Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Contract Term and Termination of Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redeeming Promotional Coupons
11. Redeeming Gift Certificates
12. Applicable Law
13. Place of Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of MainTea GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.

1.3For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

1.4For the purposes of these General Terms and Conditions, a “business entity” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

1.5Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-time delivery or the purchase of goods via ongoing deliveries (hereinafter “Subscription Agreement”). Under a subscription agreement, the seller undertakes to deliver the goods contractually owed to the customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process.

2.3The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-full,or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5If the customer selects “Amazon Payments” as the payment method, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available athttps://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the order process, the customer simultaneously issues a payment order to Amazon. In this case, the seller hereby declares its acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., by email, fax, or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.7Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8The German language is available for the conclusion of the contract.

2.9Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller's notice of withdrawal.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the seller’s control and must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online store.

4.4If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5If a payment method offered through the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller advances payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.6If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account that has been activated for use with “SOFORT,” must authenticate themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is processed by “SOFORT” immediately thereafter, and the customer’s bank account is debited. The customer canfindmore detailed information about the “SOFORT” payment method online athttps://www.klarna.com/sofort/.

4.7If a payment method offered through the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered through Shopify Payments are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer may be notified of these separately, if applicable. Further information about “Shopify Payments” isavailableonline athttps://www.shopify.com/legal/terms-payments-de.

4.8If a payment method offered through the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Stripe are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Stripe isavailableonline athttps://stripe.com/de.

4.9If you select a payment method offered through the "Klarna" payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:

https://teeimglas.de/pages/zahlungsinformationen

5) Delivery and Shipping Terms

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5For logistical reasons, pickup is not possible.

6) Contract Term and Termination of Subscription Contracts

6.1The right to terminate the contract for cause remains unaffected. Cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

6.2Notices of termination must be given in writing or in text form (e.g., by email).

7) Retention of Title

If the seller makes an advance delivery, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise specified in the provisions below, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

8.1If the customer is acting as a business,

• The seller may choose the type of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery of the goods;
• For used goods, the right to claim for defects is excluded;
• The statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

8.2The limitations on liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that, when used in the manner in which they are normally intended, were used in a structure and caused its defectiveness,
• regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3Furthermore, with respect to business entities, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.

8.5If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so has no effect on the customer’s statutory or contractual claims for defects.

9) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

9.1The seller shall be fully liable on any legal grounds

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

9.2If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the Customer may reasonably rely.

9.3In all other respects, the Seller's liability is excluded.

9.4The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

10) Redeeming Promotional Coupons

10.1Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the customer (hereinafter “promotional coupons”), may only be redeemed in the Seller’s online store and only during the specified period.

10.2Certain products may be excluded from the coupon promotion if the terms of the promotional coupon specify such a restriction.

10.3Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

10.4Only one promotional coupon may be redeemed per order.

10.5The value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.

10.6If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

10.7The value of a promotional coupon will not be paid out in cash, nor will it accrue interest.

10.8The promotional coupon is non-refundable if the customer returns goods paid for in whole or in part with the promotional coupon under their statutory right of withdrawal.

10.9The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

11) Redeeming Gift Certificates

11.1Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

11.2Gift certificates and any remaining balance on gift certificates may be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

11.3Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.

11.4Only one gift certificate may be redeemed per order.

11.5Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.

11.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

11.7The balance on a gift certificate will not be paid out in cash, nor will it accrue interest.

11.8The gift certificate is intended solely for use by the person named on it. The gift certificate may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective certificate holder.

12) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

14) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.