General terms and conditions of business
(1) The following terms and conditions (hereinafter: GTC) apply to all contracts that Naturally Naughty (hereinafter “we” or “us”) conclude with consumers via all available online ordering platforms (e.g. www.naturallynaughty.shop and other domains ) or applications for end devices (hereinafter also referred to collectively as “online ordering platforms”). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) Prerequisite for an order is that you are of legal age. With your order you confirm that you have reached the age of 18.
(3) We operate online ordering platforms for the delivery of primarily refrigerated ready meals (hereinafter collectively referred to as “goods”).
2 Conclusion of Contract
(1) The product offers presented on our online order platforms are non-binding and not offers in the legal sense. The customer can first view and select the goods on offer. This process is non-binding and does not constitute an offer of contract. Before placing an order, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking the "Buy now" button, the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated e-mail from us, which confirms that we have received the order and gives its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of a contract. A contract is only formed when an order confirmation is sent or when the goods are delivered. The customer can save or print out these General Terms and Conditions at any time by clicking on the "Save" or "Print" button at the bottom of this page. The text of the contract remains stored after the conclusion of the contract and is accessible to the customer. Likewise, the customer can save and/or print out the content of his order immediately after placing his order and can also view it later at any time using the "My Account" function. Furthermore, we will provide the customer with the contractual provisions, including these General Terms and Conditions, in text form after the order has been placed at the latest upon delivery of the goods.
(2) The product images do not always have to match the appearance of the delivered products. In particular, there may be changes in appearance.
(3) The customer assures that all information provided when ordering or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) is correct. Changes are to be communicated to us without delay.
(4) Customers residing in the EU but outside Germany can pick up the ordered goods themselves at our company address or organize the cross-border delivery of the goods themselves at their own expense.
3. Prices, shipping costs
(1) The prices stated on our website are total prices and include the statutory sales tax.
(2) Shipping is at the customer's expense, unless the shipping costs are specified as included in the order. Any shipping costs will also be displayed to the customer on the overview page before the order is placed and must be confirmed.
(1) The purchase price is due when the order is sent. Orders must be paid online. The payment method is bindingly selected by the end customer during the ordering process.
(2) Various payment methods are offered via an online payment service provider, such as credit card, PayPal and direct debit and instant transfer.
(3) We would like to point out that the information about the respective transaction (transaction carried out, purchase price, contracting parties, payment data) will be passed on to a payment service provider.
(4) In the case of online payments, you are obliged to ensure that there are sufficient funds on the relevant account or to make payment by credit card only within the permitted credit limit. Unauthorized returned direct debits are also to be avoided.
(5) You must ensure that the information regarding the selected payment method is correct and up-to-date. You must notify us immediately of any changes to the payment method selected, for example a change in bank details or credit card.
(1) We are entitled to make partial deliveries to a reasonable extent.
(2) In the event of non-availability of the ordered goods for which we are not responsible as a result of late or incorrect delivery (including the delivery of small quantities) by our (pre-)supplier despite an agreement we have made with the (pre-)supplier delivery contract for the ordered goods, we reserve the right not to deliver. In this case, we undertake to inform you immediately about the non-availability of the ordered goods and to immediately refund any consideration (payments) you have already received.
(3) The delivery takes place within the delivery period specified for the respective product.
6. Right of Withdrawal
Right of withdrawal
right of withdrawal
You have the right to withdraw from 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 took possession of the first goods. In order to exercise your right of withdrawal, you must inform us (Naturally Naughty GmbH, Knoblauch Soerensen , Mollstrasse 32, 10249 Berlin Germany , firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post or e-mail). inform you of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
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 send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that can spoil quickly (§ 2 Abs.2 LMHV) or whose expiry date would quickly be exceeded. (§ 312g Abs. 2 Nr. 2 BGB).
End of revocation
7. Warranty Rights
(1) In the event of a material defect in the purchased item, the statutory provisions apply. This means that the customer can primarily demand subsequent performance, ie subsequent delivery or defect elimination, at his choice. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods - in addition to the statutory requirements - the requirements specified in § 9 apply.
(2) All claims for defects become statute-barred two years after delivery.
8. Liability for Damages
The following exclusions and limitations of liability apply to our liability for damages, notwithstanding the other statutory requirements for claims.
(1) We are liable if we are guilty of intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). Furthermore, liability for damages for damages of all kinds, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability is limited to the damage that we typically had to expect to occur based on the circumstances known at the time the contract was concluded.
(3) The above exclusions and limitations of liability do not apply if we have assumed a guarantee for the quality of the goods, nor for damage that is to be compensated under the Product Liability Act, nor for damage to life, limb or health, nor for statutory claims.
(4) The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties we use to fulfill the contract.
We collect and store the customer data required for business transactions. When processing the customer's personal data, we observe the statutory provisions. Further details can be found in the data protection declaration that can be called up in our online offer.
10. Governing Law
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between us and our contractual partners.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final Provisions
(1) This contract contains all agreements made between the parties regarding the subject matter of the contract. Verbal collateral agreements do not exist.
(2) Should individual provisions of this contract be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Statutory law (§ 306 Para. 2 BGB) takes the place of provisions of this contract that are not included or are ineffective. If such statutory law is not available in the respective case (regulatory loophole) or would lead to an intolerable result, the parties will enter into negotiations to find an effective regulation that comes as close as possible economically to the non-included or ineffective provision.
13. Provider identification, summonable address
Our address for complaints and other declarations of intent as well as our summons address is: Naturally Naughty GmbH, Knoblauch Soerensen , Mollstrasse 32, 10249 Berlin, Germany
Sample cancellation form
(The pattern follows the draft of the German Bundestag as Annex 1 to Article 246a § 1 Para. 2 S. 1 No. 1 EGBGB in BT-Drucks. 17/13951)
If you want to revoke the contract, please fill out this form and send it back.)
Naturally Naughty GmbH, Ginger Soerensen, Mollstrasse 32, 10249 Berlin, Germany
- I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*)
- Ordered on(*)/received on(*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
© 2021, Naturally Naughty