Conditions

General Terms and Conditions (GTC) and Consumer Information

§1 – Provider, inclusion of the General Terms and Conditions

(1) Suppliers and contractual partners for the products offered in our online shop
“www.avocadoslimeez.com” is Nyna Horizon GmbH (hereinafter
(hereinafter referred to as “provider”).

(2) These general terms and conditions are an integral part of every contractual
Agreement between the provider and the respective customer.
Any conflicting general terms and conditions of the customer are hereby rejected.

§2 – Scope and general information

(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the provider and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is rejected. The customer is a consumer if he concludes the contract for purposes that cannot predominantly be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

§3 - Conclusion of contract and offer of goods

(1) The contract is concluded with:

(2) The provider offers the goods presented in this online shop for sale. All offers in the provider's online shop represent a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. The selection of goods, conclusion of the contract and contract processing take place in German.

(3) The essential characteristics of the goods are set out in the respective product description provided by the provider.

(4) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "Shopping cart" button or the "Shopping cart" symbol, the customer receives an overview of the selected products. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart.

(5) By sending the order request via the "Buy now" button, the customer accepts the purchase offer and thus also the applicable general terms and conditions. The provider confirms the conclusion of the contract by email (contract and order confirmation).

(5.1) After conclusion of the contract, the provider sends the customer the content of the
concluded contract (contract text) by email. At the same time, the provider saves the contract text in its electronic data processing. It is the customer's responsibility to keep the email with the contract text in their own interest.

(6) Before accepting the purchase offer, the customer will be shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and to change them, as well as to cancel the order altogether.

§4 – Prices and Payment

(1) The prices stated are retail prices plus shipping costs. The fees include statutory sales tax.

(2) Information on shipping costs can be found on the website and in the “Checkout” area.

(3) To pay for his purchase, the customer can use the following payment methods: Amex, Apple Pay, Google Pay, Klarna, Maestro and Visa card, SOFORT and PayPal.

§5 – Shipping, delivery time and transport damage

(1) Information on delivery times can be found in the FAQ on the website. A figure in days refers to the period from payment by the customer to delivery of the shipment.

(2) If the customer orders several goods separately within a short period of time (up to several days), these goods will be delivered in one shipment; the delivery time for the goods with the longest delivery time applies to the joint shipment. If the customer wishes to have a specific product delivered in advance with a shorter delivery time, he must order this product separately.

(3) If the customer provides an incorrect or incomplete address and thus causes the delivery to fail, a new delivery attempt will only be made if the customer bears the direct costs of the re-shipment. These costs correspond to the shipping costs agreed upon when the contract was concluded.

(4) Delivery to the shipping company will take place no later than 3-5 days after receipt of payment. The delivery time is usually 2-7 working days, but depends on the shipping company. The provider is therefore not liable for longer delivery times.

(5) The seller will indicate any possible deviations in delivery times on the respective product page.

(6) Delivery is only possible within the EU and Switzerland.

(7) If the delivery and its contents have been delivered with obvious transport damage, the customer must report this to the provider immediately within a few days.

§6 – Warranty for material defects

(1) The customer has warranty claims (also known as liability for defects) in accordance with the statutory provisions.

(2) A guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

(3) The customer can submit complaints and claims for defects to the contact person specified in the provider identification.

§7 – Retention of title

(1) The delivered goods remain the property of the Seller until full payment has been made.

§8 – Liability

(1) The statutory provisions shall apply.

§9 – Right of withdrawal

(1) A customer who purchases as a consumer has a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

(2) In case of exercising the right of withdrawal, the provider does not bear the costs of return.

§10 – Out-of-court dispute settlement

(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at the address ec.europa.eu/consumers/odr.

(2) We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§11 – Subject matter of the contract

(1) The subject matter of the contract are the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved, particularly with regard to the availability of goods.

(2) The quality of the goods ordered is determined from the product descriptions in the online shop. The color and visual representation of the goods on the website may vary slightly depending on the Internet browser used and the customer's monitor settings; these deviations are technically unavoidable. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.

(3) If no copies of the product selected by the customer are available at the time of the order, the provider will inform the customer of this. It is up to the customer whether he or she waits for the product to become available or requests a refund.

§12 – Final provisions

(1) The contract language is German.

(2) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. This choice of law only applies to consumers to the extent that the customer is not deprived of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence.

(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers permanently residing abroad if the consumer's national law contains provisions from which no contractual derogation may be made to the detriment of the consumer.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.

(5) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.