General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Chi Nature FZ-LLC) via the website https://chinature.shop/. Unless otherwise agreed, we do not accept any of your own terms and conditions that may differ.
(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to Checkout” (or similarly named) button, entering your personal data as well as the payment and shipping conditions, you will be shown the order details as an order overview.
If you choose an instant payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment provider.
If forwarded to the instant payment provider, you make the corresponding selections or enter your data there. You will then be shown the order details either on the provider’s website or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview once more (including via the browser’s “back” function), or to cancel the order.
(4) Your inquiries for the creation of an offer are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and all information required in connection with the contract conclusion will be carried out by email, partly automatically. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular not blocked by spam filters.
§ 3 Contract Duration / Termination for Subscription Contracts
(3) Any termination must be made either in text form (e.g. email) or via the cancellation button integrated on our website (“Cancel contracts here” or similar).
§ 4 Special Agreements on the Payment Methods Offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods offered via PayPal are displayed to you under a correspondingly designated button on our website and during the online ordering process. PayPal may use additional payment services for processing; if special payment terms apply, you will be informed separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
§ 5 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership, pledging or transferring the goods as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims arising from the resale to us in the amount of the invoice total; we accept the assignment. You remain authorized to collect the claim. If you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods to the other processed items at the time of processing.
d) We commit to releasing the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of securities to be released rests with us.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so does not affect your legal warranty rights.
(3) If a characteristic of the goods deviates from objective requirements, the deviation is considered agreed only if you were informed of it before submitting your contractual declaration and it was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty rules:
a) Only our own specifications and the manufacturer's product description are deemed agreed as the condition of the goods, not public advertising or statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion through rectification or replacement. If rectification fails, you may choose between a price reduction or withdrawing from the contract. Rectification is considered failed after the second unsuccessful attempt unless the nature of the item, the defect, or other circumstances indicate otherwise. In the case of rectification, we do not have to bear additional costs arising from transporting the item to a location other than the place of performance, unless such transport corresponds to the intended use of the item.
c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- for damages caused by us culpably resulting in injury to life, body, or health, and for other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
- for items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The place of performance for all services arising from business relations with us, as well as the place of jurisdiction, is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the lawsuit is filed. The ability to bring an action before another court with statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
1. Identity of the Seller
Chi Nature FZ-LLC
Compass Building
Al Hulaila Industrial Zone – Free
Zone
Ras Al Khaimah
United Arab Emirates
Email: info@chinature.shop
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion itself, and the correction options follow the provisions described in “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After the order has been received, the order data, legally required information for distance contracts, and the GTC are sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Conditions
5.1. The prices stated in the respective offers as well as shipping costs represent total prices. They include all price components including applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you unless free shipping has been agreed.
5.3. If delivery is made to countries outside the European Union, additional costs may arise that we are not responsible for, such as customs duties, taxes, or transfer fees (bank transfer or exchange fees), which you must bear.
5.4. Any transfer fees (bank transfer or exchange fees) must be borne by you if delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5. The available payment methods are listed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated, the payment claims from the concluded contract are due immediately.
6. Delivery Conditions
6.1. Delivery conditions, delivery times, and any delivery restrictions can be found under a correspondingly designated section on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss or deterioration of the sold item during shipment does not pass to you until the goods are handed over, regardless of whether the shipment is insured. This does not apply if you have commissioned a transport company not designated by us.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Warranty Rights
Warranty rights follow the provision “Warranty” in our General Terms and Conditions (Part I).
8. Contract Duration / Termination
Information on contract duration and termination conditions can be found in the section “Contract Duration / Termination for Subscription Contracts” in our General Terms and Conditions (Part I) as well as in the respective offer.
These GTC and customer information have been prepared by the IT law specialists of Händlerbund and are continuously reviewed for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024