time is usually 4 to 7 business days.
  2. If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this in the order confirmation without delay. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
  3. If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this without delay in the order confirmation.
  4. The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany / EU.

§ 4 Retention of Title

Until full payment is received, the delivered goods remain the property of the provider.

§ 5 Prices and Shipping Costs
  1. All prices listed on the provider's website include the applicable statutory value-added tax.
  2. The corresponding shipping costs will be specified in the order form and are to be borne by the customer.
  3. The delivery of goods will be made via postal shipping. The shipping risk is borne by the provider if the customer is a consumer.
  4. In the case of a withdrawal, the customer must bear the direct costs of the return shipment.

§ 6 Payment Methods
  1. The customer can make the payment via credit card, on account, instant bank transfer, Apple Pay, Google Pay, EPS transfer (Austria), Bancontact, or IDEAL. Payment on account is processed through the Klarna service.
  2. The customer can change the payment method stored in their user account at any time.
  3. The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for the payment is specified by calendar date, the customer is already in default by missing the deadline. In this case, the customer must pay the provider default interest of 5 percentage points above the base interest rate for the year.
  4. The customer’s obligation to pay default interest does not exclude the provider from claiming further damages for the delay.

§ 7 Warranty for Defects, Guarantee
  1. The provider is liable for defects in the goods in accordance with the applicable legal provisions, particularly §§ 434 et seq. of the German Civil Code (BGB). For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
  2. An additional guarantee for the goods supplied by the provider exists only if explicitly stated in the order confirmation for the respective item.

§ 8 Liability
  1. Claims for damages by the customer are excluded. Exceptions to this include claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal duties), as well as liability for other damages caused by the intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  2. In the case of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage caused by simple negligence, unless the claim arises from injury to life, body, or health.
  3. The limitations in paragraphs 1 and 2 also apply to the provider's legal representatives and vicarious agents if claims are made directly against them.
  4. The liability limitations in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the goods. The same applies if the provider and the customer have agreed on the condition of the goods. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of Withdrawal Notice
  1. Consumers generally have a statutory right of withdrawal when concluding a distance contract, which the provider informs about in accordance with the legal template below. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3), a sample withdrawal form is provided.

Right of Withdrawal

You have the right to withdraw from your purchase with GoodMorning.World, based on this contract, within fourteen days without providing any reason. The withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, takes possession of the goods.

 

To exercise your right of withdrawal, you must inform us, "Marke Mensch Natur GmbH", with an unequivocal statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from your purchase based on this contract. You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
  1. If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (excluding the additional costs arising from your choice of a delivery method other than the standard delivery offered by us), immediately and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise; in no case will you incur any fees for this refund.
  2. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
  3. You must return the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
  4. You will bear the direct costs of returning the goods.
  5. You are only required to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary to examine the nature, characteristics, and functioning of the goods.
  6. The right of withdrawal does not apply to contracts for the delivery of sealed audio or video recordings or computer software if the seal has been removed after delivery, or for custom-made products, such as those with a design we are specifically asked to add to the product for you.
  7. The provider provides information on the sample withdrawal form as follows, in accordance with the legal requirements:

Sample Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it back.

 

— To [here, the name, address, and, if applicable, the fax number and email address of the business must be added by the provider]:

 

— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

 

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if notified on paper)

— Date

 

(*) Delete as appropriate

§ 10 Final Provisions
  1. Contracts between the provider and the customers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions concerning the limitation of the choice of law and the applicability of mandatory provisions, particularly those of the country in which the customer, as a consumer, has their usual place of residence, remain unaffected.
  2. If the customer is a merchant, a legal entity under public law, or a public law special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's place of business.
  3. The contract remains binding even if individual provisions are legally ineffective. In place of the ineffective provisions, the applicable statutory regulations will apply, where available. However, if this would result in an unreasonable hardship for one party, the contract as a whole will become ineffective.