Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Place of Jurisdiction
  11. Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “T&Cs”) of aloeland.de by LAGORNA Handels GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these T&Cs, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these T&Cs, an entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business, or profession when concluding a legal transaction.

2. Conclusion of Contract

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

2.2 The Customer may submit their offer via 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 respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer may also submit the offer to the Seller via email, postal mail, or telephone.

2.3 The Seller may accept the Customer’s offer within five days:

  • By sending the Customer a written order confirmation or confirmation in text form (e.g., by fax or email), with receipt of the confirmation by the Customer being decisive, or
  • By delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive, or
  • By requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of the alternatives occurs first. The acceptance period begins on the day after the Customer’s offer is sent and ends at the close of the fifth day following the submission 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, and the Customer shall no longer be bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall 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 referred to as “PayPal”), subject to PayPal’s terms of use, available at PayPal Terms of Use. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at PayPal Privacy Statement. If the Customer chooses a PayPal payment method during the online ordering process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login details.

2.6 Before submitting the 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 tool for better detecting input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for contract conclusion, as indicated in the Seller's online shop.

2.8 Order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received. In particular, the Customer must ensure that spam filters do not block emails sent by the Seller or by third parties commissioned by the Seller for order processing.

3. Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices, which include statutory value-added tax. Additional delivery and shipping costs, if applicable, are specified separately in the respective product description.

4.2 Available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If prepayment by bank transfer is agreed upon, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 If the “SOFORT” payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). Further information about the “SOFORT” payment method can be found at SOFORT Information.

4.5 For purchases on account, the purchase price becomes due after the goods are delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receiving the invoice without any deductions unless otherwise agreed.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the delivery of goods, the delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, 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 if the Customer has effectively exercised their right of withdrawal. For return shipping costs in case of effective withdrawal by the Customer, the provisions in the Seller's withdrawal policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration of the sold goods passes to the Customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a recipient authorized to accept the goods. However, the risk of accidental loss or deterioration of the goods also passes to the Customer when the goods are handed over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has appointed the carrier, freight forwarder, or other person or institution without the Seller having named this person or institution beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has entered into a specific procurement contract with the supplier with the required care. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and the payment will be refunded without delay.

5.5 Self-pickup is not possible due to logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the full payment of the agreed purchase price has been made.

7) Liability for Defects (Warranty)

7.1 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance; the limitation period for defects in new goods is one year from the delivery of the goods; and for used goods, the rights and claims due to defects are excluded. The limitation period does not restart if a replacement delivery is made as part of the warranty.

7.2 The above limitations on liability and the reduction of the limitation period do not apply in the case of:

  • Claims for damages and reimbursement of expenses by the Customer,
  • If the Seller has fraudulently concealed the defect,
  • Goods used for building construction and causing the defect,
  • Any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and notify defects according to Section 377 HGB. If the Customer fails to comply with the notification duties specified there, the goods shall be deemed accepted.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier and inform the Seller thereof. If the Customer fails to do so, this will not affect their statutory or contractual warranty rights.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation in the event of:

  • Intent or gross negligence,
  • Intentional or negligent injury to life, body, or health,
  • A guarantee promise, unless otherwise agreed,
  • Mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless the Seller is liable without limitation as described in clause 8.1. Significant contractual obligations are those obligations that the contract imposes on the Seller to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and which the Customer may regularly rely on.

8.3 In all other cases, liability of the Seller is excluded.

8.4 The above liability provisions also apply to the Seller’s liability for their vicarious agents and legal representatives.

9) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, the Seller is always entitled to call the court at the Customer's place of business.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online platform for the resolution of disputes, which can be accessed at the following link: https://ec.europa.eu/consumers/odr

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

11.2 The Seller is not obliged to participate in dispute resolution procedures before a consumer arbitration board but is willing to do so.