Terms of service
1. Scope of application
These GTC apply for the use of our online shop https://spilanthox.shop/en and for the provision of all services rendered by us via this online shop. By placing an order you agree to these GTC.
The online shop is aimed exclusively at consumers. A consumer means any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. Entrepreneurs acting in a business capacity are excluded from its use. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession.
- The use of our online shop https://spilanthox.shop/en and the offers available via it are only permitted for persons of at least 18 years of age.
2. Conclusion of contract and delivery of goods
Contracts via https://spilanthox.shop/en are concluded exclusively in German. You can select your preferred language via the language selection menu in the website header. When ordering via https://spilanthox.shop/en, your contractual partner is NB Green Cosmetics GmbH, Gaußstrasse 122a, 22765 Hamburg (Tel.: +49 (0)40 59 362 89 – 0), entered in the Commercial Register of Hamburg Local Court HRB No. 14573, represented by the Managing Director Stefan Flinspach, VAT ID No.: DE312004046.
By clicking the “Pay Now” button, you are making a binding order for the items in the shopping basket. Before submitting the order, you can view and change the information at any time. We will confirm receipt of your order by email to you after submission of the order. A binding contract materialises as soon as you submit your order and pay for the goods.
You agree to the assignment of the seller's claims for payment of the purchase price to third parties.
We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are described only in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. We will deliver orders to you within Germany. If working days are specified as deadlines, we understand this to mean all days from Monday to Friday inclusive, with the exception of public holidays.
- As a matter of principle, we strive to ensure the greatest possible availability of our online shop. However, due to maintenance work, updates or technical problems, we cannot guarantee constant availability. Furthermore, the availability of the online shop always depends on the availability and proper functioning of Shopify, over which we have no influence. In this context, we are not liable for any loss of data, orders not being placed or similar problems.
3. Prices and shipping costs
- The prices listed at the time of the order shall be valid. The prices quoted are inclusive prices, i.e. they include statutory applicable German VAT. The prices quoted are without guarantee. We reserve the right to change prices and, in the event of pricing errors, the right of withdrawal from or rescission/non-performance of the contract.
- The shipping costs incurred will be displayed to you during the ordering process and shall be borne by you.
- Payment of the purchase price and shipping costs shall be due immediately upon conclusion of the contract.
- The goods shall remain our property until the purchase price is paid in full.
- Our payment and shipping terms, which are part of these GTC and the contract with you, can be found here: **.
- Any refunds will be made to the account you used for payment. If you have paid by credit card or PayPal, the refund will be made to the associated credit card or PayPal account.
5. Legal liability for defects
The statutory liability for defects shall apply.
- An additional guarantee exists for the goods delivered by the supplier only if this was expressly stated in the order confirmation for the respective item.
Claims for damages asserted by the customer are excluded. This excludes claims for damages made by the customer for injury to life, limb or health, or for the breach of essential contractual obligations (cardinal duties) as well as liability for other damages caused by deliberate or grossly negligent violation of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those, the fulfilment of which is necessary to achieve the purpose of the contract.
In the case of a breach of essential contractual obligations, we shall only be liable for foreseeable damages, as per standard contract provisions, if caused through slight negligence, unless the customer's claims for damages relate to injury to life, limb or health.
The restrictions arising from clauses 6.1 and 6.2 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
Limitations of liability arising from clauses 6.1 and 6.2 shall not apply if we fraudulently conceal a defect or have assumed a guarantee for the quality of the goods. The same applies insofar as we and the customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act shall remain unaffected.
- We shall not be liable for delays due to force majeure (e.g. war, natural disasters, epidemic/pandemic, export or import embargoes, official decisions, disruptions in general traffic or similar events).
7. Final provisions
The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has their habitual residence, shall remain unaffected.
The contract shall remain binding in all other parts even if individual points are invalid. The statutory provisions shall take the place of the invalid points, if present. If this would constitute an undue hardship for one contracting party, the agreement shall become invalid in its entirety.
The European Commission provides a platform for online dispute resolution (ODR), which you can find at the following link: http://ec.europa.eu/consumers/odr/. We are not obligated nor prepared to participate in a dispute resolution process before a consumer conciliation board.
- We do not store the text of the contract after conclusion of the contract in such a way that it is then accessible to you. We would therefore ask you to proceed as described below and, if necessary, to save and/or print out all relevant texts. Our current GTC can be viewed at https://spilanthox/en. You can print or save this document using the usual function of your Internet service program (= browser: usually "File" -> "Save as"). You can also archive the GTC and the data of your order simply by either downloading the GTC and saving the data summarised on the last page of the ordering process in the online shop using the functions of your browser or by waiting for the automatic order confirmation which we will also send by email to the email address you have provided after completion of your order. This order confirmation email once again contains the details of your order and our GTC or the relevant conditions for our services and can be printed out or saved with your email program.