General Terms and Conditions

General Terms and Conditions (GTC) and Consumer Information

of the HEJ ORGANIC GmbH

§ 1 Scope of application

§ 1.1

These General Terms and Conditions (GTC) apply to all contracts concluded between the customer and the seller via the seller's online store. Customers in the sense of these GTC are consumers as well as entrepreneurs.

§ 1.2

Consumers in the sense of § 13 of the German Civil Code (BGB) and these GTC of the online store are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.

§ 1.3

Entrepreneur in the sense of § 14 BGB (German Civil Code) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 1.4

Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless we expressly agree to their validity.

§ 2 Supplier and conclusion of contract

§ 2.1

In case of conclusion of the contract, the contract is concluded with HEJ ORGANIC GmbH, Redtenbacherstraße 9, 44139 Dortmund, Germany.

§ 2.2

The conclusion of a contract via the online store is determined by the following provisions:

The activation of the offer page in our online store serves to submit a purchase offer by the customer. By clicking the Buy button, you submit a binding offer. In the event that the customer wishes to purchase several items as part of an order process, the buyer clicks on the button "Add to cart" (if available) and then goes through the further steps specified in each case by the online store. In doing so, the Customer can choose whether to log in to his existing customer account for the order or whether to create a new customer account for the order or to purchase as a guest.

§ 2.3

Before the final submission of a contractual declaration in the online store, customers are prompted to check and, if necessary, confirm the information. In the event of any input errors, it is possible to return to the previous website via the function of the browser used in order to enter new information.

§ 2.4

The contract is concluded when we accept your order by sending a separate order confirmation by e-mail or by delivering the goods within 4 days. The confirmation of receipt of the order is sent by automated e-mail immediately after sending the order and does not constitute acceptance of the contract.

§ 2.5

The text of the contract will be stored and is available on the website of the online store under the respective item number. The relevant Internet page can be printed out using the browser's print function. The customers will also receive the contractual provisions including these GTC and the consumer information under distance selling law separately in text form.

§ 2.6

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

§ 3 Prices

§ 3.1

The prices shown in the online store at the time of the order shall apply.

§ 3.2

The stated prices include the statutory value added tax and other price components and are exclusive of delivery/shipping costs.

§ 4 Shipping costs and delivery conditions

§ 4.1

Delivery shall only be made within the EU.

§ 4.2

Unless otherwise stated in the offer, shipping shall be effected by DHL parcel services.

§ 4.3

The delivery time is 3-5 days, unless otherwise stated in the offer.

§ 4.4

Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately. If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any consideration already paid.

§ 4.5 The following shall also apply to consumers:

§ 4.5.1 Notwithstanding the statutory warranty for material defects (more on this below), the risk of accidental loss and accidental deterioration of the goods shall pass to the consumer upon handover of the purchased item to the consumer. This shall also apply to the sale by delivery to a place other than the place of performance if the Buyer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to the Buyer.

§ 4.5.2

It is requested that complaints about obvious material or manufacturing defects of delivered goods be made directly to us or to the employee of the carrier delivering the goods. Failure to make this complaint shall not affect any legal claims of the consumer.

§ 4.6

For entrepreneurs, the following shall also apply:

§ 4.6.1
The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur himself or to a person authorized to receive the goods. In the case of sale by delivery to a place other than the place of performance, the decisive point in time shall be the delivery of the goods to a suitable transport person.

§ 4.6.2

Return shipments shall be made at the risk of the entrepreneur and carriage paid to our aforementioned business address. Any costs incurred for returns shall be borne by the entrepreneur. This shall not apply to the sale of newly manufactured goods.

§ 4.6.3

The entrepreneur shall notify us in writing of any obvious defects in the goods without delay, but within 7 days at the latest, using a return slip. The period shall commence upon receipt of the goods. The timely dispatch of the notice of defect shall be sufficient to comply with the time limit. If the entrepreneur fails to comply with the obligation to notify defects, the goods shall be deemed to have been approved with regard to the defect.

§ 4.7

For deliveries to non-EU countries, additional customs duties and fees may apply. Further information can be found, for example, at

https://ec.europa.eu/taxation_customs/online-services_en
and on import turnover tax at

http://auskunft.ezt-online.de/ezto/Welcome.do
and especially for Switzerland at

http://xtares.admin.ch/tares/login/loginFormFiller.do.
§ 4.8
Our shipping information is also available at XXX.

§ 5 Terms of payment
§ 5.1

Payment can be made by credit card, Paypal or Sofortüberweisung.

§ 5.2

If you are in default of payment, the purchase price is subject to interest at a rate of 5% points above the prime rate during the period of default. We reserve the right to prove and claim a higher damage caused by default.

§ 5.3

In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.

§ 5.4

Our payment information is also available at XXX

§ 6 Retention of title

We reserve the ownership of all goods delivered by us until payment (for entrepreneurs: until payment of all our claims from the business relationship). Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§ 7 Right of revocation

Right of revocation

Consumers have a right of revocation of fourteen days. Consumers in the sense of § 13 of the German Civil Code (BGB) and the conditions of our online store are natural persons with whom we enter into business relations, without this can be attributed predominantly to a commercial or independent professional activity.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days, on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (HEJ ORGANIC GmbH, Redtenbacherstraße 9, 44139 Dortmund, phone: + 49 (0) 231 - 53 37 68 60, e-mail: info@HEJorganic.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

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

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to me immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for the examination of the quality, characteristics and functioning of the goods.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back).

- To HEJ ORGANIC GmbH, Redtenbacherstraße 9, 44139 Dortmund, Phone: + 49 (0) 231 - 53 37 68 60, E-Mail: info@HEJorganic.de

- 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 the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete as applicable.

§ 8 Warranty for material defects

The statutory warranty shall apply to consumers. The warranty period is two years and begins with the handover of the goods. For entrepreneurs, the warranty period for material defects is one (1) year.

§ 9 Limitation of liability

We are only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfillment is a prerequisite for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose fulfillment the customer as purchaser regularly relies) is culpably breached, our liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or bodily injury, we shall be liable in accordance with the statutory provisions. Liability under the provisions of the Product Liability Act shall remain unaffected. In all other respects liability is excluded.

§ 10 Data protection regulations

Collection, processing and use of personal data

You can visit our online store without providing any personal information. We only store access data without personal reference, such as the name of your Internet service provider, the page from which you visit us or the name of the requested file. These data are evaluated exclusively for the improvement of our offer and do not permit any conclusion on your person.

Personal data is only collected if you voluntarily provide it to us as part of your order or when opening a customer account or registering for our newsletter. We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. With complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to the further use of your data. When registering for the newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time.

Use of cookies

In order to make the visit to our online store attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies to recognize your browser on your next visit (persistent cookies).

You can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, however, the functionality of our online store may be limited.

Passing on of personal data

Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment or to the payment service provider selected in the ordering process.

Web analysis

On our online store, data is collected and stored by Google Analytics a web analysis service of the provider Google, from which usage profiles are created using pseudonyms. These user profiles are used to analyze visitor behavior and are evaluated to improve and tailor our offer.

Cookies may be used for this purpose. These are small text files that are stored locally on the end device of the site visitor and thus enable recognition when visiting our website again.

The pseudonymized usage profiles are not combined with personal data about the bearer of the pseudonym without a separate, explicit consent.

You can object to the collection and storage of data for the purpose of web analysis at any time with effect for the future. As an alternative to the browser plug-in, you can click this link to prevent the collection by Google Analytics on this website in the future. This will place an opt-out cookie on your terminal device. However, if you delete your cookies, you must click this link again.

Data security

Your personal data is encrypted during the ordering process and transmitted via the Internet using SLS. Credit card data is not stored, but collected and processed directly by our payment service provider Stripe. We secure our online store and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Access to your customer account is only possible after entering your personal password. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

Credit assessment and scoring

Insofar as we make advance payments, e.g. in the case of a purchase on account, we may obtain creditworthiness information from creditreform on the basis of mathematical-statistical procedures in order to protect our legitimate interests. For this purpose, we transmit the personal data required for a credit assessment to creditreform (Hellersbergstraße 12, D-41460 Neuss) and use the information received about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship. The creditworthiness information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions.

Transmission of negative data

During the duration of the customer relationship, we may transmit address and negative data to Creditreform in cases permitted by law. Creditreform provides third parties with creditworthiness information based on mathematical-statistical procedures for credit assessment purposes if there is a legitimate interest in doing so. Your interests worthy of protection are taken into account in accordance with the legal provisions. Detailed information on how credit reform works can be found at www.creditreform.de.

Repetition of consent declarations

You may have expressly given us the following consent(s) and we have recorded your consent. According to the Telemedia Act, we are obliged to have the content of consents available for retrieval at any time. You may revoke your consent(s) at any time with effect for the future.

a) Permission for e-mail advertising
I would like to receive news and exclusive offers by e-mail. My e-mail address will not be passed on to other companies. I can revoke this permission to use my e-mail address for advertising purposes at any time with effect for the future by clicking the "Unsubscribe" link at the end of the newsletter.

b) Registration
I would like to save my information and pay faster next time.

c) Credit check
I agree that HEJ ORGANIC GmbH may retrieve creditworthiness information based on mathematical-statistical methods from creditreform (Hellersbergstraße 12, D-41460 Neuss) for the purpose of its own credit check. I can revoke my consent at any time with effect for the future. Detailed information on how creditreform works can be found at www.creditreform.de.

Right to information and revocation

In accordance with the German Federal Data Protection Act, you have the right to obtain information free of charge about the data we have stored about you and, if applicable, the right to have this data corrected, blocked or deleted. You can also revoke any data protection consent you may have given at any time with effect for the future.

Contact for data protection

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consent granted, please contact our data protection officer:

Laura Rath
Redtenbacherstrasse 9
44139 Dortmund
Mail: laura.rath@hejorganic.com Mobile: 01573/5190300

§ 11 Final Provisions

§ 11.1
The law of the Federal Republic of Germany shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

§ 11.2

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.

§ 11.3

The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, shall be the registered office of the Seller.

§ 11.4

Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses. The relevant statutory provisions shall apply in place of the invalid provisions. This shall also apply in the event of a loophole.

§ 11.5

The contract language is German