Shaoyun Natural Health & Beauty Terms and Conditions
for contracts with sales representatives/sellers and enterprises
under section 14 of the German Civil Code (BGB)
Our deliveries, services and offers are subject to these Terms and Conditions only. We do not accept any other terms and conditions of our contractual partners. By placing an order, the buyer agrees to our terms and conditions and waives any contradictory contractual terms of his/her own.
§ 1 Conclusion of contract
Our offers are subject to change and non-binding. By ordering, the buyer issues a binding declaration of intent to purchase the content of his or her shopping cart (contract offer, Online or Fax). The buyer is bound by the offer for a duration of 5 business days from the date we receive the order. We are entitled to accept this contract offer in part or in full within our specified delivery times by delivering the goods, with a separate order confirmation or in another suitable manner. Confirmation of receipt is not a confirmation of order. The contract of purchase comes into force only with our express or implied statement of acceptance, insofar as our statement of acceptance suffices. We are not obliged in any way to accept orders.
§ 2 Prices
(1) Unless otherwise agreed, the prices detailed in the order are valid.
(2) Unless otherwise stated, the prices include value-added tax applicable in Germany at the time of ordering and do not include the shipping rates detailed in the order. Value-added tax at the German rate is deducted from the price of deliveries to countries outside the European Union. The buyer is directly responsible for paying customs and import duties in such cases and indemnifies us from any associated claims.
(3) If we supply in instalments at the buyer's request, the associated additional costs will be borne by the buyer.
§ 3 Deliveries, force majeure
(1) Temporary obstacles to delay due to force majeure (e.g., war, trade restrictions, strike, traffic disruptions) and other unpredictable events not of our making justify us in delaying delivery until removal of the obstacle. We will inform the buyer without delay of any such obstacle. If the obstacle persists for more than two weeks beyond our usual delivery times, both we and the buyer are entitled to withdraw from the contract after expiration of a reasonable defined period.
(2) We do not deliver to post office boxes.
(3) If an ordered item is out of stock, we will send you an email with a new offer for a similarly priced item of similar quality.
(4) Fixed delivery times need to be arranged beforehand with our company. Arranged delivery times will be extended reasonably upon occurrence of any of the unpredictable events given in section 3 (1).
(5) In the event of delayed delivery, the buyer can set a reasonable time-limit for contract performance. The buyer is not entitled to withdraw from or cancel the contract or claim for compensation without extending the time-limit in this way. No liability is accepted for any other consequences sustained by the buyer.
§ 5 Payment
(1) Our invoices are payable by agreement by bank transfer, prepayment or cash on delivery, unless otherwise agreed. Shipping abroad is by prepayment only.
(2) In the event of prepayment, payment should be made within 3 business days after receipt of our order confirmation. The date we receive the payment is defined as the payment date. In the event of later payment, we will inform the buyer without delay if we are no longer able to accept the order (e.g. because of price increases in the interim) and will refund the amount paid. The same procedure applies if we accept only part of an order or decline an order even if payment is received on time.
(3) Payment is deemed to have been made only if we are able to access the sum.
(4) The buyer can exercise the right to withhold payment only if the buyer's counterclaim arises from the same contractual relationship. The buyer has the right to offset payment only if the buyer's counterclaim is undisputed, has been subject to a final ruling by a court of law, or has been accepted by us.
§ 6 Warranty
(1) In dealings with enterprises, the Shaoyun Natural Health & Beauty provides remedy for faulty goods in the first instance by repair or replacement according to the seller's preference. The Shaoyun Natural Health & Beauty is entitled to refuse the chosen type of rectification if the cost would be prohibitive and the other type of rectification would not involve significant disadvantages for the buyers.
(2) The returns assistant provided by us should be used for complaints. The goods should be returned in the original packaging or other suitable packaging at our expense.
(3) No warranty is assumed for damages arising from unsuitable or improper use by the buyer or third parties.
(4) Drawings, illustrations, technical data, weights, measures and performance descriptions are approximations. Illustrations are similar. We reserve the right to make changes in the properties of items prior to delivery provided they do not affect the quality of the goods.
(5)Section 377 of the German Commercial Code (HGB) applies to merchants. Enterprises must notify the seller about any obvious defects in the delivered goods immediately after their receipt; otherwise, warranty claims will be baseline.
§ 7 Retention of title
The goods remain our property until full payment of the purchasing price. In the event of associations between the reserved goods and other goods, we acquire co-ownership of the new item in proportion to the ratio of the invoice value of our goods to the invoice value of the other, related goods. The buyer holds the reserved goods or the item we co-own free of charge for us. Assignments or pledging for security of the goods which we (co)-own are unlawful. If third parties gain access to the reserved goods, the buyer will indicate our ownership and notify us without delay.
§ 8 Prohibition of assignment
Assignment of any receivables or claims against us to third parties is not allowed unless we explicitly agree to the assignment in the form of text. We are obliged to agree if the buyer demonstrates a legitimate interest in the assignment. The prohibition of assignment also applies to warranty claims; only our contractual partner is entitled to assert such claims.
§ 9 Data privacy
We have the right to store and process data about the buyer obtained in connection with the business relation, whether from the buyer or third parties, while ensuring compliance with the Federal Data Protection Act, to the extent that such storage and utilization is required for the business relationship. Statutory and official reporting obligations aside, this data will not be disclosed to third parties except with the buyer's consent.
§ 10 Final provisions
(1) The laws of the Federal Republic of Germany apply. The terms of the UN Sales Convention do not apply.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the legal venue for all disputes arising out of this contract is the competent court at the seller's place of business, unless exclusive jurisdiction applies. The seller also has the right to sue the merchant in the competent court at its place of residence or business. Competence on the basis of exclusive jurisdiction applies notwithstanding.
(3) If any of the above provisions is partly or wholly unenforceable, the remaining clauses or parts of clauses will continue to apply notwithstanding.
Last revised: 19 June 2016 © Shaoyun Natural Health & Beauty
Shaoyun Natural Health & Beauty • Korngasse 28 • D-67346 Speyer
VAT ID No.: DE 275372278
Phone: +49 (0) 6232 8771155
Fax: +49 (0) 6232 877 3349
Contact us Mondays to Fridays from 10:00 AM to 5:00 PM.
Please sign and return the form.
By fax: +49 (0) 6232 877 3349
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Shaoyun Natural Health & Beauty
By signing / ordering, you unreservedly accept our Terms and Conditions.