General Terms and Conditions of By Native GmbH
1. scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2. contracting parties, conclusion of contract, correction options
The purchase contract is concluded with By Native GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. delivery conditions
In addition to the stated product prices, shipping costs may still apply. You can find out more about shipping costs here.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
The following payment methods are generally available in our shop:
You enter your credit card details in the order process. Your card will be charged immediately after you place your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further information on the respective payment option and in the order process.
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). The account will be debited before the goods are dispatched.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the order process.
- Purchase on account via Klarna: The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
6. retention of title
The goods remain our property until full payment has been made.
7. transport damage
If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8 Warranty and guarantees
Defect liability law
The statutory liability for defects shall apply.
Guarantees and customer service
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10 Choice of law, place of performance, place of jurisdiction
German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
11.Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. codes of conduct
We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/leistungen/vertrauensloesungen/kaeufersiegel/kaeufersiegel-zertifizierungskriterien
We have submitted to the Code of Honour of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
Right of withdrawal for consumers
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The revocation period is 30 days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly.;
- the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must send us (By Native GmbH, Auf dem Damm 8, 21647 Moisburg, Phone No.: +49 (0) 4165 2169240, E-mail address: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
You can fill out and submit the sample cancellation form electronically. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you for goods that can be sent by parcel until we have received these goods back or until you have provided proof that you have returned these goods, whichever is the earlier.
We will pick up the goods that cannot be shipped by parcel.
You must return or hand over the goods that can be sent by parcel post to us without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. or to hand them over. The deadline is met if you send the goods that can be shipped as a parcel before the expiry of the period of 14 days.
You shall bear the direct costs of returning goods that can be sent by parcel post. We shall bear the costs of returning goods that cannot be sent by parcel post.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
If you wish to cancel the contract, please complete and return this form.
By Native GmbH, Auf dem Damm 8, 21647 Moisburg
E-mail address: email@example.com :
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for communication on paper)
(*) Delete as applicable.
Newsletter New Registration Voucher
The 10% voucher is unique and can only be redeemed on by-native.de for the first order. It is valid from a merchandise value of 50 € (excluding shipping costs) and not in conjunction with other vouchers or promotions. A cash payment or refund of the voucher value is not possible.
last update: 31.08.2023