Terms of service

General Terms and Conditions with Customer Information

1. Scope

1.1. These General Terms and Conditions (hereinafter “Terms”) apply to all business relationships between 3 L   O r g a n i c s   G m b H (hereinafter “Seller”) and the customer (hereinafter “Customer”) in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints, and claims on weekdays from 9:00 a.m. to 5:00 p.m. by phone at 0 3 0   5 4 9 0 6 3 9 6 or by email at i n f o @ h a v a n a c u r l s . c o m.

1.3. A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB – German Civil Code).

1.4. Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
Service descriptions in catalogs and on the seller’s websites do not have the character of a warranty or guarantee.
All offers are valid “while supplies last,” unless otherwise stated for the products.
Errors and omissions are reserved.

3. Ordering process and conclusion of contract

3.1. The customer may select products from the seller’s range without obligation and collect them in a so-called shopping cart using the button [Add to Cart].
Within the shopping cart, the product selection can be modified, e.g. deleted.
The customer can then proceed to checkout via the [Proceed to Checkout] button.

3.2. By clicking the [Place Order] button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
Before submitting the order, the customer can review and change the data at any time or cancel the ordering process using the browser’s “back” function.
Required information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic acknowledgment of receipt by email, listing the customer’s order again and allowing it to be printed via the “Print” function (order confirmation).
This automatic confirmation merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer.
The purchase contract is only concluded when the seller dispatches the ordered product within two days, hands it over, or confirms shipment to the customer within two days by means of a second email, express order confirmation, or invoice.

3.4. If prepayment is offered, the contract is concluded when the seller provides bank details and requests payment.
If payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due and after a reminder, the seller will withdraw from the contract, resulting in the cancellation of the order and the seller having no obligation to deliver.
In such a case, the order is considered void for both buyer and seller.
Items for which prepayment is required are reserved for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the seller’s website include the applicable statutory value-added tax (VAT).

4.2. In addition to the product prices, the seller charges shipping costs.
These are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery and availability of goods

5.1. Where prepayment has been agreed, delivery is made after receipt of the invoice amount.

5.2. If delivery of the goods fails due to the customer’s fault after three delivery attempts, the seller may withdraw from the contract.
Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is unavailable because the seller was not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract.
In this case, the seller will inform the customer immediately and, if applicable, propose delivery of a comparable product.
If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any payments already made without delay.

5.4. Customers will be informed about delivery times and any delivery restrictions (e.g. delivery limited to certain countries) on a separate information page or within the product description.

6. Payment terms

6.1. The customer can choose from the available payment methods before completing the order process.
Information about the available payment methods is provided on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice.
For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers (e.g. PayPal) are involved in payment processing, their general terms and conditions apply.

6.4. If payment is due on a specific date, the customer is automatically in default upon missing that date.
In this case, the customer must pay statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by delay by the seller.

6.6. The customer is only entitled to offset claims if their counterclaims have been legally established or acknowledged by the seller.
The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

7. Retention of title

Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty for material defects and guarantee

8.1. The warranty is governed by statutory provisions.

8.2. A guarantee exists for the goods delivered by the seller only if expressly stated.
Customers will be informed about the terms of the guarantee before initiating the ordering process.

9. Liability

9.1. The following exclusions and limitations of liability apply without prejudice to the other statutory requirements for claims for damages.

9.2. The seller is liable without limitation where the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for slightly negligent breaches of essential obligations, the violation of which endangers the achievement of the contractual purpose, or for breaches of obligations whose fulfillment is essential for the proper execution of the contract and on which the customer regularly relies.
In such cases, however, the seller is only liable for foreseeable, contract-typical damage.
The seller is not liable for slightly negligent breaches of obligations other than those mentioned above.

9.4. The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after assuming a guarantee for the condition of the product, or for fraudulently concealed defects.
Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

10. Storage of the contract text

10.1. The customer may print out the contract text before submitting the order by using the print function of their browser on the final step of the order process.

10.2. The seller will also send the customer an order confirmation with all order details to the email address provided.
With the order confirmation, but no later than upon delivery of the goods, the customer will receive a copy of the Terms and Conditions including the cancellation policy and information on shipping costs as well as delivery and payment conditions.
If you have registered in our shop, you can view your placed orders in your customer account.
In addition, we store the contract text but do not make it accessible on the internet.

11. Final provisions

11.1. The place of jurisdiction and performance is the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.

11.2. The contractual language is German.

11.3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.