Terms and Conditions (AGB):

General Terms and Conditions (AGB) and Consumer Information as of 06/2018

General Terms and Conditions and Consumer Information within the framework of purchase contracts concluded via the online shop between Gesundarium GmbH - hereinafter referred to as "Seller" - and the customer - hereinafter referred to as "Customer."

§ 1 Scope and General Information

1. Subject to individual agreements and arrangements that take precedence over these GTC, the business relationship between the seller and the customer is governed exclusively by the following General Terms and Conditions. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.

2. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any 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**

1. The contract is concluded with:
Gesundarium GmbH
Gebrüder-Pauken-Straße 15a
56218 Mülheim-Kärlich

2. The essential characteristics of the goods result from the respective product description posted by the seller.

3. All offers in the seller's online shop are non-binding invitations to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first receive confirmation of receipt of their order from the seller, usually by e-mail (order confirmation). This order confirmation does not yet constitute acceptance of the order. After receiving the order, the seller will check it promptly and inform the customer within 2 working days whether the order is accepted (order confirmation). The ordering process in the seller's online shop works as follows:

4. The customer can select products from the seller's range and collect them in a so-called shopping cart via the button "Add to Cart." By clicking the button "Cart," the customer gets an overview of the selected products. Via the button "Buy Now," the customer submits a binding purchase request for the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time using the browser functions "Back" and "Next" displayed as arrow buttons. The request can only be submitted and transmitted if the customer accepts these contractual conditions by clicking the button "Accept GTC" and thereby includes them in their request. The seller will then send the customer an automatic acknowledgment of receipt by e-mail, listing the customer's order once again, which the customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded by the seller's submission of the declaration of acceptance, which is sent with a separate e-mail.

§ 3 Contract Subject, Quality, Delivery, Availability of Goods

1. The subject of the contract is the goods and services specified by the customer in the context of the order and mentioned in the order confirmation and/or the order confirmation at the final prices listed in the online shop. Errors and omissions there are reserved, especially regarding the availability of goods.

2. The quality of the ordered goods results from the product descriptions in the online shop. Illustrations on the internet pages may only represent the products inaccurately; especially colors may differ significantly for technical reasons. Images serve merely as illustrative material and may differ from the product. Technical data, weight, dimensions, and performance descriptions are given as precisely as possible but may show the usual deviations. The properties described here do not constitute defects of the products supplied by the seller.

3. Special conditions for the processing of goods according to specific requirements of the customer:
- If the seller owes the processing of the goods according to specific requirements of the customer in addition to the delivery of the goods according to the content of the contract, the customer must provide the operator with all necessary contents for processing, such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the operator and grant him the necessary rights of use for this purpose. The procurement and acquisition of rights to these contents are the sole responsibility of the customer. The customer declares and assumes responsibility that they have the right to use the contents provided to the seller. They especially ensure that no rights of third parties are violated, especially copyright, trademark, or personal rights.

4. If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from a declaration of acceptance. In this case, a contract does not come into existence. If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.

§ 4 Delivery, Prices, Shipping Costs

1. Delivery to the shipping company shall take place no later than two days after receipt of money, in the case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. Any deviating delivery times are indicated on the respective product page.

2. Delivery is only made within the EU.

3. All item prices include the statutory value-added tax. The prices stated are final sales prices plus shipping costs. The customer receives an invoice with the VAT shown.

§ 5 Payment

Payment is made by prepayment (PayPal, bank transfer) or cash on delivery.

§ 6 Transport Damage

1. If goods are delivered with obvious transport damage, the customer is requested to report such defects immediately to the deliverer and contact the seller as soon as possible.

2. Failure to make a complaint or contact has no consequences for the customer's statutory warranty rights but helps the seller to assert their own claims against the carrier or transport insurance.

§ 7 Warranty for Defects

1. The provider is liable for defects in the goods following the applicable legal regulations, particularly §§ 434 ff BGB.

2. A warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.

3. Complaints and warranty claims can be submitted to the address stated in the provider identification.

§ 8 Retention of Title

The delivered goods remain the property of the seller until full payment has been made.

§ 9 Liability

The legal regulations apply.

§ 10 Contract Text

The contract text is stored on the seller's internal systems. The General Terms and Conditions can be viewed by the customer at any time in their customer account. The order data and the GTC are sent to the customer by e-mail. After completion of the order, the order data is no longer accessible via the internet for security reasons.

§ 11 Final Provisions

1. The contract language is German.

2. Contracts between the seller and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is brought.

Source:** Rechtsanwalt Metzler - Attorney for Competition Law, Trademark Law, and Copyright Law

(End of the General Terms and Conditions)