our terms and conditions
Terms of Service
Arboskratom-Mussgnug & Brütsch Gbr
1. Validity
1.1. These general terms and conditions (hereinafter "GTC") apply to all offers and sales of goods and services by
Arboskratom-Mussgnug & Brütsch Gbr
Silcherstrasse 16
78532 Tuttlingen
+49-17692697789
info@arbos-germany.de
in particular via the online shop under the domain "arbos-germany.de", via electronic marketplaces (especially Amazon) and via other electronic channels or platforms where the ordering process takes place online using an order form.
1.2. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed to their validity. Without our express written consent, deviating general terms and conditions of the customer are not recognized even by the acceptance of his order and do not apply even if we have not expressly objected to them in individual cases.
1.3. Versions of these terms and conditions in a language other than German are for informational purposes only. Only the German-language version is authoritative for the interpretation.
2. Orders, conclusion of contract for electronic orders
2.1. The customer can select products from our range or have them configured and collect them in a so-called “shopping cart” using the “Add to shopping cart” button. The customer submits a binding request to purchase the goods in the shopping cart (“order”) by clicking on the “Order with obligation to pay” or “Buy” button.
2.2. Before sending the order, the customer can change and view the data at any time. However, the order can only be placed and transmitted if the customer has accepted these contractual conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.
2.3. We then send the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that we have received the customer's order and does not represent acceptance of his application or his order.
2.4. The contract only comes into being through our declaration of acceptance, which is sent to the customer in a separate email (order confirmation or shipping confirmation). Our declaration of acceptance can also be made by actually shipping the goods. If we do not issue a declaration of acceptance (by separate e-mail or shipment of goods) within five working days of receipt of the order, the customer's order has not been accepted.
2.5. In the e-mail of the order or shipping confirmation or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) will be sent ("Confirmation of Contract"). The text of the contract is stored in compliance with data protection.
2.6. If the goods ordered are not available at the time of the order, we reserve the right not to accept the order, so that no contract is concluded. We inform the customer about this. Any payments already made will be reimbursed to the customer immediately.
2.7. Our information on the subject of the delivery or other service (e.g. weights, dimensions, utility values, technical data) and our representations of the same (e.g. drawings and illustrations) are only approximately relevant, unless usability for the contractually intended purpose requires an exact match. They are not guaranteed quality features, but descriptions or identification of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible as long as they do not impair the usability for the contractually intended purpose, do not significantly change the delivery item and the changes are not unreasonable for the customer.
3. Products with the ingredient "Kratom"
3.1. The substance "kratom" is the leaves of the Mitragyna speciosa tree, which is also known colloquially as the kratom tree. Our general information about the substance "Kratom" without reference to a product offered by us - in particular about its use in the countries of origin and/or an ingestion effect attributed by third parties - only serves to impart general knowledge about the substance itself and expressly not the Description of a product offered by us. "Kratom" is not subject to the German Medicines Act.
3.2. All "Kratom" products offered by us are only for the mixing of dyes. They are expressly not for therapeutic purposes, they are not cosmetics and they are not food. In particular, none of the "Kratom" products offered by us are intended for any ingestion into the body; we expressly advise against taking it.
3.3. The distribution of "Kratom" is subject to restrictions and/or bans in some countries. We reject orders for products containing kratom from such countries.
4. Prices, Payment
4.1. Our prices include the applicable statutory VAT.
4.2. The shipping costs are indicated to the customer in the order form. Any shipping costs specified separately in the order form are to be borne by the customer in addition to the price of the goods.
4.3. The payment methods displayed at the end of the ordering process are available to the customer. Other (not shown) payment methods are excluded.
4.4. The respective data protection regulations of the respective payment service provider apply to the personal data processed by the selected payment provider.
4.5. If a debit from the customer's account by direct debit fails for reasons for which the customer is responsible, the customer must reimburse the bank processing fees incurred as a result of the return debit.
5. Dispatch, transfer of risk, delivery or service time
5.1. When the goods are dispatched, the risk of accidental loss and accidental deterioration of the goods passes to the customer at the time of dispatch.
5.2. Compliance with an agreed delivery or service time presupposes that the customer has fulfilled all his (cooperation) obligations immediately or, if necessary, within the agreed periods; the objection of the non-fulfilled contract remains unaffected. If the customer does not meet his obligations in good time, the performance period is extended appropriately.
5.3. If non-compliance with the performance deadline is due to force majeure, labor disputes or other events beyond our control, the delivery or performance time will be extended appropriately. We will inform the customer of any delays that become apparent.
5.4. In the event of default of acceptance or other culpable violation of the customer's obligation to cooperate, we are entitled to compensation for the resulting damage, including any additional expenses. Further claims remain reserved. In this case, the risk of accidental loss or accidental deterioration of the goods passes to the customer at the time of default in acceptance or other breach of duties to cooperate.
5.5. In the case of contracts with consumers within the meaning of § 13 BGB for the delivery of goods or the provision of services, which are concluded exclusively by letter, catalogues, e-mails, Internet, telephone calls or other means of distance communication (distance sales contracts), the customer is not entitled to a value replacement before exercising his right of withdrawal handling of the purchased item, which leads to deterioration of the goods and goes beyond the measures that are necessary to compensate for lost opportunities to gain knowledge in bricks-and-mortar retail. In this context, we would like to point out that opening sealed bags in which products containing kratom are delivered by us can lead to contamination of the products and thus to the customer being obliged to pay compensation.
6. Retention of Title
The goods remain our property until all payments owed by the customer have been received in full.
7. Liability
7.1. Unless otherwise stated in the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
7.2. We have unlimited liability
(a) in the event of intent or gross negligence,
(b) for damage resulting from injury to life, limb or health,
(c) according to the provisions of the Product Liability Act and
(d) to the extent of any guarantee given by us.
7.3. In the event of a slightly negligent breach of an obligation, we are only liable in the cases specified in Section 6.2. b) to d) and in the event of a breach of a contractual obligation, compliance with which is essential for achieving the purpose of the contract and compliance with which the customer can regularly rely on (cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, we are only liable for the foreseeable damage that is typical for the contract, unless the customer claims for damages in accordance with Section 6.2. b) to d).
7.4. The limitation of liability according to clause 7.3. This also applies to breaches of duty by or in favor of persons whose fault we are responsible for according to statutory provisions, if claims are asserted directly against these persons. This does not apply if a defect has been fraudulently concealed.
8. Warranty for Goods Defects
8.1. In the case of contracts with consumers within the meaning of § 13 BGB, the statutory limitation period of two years from handover of the goods applies.
8.2. If the customer is an entrepreneur within the meaning of § 14 BGB, i.e. the customer acts when placing his order in the exercise of his commercial or self-employed professional activity, the following restrictions apply with regard to the warranty for defects:
8.2.1. A prerequisite for any warranty rights of the customer is the proper fulfillment of all inspection and notification obligations under Section 377 of the German Commercial Code (HGB).
8.2.2. If the customer does not have the statutory obligation to examine and give notice of defects, the warranty rights for entrepreneurs shall lapse
a) obvious defects that have not been reported to us in writing within 7 working days of receipt of the delivery;
b) non-obvious defects that have not been reported to us in writing within 7 working days of discovery.
8.2.3. Entrepreneurs' claims for defects become statute-barred within 12 months of delivery of the goods. Excluded from this are those listed in Section 6.2. falling claims for damages.
8.2.4. The legal provision of § 444 BGB remains expressly unaffected even in the case of the customer trading as an entrepreneur.
8.3. If the customer is a legal entity under public law or a special fund under public law within the meaning of § 310 BGB, the regulations listed in sections 8.2.2 to 8.2.4 apply accordingly.
9. Offsetting, Retention
9.1. The customer is only entitled to offset against our purchase price claim if his counterclaims are undisputed or have been legally established.
9.2. The customer is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.
10. Final Provisions
10.1. Contracts within the scope of these General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
10.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and us is the registered office of our company.
10.3. The contract remains binding in its remaining parts even if individual points are legally ineffective. The statutory provisions shall take the place of the ineffective points, if any.
10.4. The German version of these General Terms and Conditions is decisive for understanding the provisions. The delivery or publication of a version of these terms and conditions in another language merely represents a service (without legal effect) by us.
10.5. If the customer acts as a consumer and has his habitual residence in a country other than Germany, Section 10.4 applies. not if we have sent or published a version of the General Terms and Conditions to the customer in his national language. In this case, the version of the General Terms and Conditions in the respective national language of the customer applies.
11. Codes of Conduct / Out-of-court Dispute Resolution
11.1. We are not subject to any special codes of conduct.
11.2. We do not take part in a dispute settlement procedure before a consumer arbitration board.
In accordance with EU Regulation No. 524/2013, however, we are obliged to point out that the European Commission has set up a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/ (so-called OS platform ) operates
