Standard Terms of Business of Naturally Pam GmbH
1. General
1.1. These Standard Terms of Business, valid as amended, (hereinafter “Standard Terms of Business“) shall apply to all offers, orders, deliveries and services of Naturally Pam GmbH, Kajen 12, 20459 Hamburg, Germany (hereinafter “Naturally Pam“).
1.2. By placing an order, the contractual partner acknowledges the application of the Standard Terms of Business, valid as amended. This shall also apply to subsequent business unless the contractual partner is a private consumer. Dissenting Standard Terms of Business of the contractual partner are hereby rejected, including in letters of confirmation and unconditional deliveries or services..
1.3.Naturally Pam expressly notes that the offered products are not medicinal products and that dietary supplements do not replace a balanced and varied diet. Keep dietary supplements away from children. In case of intolerance please consult your doctor before consumption.
1.4. Note according to consumer dispute resolution law: We are neither obliged nor willing to participate in an out-of-court- dispute resolution procedure in front of a consumer arbitration board.
2. Offers, Prices, Acceptance of Orders, Contract Text
2.1. All offers of Naturally Pam are subject to change.
2.2. All prices are understood to be in Euros to which the applicable value-added tax must be added.
2.3. By placing an order after going through the order procedure, the contractual partner delivers a binding offer of purchase to Naturally Pam which is completed by clicking the button “Place Order”.
2.4. Subsequent changes of orders of the contractual partner must be confirmed by Naturally Pam in writing to be valid.
2.5. Naturally Pam shall have the right to accept orders of the contractual partner only partially by making changes or reservations, unless the contractual partner is a private consumer. If the partial acceptance of the order is not acceptable to the contractual partner, the contractual partner shall inform Naturally Pam in writing with in 3 working days after notification of the change or reservation. In this case, the contract shall be deemed as not concluded. Otherwise, the partial acceptance of the order shall be deemed as confirmed by the contractual partner. In case of a consumer good purchase, the statutory provisions shall apply.
2.6. Contractual texts shall be in German. Naturally Pam indicates that contract texts are not saved and therefore will not be accessible to the contractual partner after the order. The contractual partner will receive a confirmation of the purchase order via email containing the specifics of the order as well as the Standard Terms of Business. The contractual partner may print or save the order confirmation with its internet browser or email program.
3. Payments and Default of Payment
3.1. Invoices shall be due on the invoice date without any deductions. This applies to partial invoices as well.
3.2. The contractual partner shall pay in advance unless otherwise agreed. Naturally Pam offers payments via credit card (Visa, Mastercard), advance payment, Paypal, Giropay and immediate transfer.
3.3. In case of default with payment, all obligations of the contractual partner towards Naturally Pam shall be due immediately.
4. Delivery and Delivery Times
4.1. All products are sold ex works. Unless otherwise expressly agreed upon, the goods shall be shipped uninsured and at the risk of the contractual partner. In case of a consumer good purchase, the statutory regulations apply.
4.2. If Naturally Pam organizes the transport, the means of transport and the route shall be within the discretion of Naturally Pam. Naturally Pam shall have no liability for using the least expensive and quickest mode of shipment.
4.3. Naturally Pam shall have the right of appropriate partial deliveries as reasonable for the contractual partner.
5. Duty to Inspect and Report Defects
5.1. The contractual partner shall inspect the goods promptly after receipt and report any obvious defects towards Naturally Pam in writing immediately. This shall not apply to a consumer good purchase.
5.2. In case of transport damages, the contractual partner shall inform the shipper immediately after receipt of the goods and indicate the same in the consignment note. This shall not apply to a consumer good purchase.
6. Retention of Title
The goods shall remain Naturally Pam’s property until full payment of all receivables of Naturally Pam referring to the contractual relationship with the contractual partner unless the contractual partner is a private consumer.
7. Right of withdrawal for consumer contracts
7.1. In case of a contract of a private consumer via distance selling deal (telephone, fax, internet, etc.), the following provisions shall apply to the right of cancellation.
Cancellation Policy
Right of Cancellation
If the contractual partner is a private consumer in terms of § 13 German Civil Code (BGB), the following cancellation policy shall apply:
You have the right to cancel this contract without giving reasons within 14 days.
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of cancellation, you must inform us,
Naturally Pam GmbH
Kajen 12
20459 Hamburg
Telefonnummer: +4940 308 53 250
Telefaxnummer: +4940 308 53 255
E-Mail: info@naturally-pam.de
of your decision to cancel this contract by a clear statement (e.g. letter sent by post, fax or email). You may use the model cancellation form or another clear statement via our website www.naturally-pam.de, but it is not obligatory. If you send us the statement through our website, we will confirm the receipt of the cancellation immediately (e.g. by email).
To meet the cancellation period, it is sufficient to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for additional costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. You shall send back the goods or hand them over to us without undue delay and in any event not later than than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadlines is met if you send back the goods before the period of fourteen days has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to varify the nature, characteristics and functioning of the goods.
End of Cancellation Policy
7.2. Exclusion of the Right of Cancellation
The right of cancellation shall not apply, amongst others, to distance selling contracts
a. for the delivery of goods which are not prefabricated and which are made on customer’s specification or which have been clearly tailored to personal requirements of the private consumer,
b. for the delivery of goods which can perish quickly or the expiration date of which would exceed quickly,
c. for the delivery of sealed goods which are not suitable for return in order to ensure protection of health or hygiene after removal if the goods were unsealed after delivery,
d. for the delivery of goods, if these goods were, by virtue of their nature, unseperable mixed with other goods after delivery,
e. with a business.
8. Liability for Defects, Limitation Period
8.1. In case of deficient goods, the contractual partner shall have the warranty rights as stated in the following provisions.
8.2. Subject to any other best-before dates, the limitation period of liability for defects is 1 year from delivery for new products and 6 months from delivery for used products. If the contractual partner is a private consumer, the limitation period for defects is 2 years from delivery for new products and 1 year from delivery for used products. The reduction of the limitation period shall not apply to claims for death, personal injury or damage to health or in cases of grossly negligent or intentional breach of contract by Naturally Pam. The limitation period in case of a recourse according to §§ 478, 479 German Civil Code remains unaffected.
8.3. If the goods are proven to be defective, Naturally Pam shall, at its option, replace the goods during the limitation period. Only if the replacement is not provided within a reasonable period of time or has ultimately failed due to Natrually Pam’s fault, the contractual partner shall have the right to rescind the contract in accordance with the provisions of law, reduce the price or demand damages or reimbursement of expenses. Any replacement delivery shall be deemed as ultimately failed after two unsuccessful attempts, unless the nature of the goods or the defect or any other circumstance provide for something different. In case of claims for damages or reimbursement of expenses, the liability of Naturally Pam shall be limited as provided below in sec. 9.
9. Limitation of Liability
9.1. Naturally Pam, its representatives, employees, and agents (hereinafter together: “Naturally Pam“) shall be only liable, on whatever legal ground, for wrongful intent and gross negligence, unless the matter involves liability for the breach of cardinal contractual obligations or damages arising from the assumption of a procurement risk or a guarantee.
9.2. Naturally Pam shall not be liable for improper use by the contractual partner. It is to be noted, in particular, that the the recommended dose of the goods should not be exceeded.
9.3. Except in cases of grossly negligent or intentional breach of contract or in cases of breach of cardinal contractual obligations, Naturally Pam shall not be liable for loss of profit, missed savings and indirect and/or consequential damages.
9.4. Except in cases of grossly negligent or intentional breach of contract, the liability of Naturally Pam shall be limited to those losses that were reasonably foreseeable when the contract was entered into.
9.5. The foregoing limitations of liability shall not apply to culpable injury to life, limb or health or in cases where a mandatory statutory liability applies.
10. Opened Product Container
The contractual partner shall be advised that by opening the sealed product container which contains dietary supplements, muscle development products or other nutrition products or food, the right of cancellation as mentioned in sec. 7.1 shall be excluded pursuant to sec. 7.2 c.
11. Disclaimer for External Links
Naturally Pam refers through links to other websites. Naturally Pam expressly notes that it has no influence on design and content of the linked websites. Naturally Pam disassociates itself herewith expressly of the content of all linked websites and does not regard this content as its own.
12. Image Rights
All image rights of images which are displayed on the website of Naturally Pam lies with Naturally Pam or its partners. Any use of the images without prior consent is not permitted.
13. Final Provisions
13.1. The contractual partner is hereby notified that Naturally Pam will process and store the personal data obtained through the business relationship in accordance with the EU data protection regulation as well as provisions of the German Data Protection Act (Bundesdatenschutzgesetz). For more details, please the separate data protection statement of Naturally Pam which is referred to.
13.2. The contractual partner is not entitled to assign claims against Naturally Pam to third parties without Naturally Pam’s express written consent.
13.3. The place of performance shall be Hamburg. The competent courts in Hamburg shall have exclusive jurisdiction over claims between the contractual partner and Naturally Pam if the contractual company is a company, a legal entity under public law or a public law special fund.
13.4. German law shall apply in relation to these Standard Terms of Business as well as to any contractual relationship between the contractual partner and Naturally Pam, unless mandatory provisions of the law of the country of the consumer's residence determine otherwise, excluding the UN Convention on Contracts for the International Sale of Goods and the private international law.
13.5. If individual provisions of these Standard Terms of Business should be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest tot he purpose and intent of the invalid provision.
Naturally Pam GmbH, Hamburg
Status: December 2021
