Terms and Conditions
General Terms and Conditions of Surpresa Natural Lda
§1 Applicability to Entrepreneurs and Definitions of Terms
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) A "consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity.
§2 Conclusion of Contract, Storage of the Contract Text
(1) The following provisions on the conclusion of contract apply to orders placed via our online shop www.surpresanatural.com
(2) In the event of the conclusion of contract, the contract is concluded with:
Surpresa Natural (Unipessoal) Lda
Rosemary Mellahn
Rua das Amendoeiras 15, 1 Esq.
2750-293 Cascais, Portugal
Registration number NIF 514346329
E-Mail: info@surpresanatural.de
(3) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
The acceptance of the offer takes place in writing or in text form or by dispatch of the ordered goods within one week. If this period expires without result, the offer is deemed to have been rejected.
(4) Upon receipt of an order in our online shop, the following provisions apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirmation by clicking the "Order" button
3) Review of the details in the shopping cart
4) Clicking the "Checkout" button
5) Logging in to the online shop after registration and entering the login details (e-mail address and password)
6) Renewed review or correction of the respective entered data
7) Binding submission of the order
Before the binding submission of the order, the consumer can, after checking their details, return to the website on which the customer's details are recorded by pressing the "Back" button in the internet browser used by them and correct input errors, or cancel the ordering process by closing the internet browser. We confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This does not yet constitute acceptance of the offer. The acceptance of the offer takes place in writing, in text form or by dispatch of the ordered goods within one week.
(5) Storage of the contract text for orders placed via our online shop: We store the contract text and send you the order data and our Terms and Conditions by e-mail. You can also view the Terms and Conditions at any time at http://www.surpresanatural.com/de/agb. You can view your past orders in our customer area under My Account --> My Orders.
§3 Prices, Shipping Costs, Payment, Due Date
(1) The prices stated include the statutory value added tax and other price components. In addition, the following shipping costs apply.
Shipping within Germany
- Up to a gross goods value of 49.99 euros, the shipping costs are a flat rate of 3.90 euros.
- From a gross goods value of 50.00 euros, we deliver free of shipping costs.
Shipping abroad
The shipping costs depend on the weight of the shipment and currently amount to:
- up to 5 kg total weight: EUR 14.00
- 6-10 kg total weight: EUR 18.00
- 11-20 kg total weight: EUR 22.00
- 21 - 30 kg total weight: EUR 30.00
Customs duties that may be incurred when shipping abroad shall be borne by the buyer.
(2) The consumer has the option of payment by prepayment, PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, www.paypal.com), Sofortüberweisung (SOFORT GmbH, Theresienhöhe 12, 80339 München), or on invoice (Klarna purchase on invoice).
In order to be able to offer you Klarna's payment methods, we may pass on your personal data in the form of contact and order data to Klarna during the checkout process, so that Klarna can check whether you qualify for Klarna's payment methods and so that Klarna can tailor the payment methods to you. Your transmitted personal data will be processed in accordance with the Klarna privacy policy.
SOFORT-Überweisung is the direct transfer procedure of SOFORT GmbH. With SOFORT-Überweisung, you initiate a transfer of the respective amount in your online banking account while still placing your order. Surpresa Natural receives a real-time confirmation after completion of the SOFORT transfer, and the goods in stock can be dispatched. When using a payment service provider, the respective terms and conditions of the payment service provider apply.
(3) When paying by prepayment, you will receive all the necessary details for the bank transfer by e-mail, post or fax after receipt of your order. As soon as the payment has been received in our account, the goods leave our warehouse.
§ 4 Right of Withdrawal
(1) The consumer has the right, subject to the exceptions stated in § 4 paragraph, to withdraw from the contractual declaration within fourteen days without stating reasons by means of an unambiguous declaration to the entrepreneur. You may use the form below for this purpose.
(2) The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Furthermore, it does not exist for contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(3) For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, unless the parties have agreed otherwise, there is no right of withdrawal if the seal of the goods has been removed after delivery.
§5 Warranty
(1) The statutory warranty provisions apply (§§ 434 ff. BGB, as well as, supplementarily, §§ 474 ff. BGB, if the customer is a consumer). The warranty period is two years, in each case from the statutory commencement of the limitation period. Any claims for damages are available to the customer within the statutory limitation periods. Any quality or durability guarantees granted by the manufacturer remain unaffected. The statutory rights of the customer are not limited by any guarantees of the manufacturer.
(2) Complaints and warranty rights can be asserted against Surpresa Natural. For this purpose, you can reach us via the contact options stated above.
§6 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch.
(2) If the consumer has chosen payment by prepayment, we will not dispatch the goods before receipt of payment.
(3) Orders are dispatched at the latest on the working day following receipt of the order (in the case of prepayment, after receipt of payment; in the case of purchase on invoice, after confirmation of sufficient creditworthiness by the company Euforma AG).
The regular delivery time is:
- within Germany 1-2 working days
- to Switzerland 2-4 working days
- to other EU countries 3-7 working days
Your order is shipped by the company TM Parcel for the regions of Hamburg, Hannover and Bremen. For all other regions, shipping is carried out by DHL.
§7 Retention of Title
We retain title to the goods until full payment of the purchase price.
§8 Data Protection
We use the personal data you provide for order processing, such as name, address, telephone number, fax number and e-mail address, as well as other personal data, for processing the order and other contractual relationships with the customer. The legal basis in this respect is Art. 6 para. 1 lit. b) GDPR. In all other respects, our data protection provisions, available on the website at https://www.surpresanatural.de/datenschutz, apply. You will also receive these before the conclusion of contract.
§9 Contract Language and Applicable Law
(1) German is the only language available as the contract language.
(2) The concluded contracts are exclusively subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, even if the customer is domiciled outside the Federal Republic of Germany. If the consumer has their place of residence outside the Federal Republic of Germany, this choice of law does not affect the protection of the rights to which they are entitled as a consumer under the consumer protection provisions of their home country.
Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract:
Surpresa Natural (Unipessoal) Lda
Rosemary Mellahn
Rua das Amendoeiras 15, 1 Esq.
2750-293 Cascais, Portugal
E-Mai: info@surpresanatural.de
Tel: +351 913 817 646
Telephone for customers from Germany: +49 40 2385 3160
You may use the attached model withdrawal form for this purpose, although this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from your having chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this reimbursement, 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 any fees for this reimbursement.
We may refuse the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier point in time.
You must return or hand over the goods without undue delay and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal from the contract, to TMParcel, Surpresa Natural, Sorbenstr. 57, 20537 Hamburg. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods that was not necessary for examining their condition, properties and functioning.