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Terms and conditions of use

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 https://aloe-mallorca.com/en/.

2.2. If the contract is concluded, 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 homepage
2. Select the desired products
3. Select the product by clicking on "Add to shopping cart"
4. Check shopping cart
5. Click on the "Proceed to checkout" button
6. Enter addresses and payment information
7. Re-check or correct the data entered
8. Binding submission 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 an automatically generated e-mail ("confirmation of receipt").

2.5. After receipt of the order, we will send you the order data and our General Terms and Conditions 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. Any shipping and packaging costs as well as customs or other import duties are added. Shipping and packaging costs are subject to 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 carried out regularly by mail order. The costs for shipping including packaging shall be borne by the contractual partner. From a value of goods of 50 € we deliver free of shipping costs within the EU.

4.2. Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. If the goods are in stock, they will normally be delivered within the specified delivery time, but in any case as quickly as possible. The logistics company is solely responsible for delays on the shipping route.

Unfortunately, we have no influence on the delivery time.

Deliveries within Europe or worldwide can take between 10 and 40 days. Deliveries are not made 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 ends on the next working day.

4.3. Delivery may be delayed for goods that are to be manufactured. 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 dispatch. 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 delivery to a place other than the place of performance shall pass to the contractual partner upon notification of readiness for shipment 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 retain title to the goods until the purchase price has been paid in full.

6.Sale of alcoholic beverages
No alcoholic beverages are sold to persons who have not yet reached the age of 18.

7.Right of withdrawal of the consumer
If the contractual partner is a consumer, he has a right of withdrawal.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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 withdrawal, you must inform Aloe Vera Farm Mallorca S.L., Calle Aragßon 28-1°, 07006 Palma de Mallorca of your decision to withdraw from this contract by an unequivocal statement (z.B. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will 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 refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
In the event of a revocation, the customer must bear the costs for the return transport.
End of the revocation instruction

8.Exclusion of the right of withdrawal
There is no right of withdrawal 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
withdrawal period,

2. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,

3. Goods that can spoil quickly or whose expiration 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 whose price was agreed when the contract was concluded, 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 by mandatory consumer protection regulations.

9.2. We accept 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 regulations.

9.3. Insofar as 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 accept no liability for the topicality, 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 due to the materials used, there may be a color deviation 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 due to circumstances beyond our control (z.B. 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 of the contractual partner does not entitle him to lodge a complaint.

10.Offsetting, retention
Any 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 performance, 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 shall be the competent court at the registered office of Aloe Vera Varm Mallorca S.L..

11.3. The place of performance 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 ancillary 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 the European Commission provides a corresponding online platform for 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 endeavor 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.

As of June 2024