Conditions of Use

General Terms and Conditions with Customer Information

1. Scope
2. Conclusion of Contract
3. Prices and Payment Conditions
4. Delivery and Shipping Conditions
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Information on Codes of Conduct to which the Seller has Subjected
12. Information on Online Dispute Resolution

1. Scope

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of "Azafran GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is excluded unless otherwise agreed.

1.2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity.

1.3. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract

2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract details appears. Only after confirming these order and contract details by clicking the button that concludes the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, mail, or telephone.

2.3. The Seller accepts the Customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Requesting payment to the Customer after placing the order
or
- Delivery of the ordered goods

The first alternative that occurs shall determine the time of acceptance.

The period for accepting the offer begins on the day after the Customer sends the offer and ends on the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer. The Customer is then no longer bound by their declaration of intent.

2.4. If the "Paypal Express" payment method is selected, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal Terms of Use apply; these can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without a PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the customer selects the "PayPal" or "PayPal Express" payment method for their purchase, they submit their offer by clicking the button that completes the order process. If the customer also submits the payment order to PayPal by clicking this button, the seller declares, in deviation from the above provisions, acceptance of the customer's offer at the time the payment order is issued.

2.5. If the "Amazon Payments" payment method is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe Terms of Use apply; these can be found at https://payments.amazon.de/help/201751590.
If the customer selects the "Amazon Payments" payment method for their purchase, they submit their offer by clicking the button that completes the order process. If the customer simultaneously submits the payment order to Amazon by clicking this button, the seller declares, in deviation from the above provisions, that they accept the customer's offer at the time the payment order is issued.

2.6. The contract text of the contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy, and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they are a customer.

opened an account.

2.7. All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, where available, and are labeled accordingly.

2.8. The contractual language is German.

2.9. It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to configure the filter functions so that emails relating to this order can be delivered.

3. Prices and Payment Terms

3.1. The prices displayed are final prices unless otherwise agreed.
For goods subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG), VAT is not shown.

If additional shipping costs are incurred, this can be found in the product description.

3.2. If the delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer to the relevant customs or tax authorities or credit institutions.

The customer is advised to inquire about the details with the relevant institutions or authorities before ordering.

3.3. The customer can select the payment methods available in the online shop.

3.4. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5. When paying via PayPal, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6. When paying by invoice, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 10 days of receipt of the invoice.

The seller reserves the right to conduct a credit check and to reject the purchase on account if the credit check is negative. The buyer remains free to use other payment methods.

3.7. When paying via "PayPal Direct Debit," the amount is collected by PayPal from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued and after the expiration of the advance notification period. Advance notification is the seller's notification to the customer that their account will be debited by SEPA direct debit and can be provided, for example, in the form of an invoice or a contract. If the direct debit cannot be honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.

3.8. When paying via "ApplePay" and "GooglePay," payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland (hereinafter "Stripe"). To use this payment method, the customer requires an account activated for participation in "GooglePay" or "ApplePay," which they can use to authenticate themselves during the payment process and confirm the payment instruction to "Stripe." The payment will be processed by "Stripe" immediately after completion of the payment process, and the customer's account will be debited. Further information on the "Stripe" payment method can be found online at https://stripe.com/de.

4. Delivery and Shipping Conditions

4.1. Goods will be delivered to the delivery address provided by the customer. By way of derogation from the above, when paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

4.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or addressee, or other circumstances that make delivery impossible, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, unless the seller has given them reasonable advance notice of the service. Excluded from this provision are the costs of delivery if the customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the seller apply.

4.3. The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as

d the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk generally only occurs upon handover of the goods to the customer or a person authorized to receive them.
Notwithstanding this, the transfer of risk also occurs for consumers as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment with the execution of the shipment itself and the seller has not previously named this person or institution to the customer.

4.4. The contract is concluded subject to the reservation that in the event of improper, delayed, or non-existent delivery to the customer, the seller will not perform the contract, or will perform only partially, or at a later date. This only applies if a congruent hedging transaction exists between the seller and the supplier, the improper, delayed, or non-existent self-delivery is not the seller's responsibility, and cannot be remedied with reasonable effort. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5. If self-collection has been agreed upon, the customer will be informed by the seller that the goods ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or an agreed location after consultation with the seller. In this case, no shipping costs will be incurred.

5. Right of Withdrawal

5.1. If the customer is a consumer, they are generally entitled to a right of withdrawal.

5.2. The seller's cancellation policy applies to the right of withdrawal.

6. Retention of Title

6.1. In contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.

6.3. If the customer acts as a business, they are entitled to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance any claims against third parties arising from the resale in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may collect claims even after the assignment; however, this does not affect the seller's right to collect the claims itself. However, the seller will refrain from collecting the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed against the customer.

7. Liability for Defects

With regard to the warranty, the statutory liability for defects applies unless otherwise agreed.

7.1. If the customer is a businessperson,

the seller has the choice of the type of subsequent performance;
for used goods, rights and claims due to defects are generally excluded;
for new goods, the limitation period for defects is one year from the transfer of risk;
the limitation period does not commence anew even if a replacement delivery has been made within the scope of liability for defects.

7.2. The statutory limitation periods for a businessperson's recourse claim (Section 478 of the German Civil Code)
remain unaffected.

7.3. If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial inspection and notification obligations pursuant to Section 377 of the HGB apply.

7.4. If the customer is a consumer, they are requested to complain to the deliverer about any goods received with obvious transport damage and to inform the seller thereof.
It is expressly clarified that the customer's statutory or contractual claims for defects shall not be affected if the customer fails to comply with this request.

8. Liability

The seller's liability for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The seller is only liable without limitation for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, limb, or health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence.

A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract and whose observance is dependent upon
The contractual partners regularly rely on and may rely on.

The seller is also liable, as provided above, for a guarantee promise, unless otherwise stipulated.

This also applies to indirect consequential damages, such as lost profits, and for mandatory liability, such as under the Product Liability Act.

8.2. Except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, limb, or health, and the breach of essential contractual obligations (cardinal obligations), liability is limited to the damages typically foreseeable at the time of conclusion of the contract and, in all other respects, to the average damages typical for the contract. This also applies to indirect consequential damages, such as lost profits.

8.3. Otherwise, the seller's liability is excluded.

8.4. The above liability provisions also apply mutatis mutandis to the employees and vicarious agents of the seller.

9. Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.

10. Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business.
If the customer is located outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to bring proceedings before the court at the customer's place of business.

11. Information on codes of conduct to which the seller has submitted

The seller has submitted to the Trusted Shops GmbH code of conduct, the criteria for which can be accessed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12. Information on online dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.