General Terms and Conditions (Updated: 03.03.2025)
of HERBECTUS LTD
27 Old Gloucester Street, London, WC1N 3AX, United Kingdom
E-Mail: info@herbectus.de
1. Scope
These General Terms and Conditions (GTC) apply to all legal transactions concluded via the herbectus.de online shop between Herbectus and users (“Buyers”) and relate to the purchase of goods (“Products”).
The use of the masculine form of the term “Buyer” below is solely for readability purposes. It is intended to be neutral and includes female, male, and non-binary individuals.
2. Conclusion of Contract
The listing and visibility of products for buyers represent a legally binding declaration of intent by Herbectus to conclude a purchase contract.
By clicking the “Buy Now” button, the buyer submits their declaration of intent to conclude a purchase contract.
3. Shipping of Products; Withdrawal
Purchased products will be shipped promptly.
The buyer may withdraw from the purchase contract if no delivery attempt has been made within seven business days. In the event of withdrawal, the buyer will be refunded the purchase price already paid.
The withdrawal must be declared to Herbectus by providing the transaction number via the email address specified above. The seller is also entitled to withdraw from the contract. Any payments made by the customer will be refunded.
4. Right of Withdrawal; Exceptions
The buyer has a statutory right of withdrawal according to § 312g (1) BGB.
The right of withdrawal does not apply if the buyer is a business entity. Furthermore, it does not apply to consumers whose usual place of residence at the time of contract conclusion is outside a member state of the European Union.
Mandatory legal provisions remain unaffected where applicable.
The withdrawal policy and an optional withdrawal form can be found at the end of these General Terms and Conditions.
5. Retention of Title
If Herbectus provides advance performance, ownership of the purchased product(s) (“reserved goods”) remains with Herbectus until full payment of the purchase price has been made. The reserved goods must be handled with care.
As long as Herbectus retains ownership, the buyer must promptly notify Herbectus of any third-party access to the goods, particularly enforcement actions, potential damage, or destruction. The buyer must also inform the third party of Herbectus’ ownership rights. Changes in possession or address must be reported immediately.
The buyer is not entitled to resell or process the reserved goods.
If the buyer sells the reserved goods regardless, they hereby assign all claims arising from the resale to Herbectus, which accepts the assignment.
6. Warranty Rights and Limitation Period
If the buyer is a business entity, statutory warranty rights apply with a warranty period of one year for new products. Otherwise, the warranty is excluded.
If the buyer is a consumer, statutory defect liability rights remain unaffected.
The limitation period for new products is two years, and for used products, one year.
If a defect occurs within the limitation period, it does not expire before four months after the defect has first appeared.
Herbectus’ liability under the Product Liability Act remains unaffected where applicable.
7. Other Liability
Herbectus is liable for intentional and negligent breaches of essential contractual obligations (“cardinal obligations”), i.e., obligations required to achieve the contractual purpose.
If a cardinal obligation is negligently breached, Herbectus is only liable for foreseeable damages.
Additionally, Herbectus is liable for intentional or grossly negligent damages to property or financial loss.
Furthermore, Herbectus is liable for intentional or negligent personal injury.
Mandatory legal liability claims (e.g., under the Product Liability Act) remain unaffected.
Any further liability is excluded.
8. Data Protection
Herbectus commits to protecting the privacy of all buyers and treating their personal data confidentially. This is based on applicable legal regulations, including the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
Personal data received from the buyer will be stored for ten (10) years. However, the buyer has the right to request deletion of their personal data at any time. The request for deletion must be submitted to Herbectus in writing.
Herbectus will only use the collected data to fulfill the contract with the buyer.
No further use of the data, e.g., for advertising purposes, will occur without the buyer’s consent.
Before processing data, Herbectus will take adequate technical and organizational measures to protect the data, particularly against unauthorized access or unlawful processing.
The data will only be processed within the EU and secure third countries (e.g., Canada):
EU Adequacy Decisions
If Herbectus commissions a third party to process data, it will select a processor capable of ensuring technical and organizational protection in accordance with this “Data Protection” section.
If third-party processing occurs, Herbectus will conclude a data processing agreement with the service provider under Article 28(3) GDPR.
Buyers whose data is processed or accessed by Herbectus have the right to inspect, correct, and delete their data.
9. Online Dispute Resolution Information
The EU Commission provides an online dispute resolution platform (OS platform) to facilitate out-of-court settlements of disputes regarding contractual obligations arising from online purchase agreements.
The OS platform is accessible via:
https://ec.europa.eu/consumers/odr.
Herbectus’ email address is stated in the withdrawal policy.
Herbectus is neither willing nor obligated to participate in dispute resolution procedures before consumer arbitration boards.
10. Applicable Law and Jurisdiction
All legal relations between the seller and the buyer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Stuttgart, Germany.
If the buyer is a consumer, the mandatory consumer protection laws of their residence country will apply, provided they offer stronger protection.
11. Final Provisions
Any changes to the contract between Herbectus and the buyer must be made in writing to be effective.
This also applies to amendments to the requirement for written form.
The contract between Herbectus and the buyer contains all agreements between the parties.
No additional agreements, side agreements, or business conditions exist.
Mandatory statutory provisions remain unaffected.
If individual provisions of this contract (including these GTC) are invalid, the validity of the remaining provisions remains unaffected.
In such cases, the parties agree to replace the invalid provisions with legally valid ones that best reflect the intended purpose.
The same applies in the case of contractual gaps.