TERMS OF USE

General Terms and Conditions with Customer Information

Last Update: 22. September 2024

Table of contents

• Validity of the GTC
• Contact and service details
• General Information on Offers and Orders
• Ordering Process and Conclusion of Contract
• Contract Text and Contract Language
• Customer Account
• Prices and Shipping Costs
• Payment Methods and Terms
• Purchase on account
• Delivery, Availability of Goods
• Sale of Vouchers
• Promotional vouchers
• Instructions on Withdrawal
• Warranty and Liability
• Change of GTC
• Final provisions
• Dispute Resolution

1. Validity of the GTC

The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between unsaturated Inh. Tamara Nohl, Gensinger Str 78, 10315 Berlin, Germany (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.

All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.

A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

"Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.

2. Contact and service details

Please note the following information about the availability of our customer service.

E-mail address: service@unsaturated.de

Contact form: https://unsaturated.de/pages/contact-info

3. General Information on Offers and Orders

The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.

Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

4. Ordering Process and Conclusion of Contract

The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.

By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

5. Contract Text and Contract Language

The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.

If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.

The contract languages are German and English, contracts can be concluded in these languages.

6. Customer Account

The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.

To place an order, Customers must create a Customer account. Ordering as a Guest is not possible.

Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.

Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.

The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.

Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.

From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

7. Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

All prices are final prices. The seller is subject to the sales tax small business regulation and therefore does not specify sales tax, or VAT.

Information page with details of delivery and shipping costs: https://unsaturated.de/pages/shipping-returns

8. Payment Methods and Terms

When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.

If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.

Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.

Klarna - Payment is made through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") by means of the Klarna payment method provided or selected by Customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com and are communicated to the Customer during the payment process.

Klarna PayNow credit card - The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.

Klarna PayNow Direct Debit - The Customer issues a SEPA Direct Debit Mandate to Klarna. By issuing the SEPA Direct Debit Mandate, Klarna is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").

Klarna Invoice/ Pay Later - Requires a successful verification of the address and creditworthiness of the Customer by Klarna. In the case of a purchase on account, customers will receive the goods first. The payment term is 14 days, unless otherwise agreed in the payment process. The Vendor assigns his payment entitlement to Klarna. A debt-discharging payment can only be made to Klarna according to Klarna's conditions.

Klarna Installments - A requirement for Klarna Installment Purchase is a successful check of the Customer's address and creditworthiness by Klarna. The Vendor assigns his payment claim against the Customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. For more information on Klarna installment payment, in particular the installment amount and the minimum amount of the installment payment, as well as the terms and conditions of Klarna, please refer to Klarna's information, which is also provided to the Customer during the payment process.

Klarna Sofortüberweisung (Sofort) - The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information: https://www.klarna.com/sofort/.

PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.

PayPal Express - The customer pays the amount owed by means of the PayPal transaction.

PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.

PayPal Plus (Direct Debit) - The Customer can pay by means of PayPal's direct debit procedure even if he does not have a PayPal account. The Customer issues a SEPA direct debit mandate to PayPal. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification").

PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.

PayPal Plus (Purchase on account) - The Customer can make a purchase on account via PayPal even if he does not have a PayPal account. Prerequisite is a successful verification of the address and creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected, or stated payment term of PayPal. The terms of use of PayPal for the purchase on account apply.

PayPal Credit - Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal's terms and conditions.

Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.

Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.

9. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

10. Delivery, Availability of Goods

The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.

If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.

If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.

Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

11. Sale of Vouchers

These GTC apply accordingly to the sale of vouchers embodying material or monetary values.

The Customer will be provided with the possibility to download the ordered vouchers.

The ordered vouchers will be sent to the Customer at the e-mail address provided.

The ordered vouchers are provided to the Customer in the Customer Account, provided that a Customer Account has been created.

The ordered vouchers are provided to the Customer as output on the screen.

12. Promotional vouchers

"Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.

Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.

Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.

Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.

Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.

Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.

If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

13. Instructions on Withdrawal

The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.

The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.

14. Warranty and Liability

The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.

15. Change of GTC

The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.

The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

16. Final provisions

The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

17. Dispute Resolution

We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.