General Terms and Conditions
1. validity
The following General Terms and Conditions ("GTC" for short) apply to all purchase contracts between Aloe Vera Produkthandel and a consumer or entrepreneur ("contractual partner" for short) in the version valid at the time of the order.
2 Conclusion of a contract, storage of the contract text
2.1 The following provisions on the conclusion of a contract apply to orders placed via our webshop on the website http://www.aloe-mallorca.com.
2.2 In the event of the conclusion of the contract, the contract is concluded with
Aloe Vera Farm Mallorca S.L.
Calle Aragón 28-1°
07006 Palma de Mallorca
Spain
is concluded.
2.3 The presentation of the goods in our webshop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.
2.4 The contractual partner submits a binding contractual offer by successfully completing the order procedure provided in our webshop.
The order is placed in the following steps:
1. click on "Shop" on the start page
2. select the desired products
3. select the product by clicking on "Add to basket"
4. check your shopping basket
5. click on the "Proceed to checkout" button
6. enter addresses and payment information
7. check or correct the data entered once again
8. binding dispatch of the order by clicking on the "Order" button
Before the binding submission of the order, the contractual partner can return to the website on which the contractual partner's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "back button" contained in the Internet browser used by him after checking his details.
We confirm receipt of the order immediately by means of an automatically generated e-mail ("confirmation of receipt").
2.5 After receipt of the order, we will send you the order data and our GTC by e-mail. You can also view the GTC at any time at http://www.aloe-mallorca.com/AGB. For security reasons, your order details are no longer accessible via the Internet, but are stored electronically by us.
2.6 The purchase contract is concluded with the transmission of an order confirmation, but at the latest with the dispatch of the ordered goods.
3 Prices, shipping costs, payment
3.1 The prices quoted for the products are in EURO and include statutory VAT and other price components. Shipping and packaging costs as well as customs or other import duties may be added. Shipping and packaging costs are exclusive of statutory VAT.
3.2 The contractual partner has the option of paying by bank transfer in advance, PayPal and credit card.
4 Delivery
4.1 The delivery of the ordered goods is regularly carried out by dispatch. The costs for dispatch including packaging shall be borne by the contractual partner. From a value of goods of 50 € we deliver free of shipping costs throughout Europe.
4.2 Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. If the goods are in stock, delivery within Germany usually takes 4 - 6 working days, but in any case as quickly as possible.
Unfortunately, we have no influence on the delivery time.
Deliveries within Europe or worldwide can take between 10 and 20 days. There is no delivery on Sundays and public holidays.
The delivery period begins on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.
4.3 Delivery may be delayed for goods that are to be customised. The contractual partner shall be informed of the planned delivery.
4.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the contractual partner until the goods are handed over to the contractual partner, even in the case of sale by despatch. If the contractual partner is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item in the case of sale by despatch shall pass to the contractual partner upon notification of readiness for despatch and delivery.
4.5 If a parcel is obviously damaged upon delivery, the contractual partner must insist that this circumstance is recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or e-mail) of any damage to a product within three days.
5 Retention of title
We reserve title to the goods until the purchase price has been paid in full.
6. sale of alcoholic beverages
We do not sell alcoholic beverages to persons who have not yet reached the age of 18.
7. right of cancellation of the consumer
If the contractual partner is a consumer, he is entitled to a right of cancellation.
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform Aloe Vera Farm Mallorca S.L., Calle Aragßon 28-1°, 07006 Palma de Mallorca by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
In the event of cancellation, the customer must bear the costs for the return transport.
End of the cancellation policy
8. exclusion of the right of cancellation
There is no right of cancellation for
1. goods or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period
cancellation period,
2. goods that are manufactured according to customer specifications or are clearly customised to personal requirements,
3. goods that can spoil quickly or whose expiry date would be quickly exceeded,
4. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
5. goods which, due to their nature, have been inseparably mixed with other goods after delivery,
6. alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
9 Warranty and compensation
9.1 Warranty claims are excluded unless otherwise stipulated in mandatory consumer protection regulations.
9.2 We assume no liability for damages, in particular not for indirect damages or loss of profit, nor for warranty or product liability, unless otherwise provided for by mandatory consumer protection provisions.
9.3 If we are liable for damages in accordance with statutory provisions, our liability is limited to intent and gross negligence. The amount of our liability is limited to the actual contractual remuneration. Any further liability is excluded, unless consumer protection regulations provide otherwise.
9.4 We assume no liability for the timeliness, accuracy, completeness and content of the information provided.
9.5 The photographs contained in the product description are only examples. Due to the uniqueness of the products or the materials used, there may be a difference in colour or a slight difference in size between the actual product and its image on the Internet, but this does not entitle the contractual partner to make a complaint.
9.6 We accept no liability for late delivery resulting from circumstances beyond our control (e.g. later production by the designer in the case of individual items).
9.7 We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance on the part of the contractual partner does not entitle him to lodge a complaint.
10 Offsetting, retention
The offsetting of the contractual partner's claims against our claims and any right of retention are excluded, unless otherwise stipulated by mandatory consumer protection regulations.
11 Applicable law, place of jurisdiction, place of fulfilment, written form
11.1 The law of Spain shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 14 (12) TDSG remains unaffected.
11.2 In the event of disputes, the place of jurisdiction is the competent court at the registered office of Aloe Vera Varm Mallorca S.L..
11.3 The place of fulfilment is the registered office of Aloe Vera Farm Mallorca S.L.
11.4 Amendments and additions to this contract must be made in writing; this also applies to collateral agreements and subsequent amendments to the contract, as well as the waiver of the written form requirement.
12 Contract language
12.1 The contract language is exclusively Spanish and German.
13. final provisions, dispute resolution
13.1 We are obliged to inform you that a corresponding online platform is provided by the European Commission with regard to the so-called online dispute resolution. You can access this platform at the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to provide you with our e-mail address. This is: melanie@aloe-mallorca.com
13.2 We always endeavour to resolve any disagreements with the customer with regard to existing contracts by mutual agreement. However, we would like to point out that we are not obliged to participate in any consumer arbitration proceedings (in accordance with the VSBG) and unfortunately do not offer our customers the opportunity to participate in such proceedings.
13.3 Should a provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible in economic and legal terms to the provision to be replaced.
Status June 2024