General terms and conditions

§ 1 Contracting party and scope of application>

On the basis of these General Terms and Conditions of Business, there is an agreement between

the Customer

and

Ayuna Hub UG (limited liability)
Offakamp 9e
22529 Hamburg

Registered court: Hamburg

Commercial register number: HRB 167734

hereinafter referred to as the “Provider”, the contract is concluded.

The regulations concerning the conclusion of the contract apply to orders placed via the online shop operated by Ayuna Hub UG at www.ayunatea.com. All services, deliveries and offers of the Supplier within the scope of the Online Shop are exclusively based on these General Terms and Conditions.

§ 2 Subject of contract

This contract regulates the sale of new goods from the area(s) of sustainable consumer goods via the online shop of the supplier. For details of the respective offers, please refer to the product description on the individual product pages.

§ 3.1 Conclusion of contract

The contract relates exclusively to electronic business transactions via the online shop system. The presentation of the products does not represent a legally binding offer, but a non-binding request for the submission of an order by the Customer, which the supplier can then choose to accept. The ordering process for the conclusion of the contract includes the following steps in the shop system: Selection of the offer in the desired specification (size, quantity), placing the offer “in the shopping cart”, pressing the button “proceed to checkout”, entering the invoice and, if different, the delivery address, selection of the payment method, checking and processing the order and all entries, pressing the button “order subject to payment”, confirmation e-mail that the order has been received. By clicking on the button (“order subject to payment”), the buyer places a binding order for the goods listed on the order page. The contract is concluded when an order confirmation has been sent. The order confirmation is generated and sent automatically and does not constitute a corresponding legally binding declaration. The contract is also concluded once goods have been sent.

§ 3.2 Conclusion of contract for business Customers

The contract is concluded exclusively in electronic business transactions via e-mail or by post. In doing so, the presentation of the products does not represent a legally binding offer, but a non-binding invitation to submit an online order, which the supplier can then choose to accept. The ordering process for the conclusion of the contract includes the following steps: Selection of the offer in the desired specification (size, quantity), confirmation of the selection by the Provider. The contract is concluded once an order confirmation has been sent. The order confirmation is generated and sent automatically and does not constitute a corresponding legally binding declaration. The contract is also concluded once goods have been sent. Orders lose their validity 14 days after the original submission.

§ 4 Title retention clause

The delivered goods remain the property of the supplier until full payment has been received.

§ 5 Other reservations

The Provider reserves the right not to provide the promised service in the event of unavailability.

§ 6 Prices, shipping costs, return costs

The prices quoted at the time of ordering shall apply. All prices are final prices. For shipping within the Federal Republic of Germany, shipping costs will be charged at the indicated rate. Excluded from this are the surcharges for remote and difficult to reach regions described in §8.

§ 7 Terms of payment

The Customer has the following payment options: payment service provider (PayPal), credit card (Visa, MasterCard, American Express), debit card (Maestro), advance payment by bank transfer as well as a payment service Provider (immediate transfer). Other payment methods are not offered and will be rejected. In the case of payment by direct debit, the invoice amount will be collected by the Provider by means of direct debit from the Customer’s specified account on the basis of the Customer’s direct debit authorization. If an escrow service/payment service provider is used, it enables the Provider and the Customer to settle the payment among themselves. The escrow service/payment service provider forwards the Customer’s payment to the Provider. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the Customer must be the cardholder. When paying in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our specified bank account within 7 working days. Please note that we only accept payments from accounts within the European Union (EU) and do not accept any costs of a monetary transaction. The payment is due without deduction from the date of the invoice. The Customer is only in default after a reminder. All payments and credit notes will be handled exclusively in EUR.The Customer has the following payment options: payment service provider (PayPal), credit card (Visa, MasterCard, American Express), debit card (Maestro), advance payment by bank transfer as well as a payment service Provider (immediate transfer). Other payment methods are not offered and will be rejected. In the case of payment by direct debit, the invoice amount will be collected by the Provider by means of direct debit from the Customer’s specified account on the basis of the Customer’s direct debit authorization. If an escrow service/payment service provider is used, it enables the Provider and the Customer to settle the payment among themselves. The escrow service/payment service provider forwards the Customer’s payment to the Provider. Further information is available on the website of the respective escrow service/payment service provider. When paying by credit card, the Customer must be the cardholder. When paying in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our specified bank account within 7 working days. Please note that we only accept payments from accounts within the European Union (EU) and do not accept any costs of a monetary transaction. The payment is due without deduction from the date of the invoice. The Customer is only in default after a reminder. All payments and credit notes will be handled exclusively in EURO.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

  • Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the date of provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here.
  • Instalment purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the payment by instalments service, including the terms and conditions and the European standard consumer credit information for the countries where this payment method is available, please see here.

The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna’s terms of use can be found here. For general information about Klarna, please here. Your personal information will be treated by Klarna in accordance with applicable data protection laws and as set out in Klarna’s Privacy Policy.

§ 8 Terms of delivery

Shipping is done via DHL. The Provider bears the transport risk. The shipment will be made exclusively within the European Union to the delivery address given during the ordering process. On average, shipping takes place within 3-7 working days from the day after payment to the delivery address provided by the buyer. The order will be shipped by the Provider as soon as the entire order is in stock. Deliveries are made from Monday to Saturday, excluding public holidays.

If the Customer’s delivery address is located in an area that is geographically difficult to reach (e.g. on an island), we may be unable to deliver there or we may have to add a surcharge to the delivery costs. In this case, we will inform the Customer before accepting the order. Deliveries to a post office box or similar address are not permitted. The Customer will be informed about delays immediately. If the Provider has a long-term delivery obstacle, in particular in case of force majeure, or failure of delivery by own suppliers, although the transaction was made in time, then the Provider maintains the right to withdraw to that extent from a contract with the Customer. The Customer will be informed immediately and received services, including payments, will be refunded.

§ 9 Warranty

Customers are granted the right to choose between repair or new delivery in the case of supplementary performance if the goods are new and the Customer is a Business Customer. This does not apply to the Customer’s claims for damages due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the Provider or his legal representative or vicarious agent. In all other respects, the legal regulation applies.

§ 10 Guarantees for consumers

Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions.

§ 11 Drafting of contract

The contract text is saved by the Provider. The storage is however only limited in time or not accessible to the buyer. The buyer bears the responsibility for an independent printout or separate storage.

§ 12 Legal right of withdrawal for consumers

If you withdraw from this contract, we must refund all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, 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 because of this repayment. The return transport of the goods will be organised by us and we will bear the costs of the return shipment. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for checking the condition, properties and functioning of the goods.

Instruction on the right of revocation

You have the right to revoke this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise your right of withdrawal, you need to inform us

Ayuna Hub UG (haftungsbeschränkt)
Offakamp 9e
22529 Hamburg

VAT identification number: DE 341860840

E-Mail: hello@ayunatea.com

by means of a clear statement (e.g. a letter and or e-mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period. Click here for the model revocation form. You can find the form here.

Consequences of cancellation

If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you, and in no event will you be charged for this refund. The return transport of the goods will be organised by you and you will be responsible for the cost of return. You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary to examine the nature, properties and functioning of the goods.

End of the cancellation policy

§ 13 Disclaimer of liability

Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the Provider, if the Customer asserts claims for damages against them. Excluded are customer damage claims due to injury or loss to life, body, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after gross negligence or intentional breach of duty by the provider or his legal representative or vicarious agent.

§ 14 Prohibition of assignment and pledging

Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent unless the Customer has proven a legitimate interest in the assignment or pledge.

§ 15 Language, place of jurisdiction and applicable law

The contract is drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as it does not restrict any statutory provisions of the state in which the customer has his residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

§ 16 Important information

The goods offered at third-party platforms (e.g. www.itsapark.com and www.avocadostore.de are presented in the online shop in the form of digital photographs of the real existing goods. Minor deviations between the representation and reality do not constitute a defect in the ordered goods. The supplier is neither willing nor obliged to take part in dispute settlement proceedings before consumer arbitration boards.

§ 17 Severability Clause

The invalidity of a provision of these terms and conditions shall not affect the validity of the remaining provisions.

Dated: 26.03.2021