General Terms and Conditions and Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Code of Conduct
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Warnke Vitalstoffe GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter referred to as the "Customer") and the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity. A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon 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 shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted the order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The contract may be concluded in German or English.

2.8 Order processing and communication generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal (see: Right of Withdrawal).

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy (see: Right of Withdrawal).

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) available to the Customer are specified in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If the payment method "SOFORT" is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account that has been activated for participation in "SOFORT", authenticate themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method is available online at https://www.klarna.com/sofort/.

4.6 If payment by invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer payment by invoice only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when payment by invoice is selected and to refuse this payment method in the event of a negative credit check.

4.7 If the SEPA direct debit payment method is selected, the invoice amount becomes due after a SEPA direct debit mandate has been issued, but not before expiry of the pre-notification period. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before expiry of the pre-notification period. Pre-notification means any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details have been provided, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees charged by the respective credit institution as a result of the chargeback if the Customer is responsible for it. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to refuse this payment method in the event of a negative credit check.

4.8 If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing system is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods to the Customer if the Customer effectively exercises their right of withdrawal. In the event that the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller's withdrawal policy apply to the return shipping costs.

5.3 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance delivery, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions governing liability for defects apply.

7.2 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery service and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer's statutory or contractual claims in respect of defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the content of the Promotional Voucher.

8.3 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher may be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

8.7 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partly with the Promotional Voucher as part of the Customer's statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller may discharge its obligations by providing the service to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the respective holder is not entitled to use the voucher, lacks legal capacity or lacks the necessary authority to represent another person.

9) Code of Conduct

• The Seller has agreed to comply with the conditions of participation in the "Fairness im Handel" e-commerce initiative, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
• The Seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

10) Alternative Dispute Resolution

10.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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