"MOOD Natural Products GmbH - Consumer"

§ 1. Preamble

1. www.mood-naturals.com is an internet portal with an online shop for skin care and cosmetic products from MOOD Natural Products, owned by MOOD Natural Products GmbH. Goods ordered via the online shop www.mood-naturals.com are currently only delivered to delivery addresses within the EU.
2. These general terms and conditions apply to the products offered on www.mood-naturals.com exclusively for consumers. A consumer in the legal sense is any natural person who conducts legal transactions without pursuing a commercial or independent professional activity.
3. The internet portal www.mood-naturals.com with online shop for skin care and cosmetic products of the brand MOOD Natural Products is managed by the company MOOD Natural Products GmbH under the name MOOD Natural Products.

E-mail: info@mood-naturals.com

§ 2 Contracting parties, conclusion of contract and storage of contract text

1. The offer from www.mood-naturals.com is non-binding and does not constitute a legally binding offer. The products are photographed in the online shop www.mood-naturals.com and are used to submit an offer.
2. The customer can select various products or product combinations from the online shop and collect them using the "Add to shopping cart" button. By clicking the "Order with payment" button, he submits a binding request to purchase the products in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application. The current terms and conditions can be accessed and downloaded at any time.
3. MOOD Natural Products GmbH then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt documents that the customer's order has been received by MOOD Natural Products GmbH and represents acceptance of the application.
4. A binding contract can also be concluded beforehand as follows:
   • If you have chosen to pay by credit card, the contract is concluded at the time the credit card is charged.
   • If you have chosen to pay by direct debit, the contract is concluded at the time the account is debited.
   • If you have chosen PayPal as your payment method, the contract is concluded at the time you confirm the payment order to PayPal.
   • If you have chosen the Sofortüberweisung payment method, the contract is concluded at the time of confirmation of the payment order to SOFORT AG.
5. The contract text is not stored by us.

§ 3 Delivery, prices and shipping costs

1. All prices stated on the website and in the online shop at www.mood-naturals.com are final prices and include statutory sales tax plus shipping costs.
2. MOOD Natural Products GmbH will ship the purchased goods to the delivery address specified in the order form.
3. Shipping takes place within Germany with DHL in 1-2* working days and within Austria with PostNL in 2-4* working days. For orders after 1:00 p.m. or on Saturdays, the delivery time is about one day longer.
   *Estimated delivery time based on experience – no guarantee.
4. Compliance with agreed delivery dates requires the timely and proper fulfillment of the customer’s obligations.
5. If at the time of the customer's order there are temporarily no copies of the product selected by them, these products are generally not offered in the online shop for this period. If, due to any circumstances, the customer orders a product that is not in stock, MOOD Natural Products GmbH will inform the customer of this in a separate email. In this case, MOOD Natural Products GmbH is entitled to partial delivery. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, MOOD Natural Products GmbH is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.
6. If a product is permanently unavailable, MOOD Natural Products GmbH will refrain from confirming acceptance. In this case, MOOD Natural Products GmbH is entitled to withdraw from the contract. Services already provided by the customer will be reimbursed. MOOD Natural Products GmbH will offer the customer a comparable product if necessary.
7. Costs arising after the purchase due to demands such as customs duties or other taxes (plus the VAT already included) are to be borne by the customer.

§ 4 Retention of title, offsetting, right of retention

1. The delivered products remain the property of MOOD Natural Products GmbH until all payments from the business relationship have been received.
2. The customer is only entitled to set-off if his counterclaims have been legally established or have been recognized by MOOD Natural Products GmbH.
3. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Terms of payment

1. The customer can pay in advance, by invoice, PayPal, by credit card or by direct bank transfer. MOOD Natural Products GmbH reserves the right to exclude certain payment methods. The currently permitted payment methods can be found on the MOOD Natural Products website.
2. If the customer chooses the payment method "prepayment", MOOD Natural Products GmbH will inform the customer of the account details when sending the invoice. The invoice amount must then be transferred to the specified account within 10 days. If payment is made by credit card, the customer's account is debited immediately. In this case, the customer will receive an email with the payment confirmation. In the event of a chargeback, the customer must bear the costs incurred by MOOD Natural Products GmbH.
3. Payment is due immediately upon conclusion of the contract.

§ 6 Right of withdrawal

If the customer wishes to cancel, he or she must contact MOOD Natural Products by telephone at the number below or by email. Email: info@mood-naturals.com

§ 7 Reimbursement in case of cancellation

MOOD Natural Products GmbH has 14 days from receipt of the cancellation or, in the case of a voluntary declaration of return, from receipt of the goods, to refund the money; according to Section 357 I BGB, Section 286 Paragraph 3 BGB applies here. The specified period begins with the consumer's declaration of cancellation or the return of the goods by the consumer. With regard to a refund obligation of the consumer, the period begins with the submission of this declaration, with regard to a refund obligation of the entrepreneur, with its receipt.

§ 8 Damage during transport

The customer is required to report any obvious transport damage directly to the deliverer upon delivery and to inform MOOD Natural Products of any transport damage. MOOD Natural Products GmbH will assert its own claims against the deliverer in this regard. A corresponding report of transport damage does not invalidate the customer's warranty rights against MOOD Natural Products GmbH.

§ 9 Warranty for defects

1. MOOD Natural Products GmbH guarantees that the goods sold are free of defects upon delivery. If a defect occurs within six months of the purchase and delivery of the goods, it is assumed that it was already present upon delivery. Otherwise, the customer bears the burden of proof that a defect existed upon delivery.
2. If the goods are defective upon delivery, the buyer has the choice of subsequent performance (repair / replacement delivery). In the case of a replacement delivery, the customer is obliged to return the defective goods within two weeks at MOOD Natural Products GmbH's expense. If the type of subsequent performance chosen by the customer is disproportionate, MOOD Natural Products GmbH can carry out the other type of subsequent performance. If this is also disproportionate or MOOD Natural Products GmbH is unable to do so, or if the subsequent performance fails, the customer is entitled to withdraw from the contract or demand an appropriate reduction in the purchase price. Errors and damage resulting from improper use, repairs or modifications to the goods are excluded from the warranty.
3. The customer's claims for defects expire within two years. The statutory time limits apply to claims for damages.

§ 10 Liability

1. In all cases in which MOOD Natural Products GmbH is obliged to pay compensation for damages or expenses due to contractual or legal claims, MOOD Natural Products GmbH is only liable if it or its senior employees or vicarious agents are guilty of intent, negligence or injury to life, body or health. This does not affect liability for the culpable violation of essential contractual obligations and guarantees and liability under the Product Liability Act. However, liability is limited to foreseeable damage typical for the contract.
2. Liability for consequential damages, in particular for lost profits or compensation for damages to third parties, is excluded unless MOOD Natural Products GmbH is guilty of intent or gross negligence.
3. MOOD Natural Products GmbH does not provide medical advice and does not attempt to diagnose or treat any skin problems or diseases. If you have a medical problem with your skin, please seek the advice of a doctor or dermatologist. All products should only be used as directed on the packaging or on www.mood-naturals.com. Immediately discontinue use of any product that causes irritation (as evidenced by redness, itching, burning, flaking, pain or other symptoms).

§ 11 Protection rights

MOOD Natural Products GmbH holds the exclusive copyright for the photos and texts published by MOOD Natural GmbH on www.mood-naturals.com. Reproduction and publication of these photos and texts is prohibited and will be prosecuted by MOOD Natural Products GmbH.

§ 12 Amendment of the General Terms and Conditions

MOOD Natural Products GmbH reserves the right to change these terms and conditions at any time. The customer can view the current terms and conditions at any time. The terms and conditions applicable at the time the contract is concluded apply.

§ 13 Final provisions

1. The law of the Federal Republic of Germany.
2. The language available for concluding the contract is German.
3. The place of jurisdiction is the registered office of MOOD Natural Products GmbH in Germany, Register Court Nuremberg.
4. Should individual provisions be invalid in whole or in part or lose their legal validity at a later date, this shall not affect the validity of the remaining terms and conditions. In this case, the parties undertake to replace the invalid provision with a valid provision that, as far as legally possible, comes closest to the interests of the parties expressed in these terms and conditions. The same applies in the event that any additions become necessary.

APPENDIX CANCELLATION POLICY

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform MOOD Natural Products GmbH, Dr.-Eberle-Str. 3c, 92318 Neumarkt, Germany, info@mood-naturals.com by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. In the event of a partial cancellation, we will refund you the purchase price of the returned goods; delivery costs will not be refunded. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof of the return of the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date of cancellation. This deadline is met if the goods are dispatched before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.

Return of goods

You are also welcome to notify us of your return by email. Email: info@mood-naturals.com

Return address (for orders from Germany & Austria):

MOOD Natural Products GmbH

Dr.-Eberle-Str. 3c

92318 Neumarkt

Germany

Status of the General Terms and Conditions: 08.05.2024