General Terms and Conditions with Customer Information

1. scope of application

1.1 The business relationship between Pronura GmbH, Schlosswiesen 3, 74847 Obrigheim (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 The customer can reach the customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 1:00 p.m. at the telephone number +49 6261 675 2880 and by e-mail at info@pronura.net. 

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).

1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.

2. offers and service descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. 

2.2 The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart via the button [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can complete the order process within the shopping cart by clicking the button [checkout]. 

2.3 By clicking the [Buy] button, the customer submits a binding application to purchase the goods in the shopping cart. Before completing the order, the customer can change and view the data at any time and go back to the shopping basket using the browser function "back" or cancel the order process altogether. Required information is marked with an asterisk (*).

2.4 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again (order confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute the conclusion of a purchase contract. The purchase contract is only concluded when the seller has handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. 

2.5 If the seller allows payment in advance (here: payment by direct debit), the contract is concluded when the bank details are provided and the customer is requested to pay within the next 14 days. If, despite the due date, the payment is not received by the seller within 14 calendar days of sending the order confirmation, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall have no obligation to deliver. A reservation of the item in the case of payment in advance (payment by direct debit) is therefore made for a maximum of 14 calendar days.

3. prices and shipping costs 

3.1 All prices stated on the Seller's website are inclusive of the applicable statutory VAT. 

3.2 We deliver free of charge to all EU countries. For deliveries to Switzerland, the United Kingdom (UK) and the Faroe Islands, a flat-rate shipping fee of EUR 9.90 will be charged.

4. delivery, availability of goods

4.1 Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided. The delivery time for deliveries within Germany is approximately 2-3 working days, for deliveries within Europe approximately 4-5 working days. If payment in advance has been agreed, delivery will be made approximately 3-4 days after receipt of the invoice amount.  

4.2 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay. 

4.3 The seller is not obliged to deliver the ordered goods if he has duly ordered the goods on his part but the goods were not delivered correctly or in time (congruent covering transaction). The prerequisite is that the seller is not responsible for the lack of availability of the goods. In addition, the seller must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, payments already made by the customer shall be refunded without delay. The seller does not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). The seller is only obliged to deliver from its stock of goods and the goods ordered from the supplier.

5. payment modalities

5.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Payment shall be made either by:

Credit card

or
Paypal.

5.2 The Seller is responsible for selecting the payment methods available in each case. In particular, he reserves the right to offer the customer only selected payment methods for payment, for example only advance payment to hedge his credit risk.

5.3 When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual debit of the credit card account takes place at the time the seller ships the goods.

5.4 When paying with PayPal, the customer is redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise himself with his access data and confirm the payment instruction. After the order has been placed in the shop, the seller requests PayPal to initiate the payment transaction. The customer will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

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

5.6 The customer's obligation to pay interest on arrears does not preclude the seller from claiming further damages for default.

5.7 The customer shall only have a right of set-off if his counterclaims have been legally established and recognised by the seller or are in a close mutual relationship to the main claim. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

6. retention of title

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

7 Warranty for material defects

The warranty shall be determined in accordance with the statutory provisions. 

8. cancellation policy

In the event that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity, he shall have a right of revocation in accordance with the following provisions.

Right of withdrawal

the customer has the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party named by him who is not the carrier has taken possession of the goods.

In order to exercise his right of withdrawal, the customer shall inform the seller by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. 

The customer may use the enclosed model cancellation form for this purpose, which is, however, not mandatory.

Sample cancellation form

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in the case of notification on paper) 

Date

(*) Delete as applicable.

The revocation shall be addressed to

Pronura GmbH
Schlosswiesen 3
74847 Obrigheim

Phone: +49 6261 675 2880
E-mail: info@pronura.net

To comply with the withdrawal period, it is sufficient if the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:

If the customer revokes the contract, the seller shall reimburse the customer for all payments made, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), without undue delay and at the latest within fourteen days of the day on which the seller received notification of the revocation of the contract. For this repayment, the Seller shall use the same means of payment that the Customer used for the original transaction, unless another means of payment was expressly agreed; in no case shall the Customer be charged any fees due to the repayment.

The seller may refuse to refund until it has received the goods back or the customer has provided proof that they have returned the goods, whichever is the earlier.

The customer shall return or hand over the goods to the seller without undue delay and in any case no later than within fourteen days from the day on which the customer has notified the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the end of the fourteen-day period and provides proof of sending. 

The return costs are to be borne by the customer in any case.

The customer must pay for any loss in value of the goods unless the goods are returned in perfect, unopened condition.

9. voluntary withdrawal

In addition to the statutory right of withdrawal, the seller grants a 30-day right of return. The period begins with receipt of the goods. The deadline is met if the customer sends the goods before the 30-day period expires. The purchase price will be refunded by the seller within 14 days of receipt of the returned goods. The direct costs for the return shipment shall be borne by the customer.

10. Liability

10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages (without prejudice to the other statutory requirements for claims):

10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

10.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. storage of the contract text

11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Together with the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If the customer has registered in the online shop www.equoaktiv.com, he can view his placed orders in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.

12. final provisions

12.1 Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. Insofar as the contractual partner is a merchant pursuant to the German Commercial Code (HGB), the place of jurisdiction shall be the registered office of this company, Pronura GmbH.

12.2 The contractual language is German.

12.3 European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.