General Terms & Conditions

§ 1 Scope of application, applicable law
(1) Within the business contact between Organtic GmbH and the Customer, the following General Terms and Conditions apply exclusively.

(2) Other terms and conditions of business do not apply, even if we do not separately object to their application in individual cases, unless their application is expressly agreed to in writing.

(3) These Terms and Conditions and the entire legal relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

§ 2 Time of the conclusion of the contract
(1) The mere presentation of Organtic GmbH products in the online store does not constitute a binding offer.

(2) Only by clicking the button "Order with obligation to pay" you place a binding order for the goods contained in the shopping cart. With the submission of the offer you are bound for two weeks. Your possible right of withdrawal according to § 3 remains unaffected.

(3) The order confirmation will be sent by an automated e-mail from Koryphé (info@koryphe.garden). With this confirmation the acceptance is not yet declared, unless the order confirmation also expressly contains the acceptance. A contract is only concluded when we expressly accept your offer or send you the ordered goods.

§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places an order for a purpose which is predominantly neither commercial nor self-employed), you have a right of revocation in accordance with the statutory provisions.

(2) With regard to this right of revocation, we grant you the following (preformulated by the legislator):

Cancellation policy

RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us, Organtic GmbH, Werlter Str. 5, 26901 Lorup, e-mail: info@koryphe.garden, 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. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. You can use the attached model withdrawal form, which is not mandatory.

CONSEQUENCES OF THE REVOCATION
If you revoke this contract, we will 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 cheapest standard delivery offered by us), without undue delay and at the latest 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 for 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 us without undue delay and in any case no later than 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 handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

§ 4 Prices, payment, due date
(1) All prices quoted in our online store within the EU are gross prices including the statutory sales tax. For orders outside the EU, net prices are indicated. Deliveries to an address outside the EU may be subject to import duties and taxes, which are due when the delivery reaches the delivery address.

(2) Shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.

(3) Payment can be made by credit card, PayPal or Amazon Payments.

(4) The invoice will be delivered by mail together with the goods or by e-mail.

§ 5 Delivery
(1) Delivery is made from the warehouse of Organtic GmbH to the delivery address specified by you when placing the order.

(2) We generally assume that a delivery of the goods to addresses within the Federal Republic of Germany will take approx. 1 - 3 working days (except for corrective glasses, see § 5 (4) ) from the conclusion of the contract, unless otherwise agreed or stated in the description in our online store.

(3) The duration of the delivery time for goods available for immediate delivery for shipments outside the Federal Republic of Germany and within Europe can be found in the stated delivery times on the detail pages of the corresponding products. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location. Additional restrictions may result from information from our online store.

(4) Please note that all information regarding shipping or delivery is non-binding and does not constitute contractual assurances.

(5) If we at Organtic GmbH are not able to deliver your ordered goods through no fault of our own, because our supplier does not fulfill his contractual obligations for more than a short period of time, we are entitled to withdraw from the contract. In this case you will be informed immediately; any payments already made or other consideration will be refunded immediately.

(6) Your other rights remain unaffected.

§ 6 Retention of title
(1) The delivered goods remain the property of Organtic GmbH until full payment has been received.

§ 7 Warranty
(1) Organtic GmbH grants a warranty of 24 months from conclusion of the contract on products sold by us. This is in addition to the legal warranty claims.

(2) Within the warranty period we will remedy all defects of the products free of charge, as far as they are based on material and manufacturing defects. In such cases, please contact info@koryphe.garden. We will try to contact you as soon as possible and find a solution to your problem.

(3) The warranty does not apply to: Damage of any kind due to improper handling and accidents (e.g. impact, fall, excessive water ingress), dirt and unevenness/wrinkles after the conclusion of the contract.

(4) The warranty period is not extended by claiming the warranty.

(5) In case your Koryphé products show defects, please submit your invoice as proof when making a claim.

§ 8 Liability for Defects
(1) Unless otherwise stipulated below, our liability for damages is limited to grossly negligent and intentional conduct, regardless of the type of breach of duty and including tortious acts.

(2) Organtic GmbH excludes its liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely, shall remain unaffected. In the case of a purchase contract, this is in particular the obligation of the seller to hand over the purchased item and to procure ownership of the purchased item. The aforementioned limitation of liability shall also apply to the persons used by the Seller to fulfill its contractual obligations.

(3) All limitations and exclusions of liability shall not apply to claims arising from fraudulent conduct. Furthermore, they shall not apply to liability for characteristics guaranteed by us and to claims under the Product Liability Act, nor to claims for damages arising from injury to life, limb or health.

(4) Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, (legal or legitimate) representatives or vicarious agents.

(5) If you assert a claim for subsequent performance, we shall fulfill this claim exclusively by way of replacement delivery.

§ 9 Other provisions
(1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against us is 26901 Lorup. We shall be at liberty to take legal action against the customer at any other place.

(2) Claims against us may only be assigned with our prior written consent.

(3) Offsetting against our claims is only permitted if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) You shall only have a right of retention if your counterclaim arises from the same purchase contract.

(5) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective.

(6) Should individual provisions of the contract with the Customer, including these General Terms and Conditions of Business, be invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. The ineffective contractual provision or the gap shall be replaced by a legally effective substitute provision which takes into account or comes as close as possible to the intention of the parties discernible from the contract and the General Terms and Conditions, the economic sense and the purpose of the omitted provision.

(7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in writing; this also applies to the waiver of the written form requirement.