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GTC health.On Ventures GmbH (as of January 2020)

Part 1

The following General Terms and Conditions (GTC) apply to all legal transactions between us (health.On Ventures GmbH, Im Gewerbegebiet 5, 91093 Heßdorf, Germany, Tel.: +49 9135 422 97 80, Fax: +49 9131 623 89 41, service@healthonventures.com) and you as the respective contractual partner. The contract language is in English.

1. Definitions in the sense of these GTCs

1.1. “Seller”, also referred to as “we” or “us”: The seller within the meaning of this agreement is health.On Ventures GmbH with the above-mentioned contact data.

1.2. “Consumer”: A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity.

1.3.“Merchant”: any natural or legal person or partnership with legal capacity who concludes a legal transaction with the Seller in the exercise of its commercial or independent professional activity.

1.4. “Buyer”, also “you”: both consumers and merchants within the meaning of these General Terms and Conditions.

2. Conclusion of contract

2.1. The presentation of the products and services in the online shop is not a legally binding offer, but only an invitation to place a binding order.

2.1.2. By submitting your order in our online shop (by pressing a button such as “Buy Now” or “Place Order”), you submit a binding request to conclude a contract with us for the purchase of the goods contained in the shopping basket. We accept this request either by a corresponding express confirmation of acceptance by e-mail or letter, and eventually with the dispatch of the ordered goods to the customer. We are entitled to refuse the acceptance of the order.

2.2. The sale of our products and services, is always based on our general terms and conditions, regardless of the specific communication channel employed.

3. Delivery and product availability

3.1. The delivery period shall be extended appropriately if the delivery is impaired by force majeure. Force majeure shall be deemed equivalent to other obstacles which affect the delivery and for which we are not responsible (e.g. strike, order by authorities or courts, operational damage caused by fire or water). Irrespective of this, we and you shall be entitled to withdraw from the orders affected by this if the force majeure or other similar obstacles persist for more than 4 weeks after the agreed delivery date.

3.2. Insofar as is reasonable for you, we shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.

4. Terms of payment and dunning costs

4.1. Unless otherwise expressly agreed between the parties, the sale shall be made on the basis of the sales prices, which shall be stated inclusive of value added tax (if applicable) and plus any separately stated shipping costs (inclusive of value added tax, if applicable).

4.2. If delivery is made outside the EU, additional costs may be incurred in individual cases (e.g. costs for money transfer, customs duties, taxes or fees). We do not accept liability for such costs. The handling and payment of these amounts is your exclusive responsibility (unless expressly agreed otherwise).

4.3. When buying through our online shops, we offer various payment methods, including prepayment, Paypal or credit card. We reserve the right not to offer certain payment methods for every order and to refer you to other payment methods. This applies in particular, as far as offered, for the option to purchase on account.

4.3.1. If the prepayment method is chosen as the payment option, the ordered products will be delivered only after receipt of the full purchase amount to the bank or PayPal account named by us. If the due payment is not received by us within two weeks after sending the order confirmation despite a reminder, then we are entitled to withdraw from the purchase contract by a declaration in text form. In this case, the order is then void for both parties and without further consequences.

4.3.2. Unless otherwise specified, in the case of purchase on account, the purchase price shall be due on the day on which we or a third party commissioned by us (e.g. the parcel service) have handed over the goods to you or a third party engaged by you. In no case do we accept the costs of the money transfer.

4.3.3. We use an external service provider to process credit card payments, therefore we do not have access to your credit card details at any time. Your credit card will be debited after the order has been placed.

4.3.4. The use of PayPal or Amazon Pay as the payment method is free of charge to you. You must be registered with the relevant provider or first register, then validate and confirm the payment order prior to payment. When using these two payment methods, your banking or credit card details are at no time disclosed to us.

4.3.5. For each dunning reminder, costs in the amount of EUR 5,00 are charged to the Buyer, unless he can establish that the Seller had significantly lower or no dunning costs.

5. Title retention

The goods supplied remain the property of the Seller until the Buyer has settled the purchase price in full (includes shipping costs)

6. Warranty

6.1. We assume the warranty in accordance with the statutory provisions.

6.2. If you purchase in your capacity as a Merchant, the warranty period shall be limited to one year. The assertion of warranty claims against us in this case also presupposes that you comply with your statutory duty to give notice of defects in accordance with § 377 HGB (German Commercial Code).

7. Limitation of liability for claims for damages

7.1. Our liability for damages, for whatever legal reason and including liability for our representatives and vicarious agents, is limited to intent and gross negligence, with the exception of the provisions under 7.2 and 7.3.

7.2. In the event of a breach of an essential contractual obligation, i.e., a duty which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, we shall be liable for every degree of fault. If you purchase in your capacity as a Merchant, this extension of liability shall be limited to foreseeable, typically occurring damages, insofar as there is no intentional breach of duty.

7.3. The above regulations do not affect statutory liability for culpable injury to life, body and health; this shall also apply to mandatory liability under the Product Liability Act and in the event of wilful deception.

8. Governing law and jurisdiction

8.1. If you are a Merchant, any disputes arising out of or in connection with this agreement will be submitted to the exclusive jurisdiction of the Seller’s place of business, viz the Courts of Erlangen, Germany. The same shall apply if the place of residence or habitual abode is not known at the time the action is filed.

8.2. The laws of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG – Vienna) and German private international law. If you have placed the order as a Consumer and your habitual residence was in a country other than Germany at the time of your order, the application of the mandatory legal provisions of that country shall not be affected by the choice of law as per sentence 1 of this clause.

9. Further consumer information

9.1. You can view the GTC at the time of contract conclusion in our online shops under “General Terms and Condition. In addition, we permanently store a copy of this contract text, the cancellation and return conditions as well as a copy of the order data for 10 years. You can also print this document and the details of your order (visible on the last page before confirming your order) using the print function of your browser or save it using the save function of your browser.

9.2 Input errors in the order can be identified before the final submission of an order by reviewing the order on the separate order confirmation page and if necessary, corrected on the previous page after pressing the back button of your browser.

9.3. We are not obliged or prepared to participate in a dispute resolution procedure in front of a consumer arbitration board.

10. Input of data or content

10.1. The Buyer must guarantee that all requested data collected by us when the order is placed is truthful and correctly stated.

10.2. You are solely responsible for any content you provide us with. The content must not infringe the rights of third parties. We are not obliged to publish content (e.g. product reviews) that you post in our online shop.

11. Use of promotional vouchers

11.1. Promotional vouchers are vouchers which cannot be purchased but which we issue for promotional purposes without receiving any compensation from you in return. Promotional vouchers can only be redeemed once for an order in our online shop and are only valid under the conditions stated on the voucher (e.g. period, minimum order value, items not covered). The promotional voucher can neither be redeemed in cash nor does it receive interest.

11.2. The promotional voucher can only be redeemed when ordering before the order process is completed. In this case, it will reduce the purchase price by the amount of the voucher. We will not refund any excess credit balance after use of the promotional voucher.

11.3. Unless otherwise stated, multiple promotional vouchers may not be combined or transferred to third parties.

11.4. The promotional voucher will not be refunded if the goods are returned in whole or in part. If the promotional voucher is only valid from a specified minimum order value, then we have the right to charge the difference to the original price of the goods that you retain if a portion of the goods of the original order are returned and thereby the minimum order value is subsequently undercut.

12. Right of revocation

Legal right of withdrawal for customers who are Consumers

– Cancellation policy –

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation 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 last goods.

In order to exercise your right of revocation, you must inform us (health.On Ventures GmbH, Im Gewerbepark 5, 91093 Heßdorf, Germany, Tel.: +49 9135 422 97 80, Fax: +49-9131-623 89 41, Email: service@healthonventures.com) of your decision to withdraw from the agreement by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the sample revocation form provided by us for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of exertion of your right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of delivery method other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Exclusion of the right of revocation

The right of revocation does not apply to agreements related to goods which are not suitable for return for reasons of health protection or hygiene if their packaging seal has been broken or removed after delivery.

Sample Withdrawal Form

– Revocation rules for customers who are Merchants –

If you are a customer who orders our products in the capacity of a Merchant, i.e. in the exercise of his commercial or self-employed professional activity, you are not entitled to the statutory right of revocation described above.

13. Voluntary rights of return for Consumers when purchasing via our online shops (does not apply to contracts concluded via Amazon or eBay)

13.1. Voluntary 30-day right of return for Consumers

13.1.1. Irrespective of your statutory rights of revocation and warranty, you may return to us all products purchased from us as a Consumer within 30 days of receipt of the goods, provided that the goods are complete and in the same condition as upon receipt. The period begins on the day after receipt of the goods, the punctual dispatch of the goods is sufficient to comply with the period. In any case you bear the transport risk when returning the goods.

The right of return does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their packaging seal has been broken or removed after delivery.

13.1.2. If you wish to make use of this right, please send us the complete product you wish to return, ensuring that postage costs are adequately covered, to: health.On Ventures GmbH, Henkestr. 91, 91052 Erlangen, Germany.

13.1.3. We will refund the purchase price you have paid for the product, including any standard or DHL parcel shipping costs charged by us, if you properly exercise your right to return the product.

Not refundable are additional costs incurred by the choice of a faster shipping method than DHL parcel shipping (“express delivery”), as well as your expenses for the return of the goods (e.g. postage, packaging or travel costs).

13.2. Extended 30-day right of return for Consumers

13.2.1. We also offer Consumers an extended, voluntary 30-day right of return for selected products, which may either be free of charge or subject to a charge.

If we have agreed on such an extended right of return with you, then you can return all products purchased from us as a Consumer to us within 30 days of receipt of the goods, provided the goods are in complete condition. The period begins on the day after receipt of the goods, the punctual dispatch of the goods is sufficient to comply with the period. In any case you bear the transport risk when returning the goods.

In contrast to the right of return according to 13.1, we waive the reason for exclusion according to sentence 4 of 13.1 in the case of the extended right of return. We therefore also take back goods according to this extended right of return whose hygiene seal has been removed after delivery or which have already been used or damaged.

13.2.2. If you wish to make use of this extended right of return, please send us the complete product you wish to return in a sufficiently stamped consignment to: health.On Ventures GmbH, Im Gewerbegebiet 5, 91093 Heßdorf, Germany.

13.2.3. The rules of section 13.1.3 apply accordingly to reimbursement under the free, extended right of return.

For the refund according to the extended right of return with costs, the following applies: The amount paid (including any shipping costs for standard or DHL parcel shipping) minus the costs for the extended right of return will be refunded to you. The additional costs for a possible express delivery by us as well as the expenses incurred by you for the return shipment of the goods (e.g. postage, packaging or travel expenses) are not refundable.

13.3. These voluntary return rights for Consumers according to 13.1 or 13.2 do not restrict your legal rights and therefore also not your legal revocation and warranty rights.

If you have placed the order as a Merchant, you are not entitled to these voluntary 30-day return rights (for Consumers).

Part 2

Terms of Use Product Reviews/Customer Questions and Answers

Your opinion of our products is valuable to us, and we are always happy to answer your questions. Your opinion of our products helps our customers to evaluate our products better and make a better purchase decision.

By submitting content to somnishop.net (“Customer Content”), you agree that:

  • you are the sole owners of the copyrights to the Customer Content,
  • you are at least 18 years old,
  • the content complies with our terms of use,
  • you grant us a perpetual, irrevocable, royalty-free, transferable license to make full use of such Customer Content, including but not limited to publishing, reproducing, editing, translating and deleting (in whole or in part) such Customer Content worldwide in any form, medium and by means of any technology.

The use of customer content is at the sole discretion of SomniShop. We reserve the right not to publish, edit or delete submitted content at our own discretion. This applies in particular if the submitted content:

  • is offensive, threatening, harassing, obscene or discriminatory or violates the privacy of others,
  • is in violation of the law,
  • contains information about other websites, addresses or other contact information,
  • contains manifestly untruthful allegations.

Your Customer Content is usually checked by our SomniShop editorial team before publication. This can take 1-3 working days. As far as the Customer Content corresponds to our terms of use, described above, we will publish it, in principle (without a legal claim). This also applies, in particular, to negative product evaluations, because these also help our customers to make a better purchase decision.

By submitting your Customer Content to us, you also consent to the processing of your personal data in accordance with our data protection provisions If you submit your Email address together with the Customer Content, you agree that we may use your Email address to communicate with you regarding your Customer Content and related aspects. You can revoke this consent at any time with future effect, e.g. by sending an Email to service@health-on.ventures or by contacting us under the data specified in the Legal Notice.