General terms and conditions

 §1 Scope

These General Terms and Conditions ("GTC") apply to contracts that you conclude with us, healthygarden GmbH, Volksdorfer Weg 186, 22393 Hamburg, (+49 (0) 40 639 1889 0, hello@omura.com), through the Omura online shop on eu.omura.com.

Our online shop is exclusively aimed at consumers. A consumer is any natural person who enters a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

 

 §2 Conclusion of Contract, Storage of Contract Text

The product descriptions contained in our online shop do not constitute binding offers from us but serve as an invitation for you to submit a binding offer.

You can submit your offer via the order form integrated in our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer regarding the goods contained in the shopping cart by clicking the "Place Order with Payment Obligation" button.

We can accept your offer within five days by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or by requesting payment from you after you have placed your order.

If several of the alternatives are available, the contract is concluded at the time when one of the alternatives occurs first. The deadline for accepting the offer begins on the day after the dispatch of your offer according to paragraph 3 and ends with the expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within the period, this shall be deemed as a rejection of your offer, with the result that you are no longer bound by your offer.

We will confirm your order immediately in text form to the email address you provided. The contract text will be sent to you with the order confirmation. We do not provide any further access to the contract text. If you have set up a customer account with us before submitting your order, we will archive your order data. You can access this order data via your password-protected customer account by providing your login information.

 

 §3 Statutory Right of Withdrawal

Withdrawal Information / Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, take(s) possession of the goods.

To exercise your right of withdrawal, you must inform us (Healthygarden GmbH, Volksdorfer Weg 186, 22393 Hamburg, +49 (0) 40 639 1889 0, hello@omura.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form, but it is not mandatory.

 

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

 

Cancellation Policy / Right of Withdrawal

You have the right to withdraw from this contract within a period of fourteen days without the need to provide any justification or reasons. The withdrawal period is fourteen days starting from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Healthygarden GmbH, Volksdorfer Weg 186, 22393 Hamburg, +49 (0) 40 639 1889 0, hello@omura.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form, although it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification exercising the right of withdrawal before the withdrawal period expires.

 

Consequences of revocation

If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the one offered by us, the most economical standard delivery), immediately and no later than within fourteen days from the day on which we receive notice of your contract revocation. We will use the same means of payment for this reimbursement as you used in the original transaction unless you expressly agreed otherwise. Under no circumstances will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier point in time. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods back before the expiry of the fourteen-day period. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

Cancellation Form

If you want to cancel the contract, please fill out this form and send it back to Healthygarden GmbH, Volksdorfer Weg 186, +49 (0) 40 639 1889 0, hello@omura.com:

I/we () hereby cancel 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)

Consumer(s)' signature (only if this form is notified on paper)

Date:

 

 §4 Purchase Price, Shipping Costs

The prices listed in the respective product description at the time of ordering shall apply. The stated prices are final prices, meaning they include the applicable German statutory value added tax. For an order value of less than 20.00 € per order, the shipping costs are 4.90 € per order. For an order value of 20.00 € or more, shipping is free.

 

 §5 Payment Methods

In our shop, the following payment methods are available to you: "PayDirect," direct debit, purchase on invoice, "Giropay," and payment in advance.

If you choose the payment method "Giropay," your account will be charged upon completion of the payment process.

If you choose the payment method "payment in advance," you will receive our business account information via email upon completion of the ordering process. You are required to transfer the amount to the designated account within 14 days, relieving your debt, and independently. Your order will be shipped to you promptly upon confirmation of receipt of funds.

If you choose the payment method "PayDirect," the payment processing will be conducted through your PayDirect account with paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, which is linked to your current account. At the end of the ordering process, you will be redirected to PayDirect. There, you can log into your PayDirect account and proceed with the payment. To utilize the PayDirect payment method, you need a PayDirect account. For more information on the "PayDirect" payment method, you can visit https://www.paydirekt.de/.

If you choose the payment method "direct debit," you will provide your bank account details during the ordering process. The selection of the "direct debit" payment method constitutes a claim that we exclusively assign to Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, Liechtenstein. The additional terms and conditions of payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria, apply, which can be viewed here: Additional Terms and Conditions for SEPA Direct Debits. There is no entitlement to the use of this payment method.

If you choose the payment method "purchase on invoice," a claim is created that we exclusively assign to Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, Liechtenstein. The additional terms and conditions of payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria, apply, which can be viewed here: Additional Terms and Conditions for Purchase on Invoice. There is no entitlement to the use of this payment method.

 

§6 Discount codes

Discount codes are issued as part of advertising campaigns.

Discount codes can only be redeemed within the scope of the ordering process in the virtual shopping cart under "Apply discount code." They can only be redeemed before the completion of the ordering process. Subsequent crediting is not possible. Multiple promotional vouchers cannot be combined.

Discount codes may be subject to a specific validity period.

Certain products may be excluded. Discount codes may be subject to a minimum order value.

The value of the goods must be at least equal to the value of the discount code. Any difference to a higher value of goods can be offset using the available payment options. The value of a discount code will not be paid out in cash or bear interest.

The value of a discount code will not be refunded if the goods are returned in whole or in part.

The discount code cannot be transferred to third parties.

If you have used a discount code for your purchase, we reserve the right to charge you the original price of the goods you choose to keep if, due to your cancellation, the total value of the order falls below or matches the respective value of the discount code.

 

§7 Delivery

The delivery of the ordered goods will be made via shipping to the delivery address provided by the customer.

We exclusively deliver to delivery addresses within the Federal Republic of Germany.

The delivery time is indicated in the respective product description.

Self-pickup of the ordered goods is not possible for logistical reasons.

 

§8 Confirmation of Legal Age

By confirming our terms and conditions, the customer declares the truthful provision of personal data. For products that require legal adulthood (at least 18 years of age), an electronic age verification will be conducted prior to completing the order. Any expenses incurred as a result of deception will be borne by the customer or their legal representative.

 

§9 Retention of Title

The goods shall remain our property until the full payment of the purchase price.

 

§10 Warranty

The statutory warranty law applies.

 

§11 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at the following link: www.ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

We are neither obligated nor willing to participate in a consumer arbitration procedure before a consumer arbitration board.