General Terms and Conditions

General Terms and Conditions

1. Scope of application

2. Contract language

3. Applicable law, place of jurisdiction and place of performance

4. Online dispute resolution platform

5. Conclusion of the contract

6. Prices, shipping costs, due date and default

7. Delivery

8. Duty to provide information

9. Right of withdrawal

10. Voluntary extended right of withdrawal

11. Reservation of title

12. Transfer of risk

13. Safety and usage instructions

14. Warranty

15. Liability

16. Choice of law

17. (Partial) returns of bundle orders

18. Gift certificates

 

1. Scope of application

These General Terms and Conditions (hereinafter referred to as “GTC”) of MNM Marketing GmbH, Grenzgasse 4a, 8793 Trofaiach (hereinafter referred to as “MNM”), in the version valid at the time of the order, apply to all contractual agreements concluded in the web shop between MNM and private customers (consumers).

A consumer is any person who enters into a legal transaction which is outside their business operations.

The terms and conditions are provided in MNM's webshop in a printable and storable format.

2. Contract language

The contract language is English. All other information and services are offered in English.

3. Applicable law, place of jurisdiction and place of performance

These terms and conditions and the contracts to be concluded under these terms and conditions are subject to Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law in the country in which the consumer is resident take precedence. The consumer's statutory place of jurisdiction shall apply.

4. Online dispute resolution platform

The EU Commission offers the option of online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform can be accessed via the external link . MNM is not obliged to participate in such proceedings.

5. Conclusion of contract

All offers from MNM are invitations to the customer to make an offer. MNM's offers are subject to change. Printing and typesetting errors excepted. It is only possible to place an order if all customer data is provided.

Before the binding submission of the order, the customer can either use the back button on the website or the back button of the browser used to return to the page on which the customer's details are entered and correct input errors or cancel the order process by closing the internet browser.

By clicking the button “Pay now” to place an order, the customer makes a binding offer to enter into a contract. After the order has been sent, the receipt of the order is confirmed by an automated e-mail (order confirmation), which does not yet constitute acceptance of the contract.

The contract becomes legally effective upon payment of the (purchase) price, and the customer consequently receives an order confirmation from MNM by means of an automated e-mail. If, in the case of individual payment options, the (purchase) price is not to be paid until a later point in time, the contract becomes legally effective upon receipt of the order confirmation from MNM. The contract text is displayed again in the order confirmation. This contract text is stored by MNM for the purpose of contractual fulfillment. Any further information regarding the contract text can be obtained from MNM at any time.

Information about the goods offered by MNM that is not attributable to MNM, as stated in catalogs, price lists, brochures, advertisements, trade fair stands, circulars, advertising mailings or other media (information material), is non-binding unless it has been expressly declared by MNM in writing to be part of the contract.

6. Prices, shipping costs, due date and default, discounts

The product prices stated by MNM at the end of the ordering process are total prices including all taxes, duties and other packaging, transport and shipping costs. The taxes and the other packaging, transport and shipping costs are shown separately during the ordering process, but are included in the total price.

If no discount has been expressly agreed, the customer is not entitled to deduct a discount. The purchase price is due upon acceptance of the order by MNM, unless otherwise agreed.

MNM accepts the following payment options:

PayPal

The customer will receive the details of the PayPal account to which payment is to be made after the order. The payment is processed by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use terms and conditions, available at https://www.paypal.com or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com.

Credit card (Mastercard, VISA, AMEX)

The amount is debited immediately upon conclusion of the contract. MNM instructs the customer's credit card company to collect the invoice amount on the day of the order.

Eps transfer (only for customers with an Austrian bank account)

Transfer by the customer upon conclusion of the contract.

Sofort by Klarna and purchase on account with Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case.

If you want to pay immediately with Klarna, you will be redirected to the Klarna website after placing the order. To pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, you must identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Google Pay, Apple Pay, Shop Pay

During the ordering process, you will be redirected to the provider's website before completing the order process. To complete the order process and pay the invoice amount, you must be registered there or first register and authenticate with your access data. You will then be redirected to our online shop, where you can complete the order process. Immediately after the order, we will request that the payment transaction be initiated. The payment transaction is carried out automatically by the respective provider.

In the event of default in payment, default interest at the statutory rate will be charged from the due date of the claim.

7. Delivery and transport damage

The delivery address provided by the customer is decisive for the delivery, unless otherwise agreed.

MNM will fulfill the order without unnecessary delay. We are legally obliged to deliver the goods to the consumer no later than 30 days after the contract is concluded.

The shipping costs incurred in each case are displayed transparently during the ordering process and shown in detail on the checkout page before the order is completed.

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately; a contact form is available on our website for this purpose. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, by doing so, you will help us to assert our own claims against the carrier or the transport insurance company.

8. Duty to provide information

The customer must truthfully provide MNM with all the information and facts necessary for the provision of the service. MNM must be informed immediately of any changes in circumstances, in particular changes to the customer's data (name, address, email, etc.).

9. Right of withdrawal

Consumers may withdraw from a distance contract within 14 days without stating any reasons. The information on the requirements and consequences of withdrawal are set out in the following instructions on withdrawal:

Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular to orders of the following goods:

• Goods that, due to their nature, have been inseparably mixed with other goods after delivery;

• Goods that are made to customer specifications or clearly tailored to personal needs, as well as

• goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

• goods that can spoil quickly or whose expiry date would quickly be exceeded (for example, quickly perishable food).

10. Voluntary extended right of withdrawal

We are so convinced of the quality and usefulness of our goods that we grant you a 30-day test period starting from delivery of the goods. During this test period, you can withdraw from the contract at any time, independently of the statutory right of withdrawal. Until the expiry of the period for the statutory right of withdrawal, these conditions apply exclusively.

In the event of withdrawal from the contract, which you must declare in writing, you are obliged to return the goods at your own expense to WeShip Fulfillment GmbH, at Frikusweg 10, 8141 Premstätten near Graz, Austria, or to hand them over; the date of dispatch is decisive for meeting the deadline. We can refuse to refund the purchase price until we have received the goods back. The goods must be complete and in their original packaging. You will be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods (eg excessive wear, excessive signs of wear, damage, etc.). The goods may only be tested indoors, with the greatest possible care taken to preserve their original condition and to avoid excessive signs of wear, dirt and damage. The customer has the opportunity to prove that no damage or significantly less damage has been caused.

The voluntary extended right of withdrawal granted shall not affect your statutory rights and claims. In particular, the statutory right of withdrawal and warranty claims shall remain unaffected.

11. Retention of title

MNM shall retain title to all goods delivered until all claims under the contract, including interest, unjustified discounts withheld by the client or deductions not recognized by MNM, costs incurred, etc., for whatever legal reason, have been paid. As long as a reservation of title exists and not all claims have been settled in full, the customer is obliged to treat the goods with care and to comply with the duty of care. Pledging or transfer of ownership by way of security before full payment is excluded. Should the goods be attached or seized or otherwise accessed by third parties, the customer shall point out that they are the property of MNM, inform the third party immediately and provide MNM with all information and documents necessary to enforce its ownership rights.

12. Transfer of risk

The general statutory provisions on the transfer of risk shall apply. If the customer has concluded the contract of carriage itself without using an option proposed by MNM, the risk shall pass as soon as the goods are handed over to the carrier.

13. Safety and usage instructions

The goods delivered by MNM are produced from a wide variety of materials. The customer is therefore responsible for informing themselves about the materials used by MNM before using the goods, if they have allergies, intolerances, etc.

14. Warranty

The general statutory provisions of warranty law shall apply. The warranty is to be understood as MNM's legally prescribed liability for defects in the purchased goods at the time of delivery to the customer.

15. Liability

Claims for damages shall become time-barred within 3 years of becoming known.

16. Choice of law

The applicability of Austrian law is agreed, excluding the provisions of the UN Sales Convention. It is pointed out that the consumer is subject to more favorable and mandatory standards of the law applicable at his or her habitual residence, which take precedence over the law referred to in this clause.

17. (Partial) returns of bundle orders

Calculation and validity of discounts

Discounts that are granted for a certain number of purchased products/pre-assembled bundle products lose their validity in the event of a return and will be charged to you when the refund is made. For example, if you purchase three products and use a discount code that applies to quantities of three or more products, the discount will be invalidated if you make a partial return. If, for example, you purchase a pre-packaged bundled product that includes the discounted price of the individual products included in the bundle, the discount will only be granted if the specified products are purchased together by purchasing the bundle. If some of the products in the bundle are returned, the bundle discount will no longer apply.

The discount will immediately cease to apply if the customer revokes the purchase contract for one of the items, as this will result in the minimum quantity for the volume discount set by MNM (defined differently on the respective product page depending on the product and bundle) no longer being met. In the event of the customer withdrawing from the purchase contract for a single item in an order with at least one discounted item, or returning it, only the discounted item will be refunded, so the quantity discount will automatically lapse if the minimum purchase of 2 items is no longer met due to the customer's withdrawal. We have to protect ourselves against the misuse of our quantity discount/bundle discount with this paragraph. The right of withdrawal for all items is of course not restricted by this.

18. gift certificates

The NatureHeroes gift certificates can be purchased through the online store. The gift certificates are valid only for the NatureHeroes online store (https://www.nature-heroes.com).

All NatureHeroes gift vouchers are valid for 3 years from the date of issue. They can be redeemed for all products in the online store. Depending on the information provided when the gift voucher is purchased, a minimum order value may or may not apply.

If a product that was purchased/paid for with a voucher is returned or refunded, the amount owed will be credited back to the voucher.

A payment of the voucher amount to a means of payment other than the voucher or a cash payment is excluded.

To redeem a voucher, its code is entered in the designated field before completing the order process. The amount stored for the voucher will be deducted from the order value. Remaining voucher amounts will be retained and can be redeemed as before by re-entering the voucher code during the next order process. Orders that exceed the voucher amount can be settled using the payment options offered.

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Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and return it to us.)

To

MNM Marketing GmbH
Grenzgasse 4a
8793 Trofaiach
Austria
E-Mail: support@nature-heroes.com

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

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Ordered on (*) .............................. / received on (*) ..............................

Name of consumer(s):

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Address of consumer(s):

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Signature of consumer(s).................................................................... (only for paper-based notification)

Date.....................................................

(*) Delete as applicable.