General terms and conditions

General Terms and Conditions (GTC)

1. Scope
These Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in exercise of their trade, business or profession.

For businesses, the following applies: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Herbathek Jens Jakob.

By placing the products in our online shop, we make a binding offer to conclude a contract for these products. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the order process. The contract is concluded when you accept the offer for the products in the cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by e-mail.

3. Contract Language, Storage of Contract Text
The available languages for concluding the contract are German and English.

We store the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Subject of the Contract
4.1 Product Description
The applicable product description is considered an essential part of the contract.

4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to point out the following: Due to individual screen settings (e.g. resolution and brightness), slight deviations between the displayed and actual product colors may occur. If unsure, please contact us.

5. Delivery Conditions
5.1 Shipping Costs
Standard shipping is free of charge for orders of €59 or more including VAT.

An express delivery surcharge of at least €22 will apply. Further details are provided with the express delivery options.

5.2 Delivery Options
We deliver to the address provided during the order process.

We only deliver via shipping. Self-collection is not possible.

6. Payment
6.1 Prices
The prices stated at the time of the order apply. These are total prices and include statutory VAT.

6.2 Due Date and Payment Default
The price is due upon conclusion of the contract unless otherwise stated in the payment terms.

For consumers: In case of delayed payment, we reserve the right to charge a fee of €1.50 for the second and any subsequent reminder. You are entitled to prove that a lesser damage has occurred. Further claims remain unaffected.

For businesses: In case of default, we reserve the right to charge the statutory default interest of nine percentage points above the base interest rate and a flat fee of €40. Further claims remain unaffected.

6.3 Payment Methods
The following payment methods are generally available in our shop:

Advance Payment
We will send you our bank details in a separate email and deliver the goods after payment is received.

Klarna
In cooperation with Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Klarna is available only to consumers. Unless otherwise stated, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is available during checkout.

• Klarna Invoice: Payment is due 14 days after shipping and receipt of the invoice.

• Klarna Direct Debit: You grant Klarna a SEPA mandate; Klarna will inform you of the debit date (prenotification). The debit will occur after shipping.

• Klarna Installments: Pay in monthly installments of at least 1/24 of the total amount, minimum €6.95.

• Klarna may offer additional payment options at its discretion, which are governed by your relationship with Klarna.

PayPal
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer the following PayPal services. Unless otherwise specified, payment via PayPal does not require registration. More information is provided during checkout.

• PayPal: Log into your PayPal account and confirm the payment. The transaction is processed immediately after the order.

• Credit Card via PayPal: Your card is charged after dispatch.

• Direct Debit via PayPal: Requires address and credit check. You grant PayPal a SEPA mandate and will be informed about the debit date (prenotification).

• Invoice: Payable within 7 days of receiving the goods and invoice by transfer to the specified account. Subject to a successful credit check.

7. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

8. Retention of Title
Goods remain our property until full payment is received.
For businesses: Ownership remains with us until all claims from the ongoing business relationship are settled. You may resell the goods in the ordinary course of business; all claims resulting from such resale are assigned to us in advance in the amount of the invoice value. You remain authorized to collect the claims, but we may collect them ourselves if you default on your obligations. Upon request, we will release securities if their value exceeds our claims by more than 10%.

9. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such damage to the carrier immediately and contact us as soon as possible. Failure to report does not affect your legal rights but helps us to assert our claims with the carrier or insurer.

10. Warranty and Guarantees
10.1 Liability for Defects
Unless otherwise expressly agreed, statutory liability for defects applies.

Limitations do not apply in cases of:

• injury to life, limb or health;

• intentional or grossly negligent breach of duty;

• fraudulent concealment of a defect;

• breach of essential contractual obligations (cardinal duties);

• under a warranty, if agreed;

• claims under the Product Liability Act.

For businesses: Only our product specifications and the manufacturer's descriptions included in the contract apply. Public statements or advertising by the manufacturer are not binding. For businesses, the warranty period for new goods is one year from the transfer of risk.

Statutory limitation periods for recourse claims under § 445a BGB remain unaffected.

Note for merchants:
The inspection and notification duties under § 377 HGB apply. Failure to notify will result in the goods being deemed accepted unless the defect was not detectable on inspection. This does not apply in cases of fraud.

10.2 Guarantees and Customer Service
Information on any applicable additional guarantees and conditions can be found on the product pages and special information pages in the online shop.

Customer Service is available Monday to Friday from 9:00 am to 12:00 pm and 2:00 pm to 5:00 pm at +49 (0)30 25 79 70 21 or by email at kundenservice@herbathek.com

11. Liability
We are fully liable for damages caused by us, our legal representatives or vicarious agents:

• in cases of injury to life, body or health;

• in cases of intentional or grossly negligent breach of duty;

• under a warranty, if agreed;

• under the Product Liability Act.

For breaches of essential contractual obligations (cardinal duties) due to slight negligence, liability is limited to the foreseeable damage typical of the contract. In all other cases, liability for damages is excluded.

12. Agreement for the Use of Trusted Shops Buyer Protection
Orders can be secured up to €100 for free through Trusted Shops SE Buyer Protection. Additional protection is available for a fee via a guarantor. Terms of Trusted Shops Buyer Protection can be found [here]. Buyer protection is activated by clicking the respective button in the “Trustcard” pop-up after placing an order. If you are already registered, protection is automatically applied. The Trustcard accesses temporary browser data including a hash of your email, order number, and amount. Further privacy information is available in the Trusted Shops protection terms.

13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found [here].

Important note: The ODR platform will be permanently closed on July 20, 2025. Submission of complaints will be disabled from March 20, 2025. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions
If you are a business, German law applies excluding the UN Sales Convention.

If you are a merchant under the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our place of business.