GTC (General Terms and Conditions)

§ 1 Scope of application

When you make a purchase from us, you agree to our General Terms and Conditions (GTC) and our Privacy Policy in the version valid at the time of the order. Our GTC apply to all orders that you place on our website. This does not apply to orders that you place with one of our partners by selecting a special payment method in accordance with §3. We do not recognize deviating terms and conditions unless we have agreed to their validity in writing.

§ 2 Conclusion of contract

(1) The presentation of the products in our online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy now" button at the end of the order process, you place a binding order for the goods contained in the shopping cart. We save the text of the contract and send you the order data by e-mail. Confirmation of receipt of your order is sent together with acceptance of the order by means of an automatic order confirmation by e-mail. The purchase contract with Herbano is concluded with this e-mail confirmation.

(2) If, contrary to expectations, the items you have ordered are not available, we are not obliged to fulfill the order.

(3) Your purchase offer relates to the goods as they are shown or described on our website. We reserve the right to slight deviations in color, design and decor of the goods compared to the presentation on our website. We also reserve the right to deliver the goods in different packaging. We are entitled to deliver goods of equivalent quality and price in place of the ordered goods.

(4) In the event of typographical, printing or calculation errors on the website, we are entitled to withdraw from the purchase contract.

(5) Should we be prevented from fulfilling the obligations arising from a purchase contract due to force majeure or circumstances beyond our control, we accept no liability for this.

§ 3 Payment and retention of title

(1) We generally offer various payment methods for payment of the selected goods. We do not charge you any fees for selecting a particular payment method, but we reserve the right not to make certain payment methods available under certain circumstances. The goods remain our property until full payment has been received.

(2) In cooperation with Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna"), we offer you purchase on account, installment purchase, instant bank transfer and direct debit as payment options. Please note that this payment option is only available to consumers and that payment must be made to Klarna. Klarna's general terms and conditions apply. The complete terms and conditions for purchase on account with Klarna can be found here.

(3) When paying by credit card or Paypal, your specified account will be debited in advance upon completion of the order. When paying by credit card, we accept Master Card and Visa credit cards.

§ 4 Prices

All prices include the currently applicable statutory VAT and all packaging and shipping costs.

§ 5 Discount codes & promotions

B2B partners are excluded from discount codes & promotions.

(1) It is not possible to combine several discount codes within one order. If you enter several discount codes during the order process, we will grant a possible discount according to the last code you entered.

(2) Discounts within the framework of discount codes cannot be granted retrospectively when an order has already been completed.

(3) If you cannot use the maximum possible discount within an order that would be possible with a particular discount code, you are not entitled to use the remaining possible discount in a subsequent order.

(4) In the case of (partial) returns in accordance with § 7 of goods that were paid for using a discount code, the following applies: If a price reduction within the scope of a discount code is only granted by conditions expressly communicated in advance (e.g. only from a certain value of goods) and if these conditions become invalid for the entire order due to a partial return (e.g. the required value of goods is undercut by the partial return), the price reduction shall be credited to the returned goods. If all the goods in an order are returned, the discount granted will be credited in full to the returned goods.

(5) Information on the refer-a-friend parcel insert: From 01.05.2022, we will enclose a flyer with a discount voucher for your friends with your parcel. The voucher is valid once for new customers and from a minimum order value of €40. The discount code is not applied automatically - you can enter it yourself in the shopping cart or at checkout. No cash payment is possible, no subsequent crediting and no combination with other discounts.

(6) Information about the free vitamin C promotion 2022: From 13.05.2022 you will receive 1x free high-dose vitamin C capsules (article SKU: VITAMC) with your order. The product will be automatically added to your shopping cart from a minimum order value of €80. There is no discount code. No cash payment is possible, no subsequent crediting and no combination with other discounts. The promotion is only valid while stocks last.

(7) A minimum order value of €30 applies to all discount codes except refer-a-friend voucher codes (MBW €40).

(8) Information on the online refer-a-friend campaign: 

• The voucher expires after a single use or expiry of the validity period. 
• For successful referrals of new customers through "Refer a friend", the registered user receives a 15% discount. Only registered users who have already placed and paid for an order at www.herbano.com can refer friends. The discount is only granted for the recommendation of new customers, i.e. customers who have not previously been customers at www.herbano.com, and as soon as these new customers have completed and paid for an order. 
• Acquired new customers receive a credit of €15 upon registration. The credit can only be redeemed from a minimum order value of €40 and not in conjunction with another voucher.
• Vouchers and credit can only be redeemed before completing the order process. Subsequent offsetting or payment is not possible. The credit is valid for one year.
• Vouchers and credit balances cannot be transferred to third parties.
• Vouchers will not be refunded if goods are returned in whole or in part.

 

§ 6 Delivery and transport damage

(1) Delivery is made from our European distribution center in Lauterach (Austria) to the delivery address you specify by the delivery company you selected during the ordering process.

(2) The delivery period is usually 2-3 working days. This delivery period may be extended due to circumstances beyond our control, for which we accept no responsibility. If individual products are not in stock, this will be indicated on the product page.

(3) For private customers, we assume the risk of transport damage. If the goods ordered by you arrive damaged during transportation, you are obliged to complain to us about the transport damage within 30 days. In the event of transport damage that is visible from the outside, we ask you to report the damage immediately to the deliverer and refuse to accept the parcel. In both cases, if your claim is justified, we will refund you or send you a replacement delivery free of charge after you have contacted us.

(4) Applies only to entrepreneurs: The risk of accidental loss or accidental deterioration of the goods is transferred to you when the goods are handed over to the transport company. This also applies if partial deliveries are made. We reserve the right to choose the type of shipment, unless a specific type of shipment has been agreed with you in writing in advance.

(5) If you mistakenly receive a different product from the one you ordered, we will send you a replacement delivery within 30 days of your contacting us. You are obliged to return to us the goods first delivered by mistake within 30 days. We assume the costs and risk for your return shipment and for the replacement delivery, provided that the processing takes place via our service provider.

§ 7 Cancellation policy

To find out how a return is handled, please click here.

You have the right to withdraw from this contract within 30 days without giving any reason. This withdrawal period begins from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (in the case of partial deliveries: the last goods delivered). To exercise the right to cancel, you must inform Centerboard Holdings Inc, Auslieferlager, Reitschulstrasse 7, A-6923 Lauterach, phone: 05574 801761, e-mail: [email protected] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Please note that you have no right of withdrawal for goods that have been delivered sealed and are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.

Consequences of revocation

If you withdraw from your purchase contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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. Under no circumstances will you be charged any fees for this repayment of your purchase price. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to Herbano, Postfach 444, A-6960 Wolfurt immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the 30-day period has expired.

You shall bear the direct costs of returning the goods if you do not post the parcel at your post office with the reference "carriage forward returns". You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the quality, properties and functionality of the goods.

Sample withdrawal form

To Centerboard Holdings Inc. distribution center, Reitschulstrasse 7, 6923 Lauterach, e-mail: [email protected]: 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*) 

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

_____________________
(*) Delete as appropriate

 

§ 8 Liability for product use

(1) The products presented on this website are not medicines (medicinal products). The information on this website is intended solely to describe the nutritional or physiological properties of the products offered. Under no circumstances is it intended to replace the recommendations or treatment of a doctor or to diagnose or treat a disease. Before starting any diet, fitness or nutritional supplement program, you should seek the advice of a physician. Even if you have a health problem or suspect that you have a health problem, we strongly recommend that you seek medical advice.

(2) In the recommended daily dose, the products we offer have no side effects in healthy adults. Should side effects or damage to health nevertheless occur due to improper or inappropriate use of the products, we accept no liability whatsoever. Your legal claims remain unaffected. Food supplements should always be stored out of the reach of small children.

(3) We are not liable for statements, promises, inaccurate or incorrect product information or recommendations for use made by the various manufacturers of the products. Furthermore, we cannot be held responsible for typing errors on the website or for changes to the product composition. Although the information on this website has been carefully researched, we do not guarantee the completeness of the information on the website or that it corresponds to the latest state of knowledge.

§ 9 Final provisions

Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

 

 

Conditions of participation and data protection for the Herbano competition

Organization of the competition

The competition is organized by Herbano or Centerboard Holdings Inc., 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839.

All questions, comments or complaints about this competition should be sent directly to Herbano by e-mail [email protected] or telephone.

§ 1 Eligibility to participate 

You can take part in this competition if you are a natural person residing in Germany, Austria or Switzerland and have reached the age of 18. Each person can only take part in the competition once. 

Participation is excluded for lottery clubs, automated services or other service providers.  

By participating, you confirm that you meet all the requirements to take part in the competition and agree to the conditions of participation. 

§ 2 What is there to win?

1 of 3 anti-stress packages worth €44.90.

§ 3 How can you win?

To win, you must take part in the survey during the competition period and enter your e-mail address.

§ 4 Competition period 

The competition runs from 20.2.2023-19.03.2023 until 23:59.

§ 5 Determining the winners

There will be three winners for the Herbano prize, which we will determine during the competition period and contact by e-mail. If the winners do not contact us within 3 days, they will lose their claim to the prize.  

§ 6 Exclusion of participation 

Herbano is entitled to exclude you from participation if one of the following conditions is met: 

Suspicion of manipulation in relation to the competition and its participation. 

In the event of significant violations of these conditions of participation. 

If you have not submitted your data within the set deadline.

The prize may also be withdrawn from a winner who has already been drawn if one of the above reasons for exclusion subsequently becomes known. If the prize has already been delivered, it can be reclaimed.

§ 7 Reserved passage in the event of unforeseeable disruptions 

Herbano reserves the right to modify, interrupt or terminate the competition in whole or in part at any time, even without observing deadlines or giving prior notice, if the proper execution of the competition can no longer be guaranteed due to force majeure, technical (e.g. manipulation) or legal reasons. Herbano cannot be held liable for losses, failures or delays for which Herbano is not responsible.

Herbano also reserves the right to make changes to the prize, in which case the respective winner will receive an appropriate replacement prize.

§ 8 Data protection

Herbano is obliged to collect, store and process the privacy of participants in accordance with the applicable legal requirements. The legal framework for this is provided in particular by the Federal Data Protection Act, the General Data Protection Regulation, the Telemedia Act and the Telecommunications Act.

In the context of pure competition participation, the data will not be passed on to third parties or used for purposes that do not serve the implementation of this competition. Collected participant data will be deleted at the end of the competition, provided there are no legal grounds for deletion. 

Herbano will only collect the data required by Herbano to determine the winner, to communicate with the winner and to send the prize. The winners agree that their data will be forwarded to our Magento 2 store system for the purpose of shipping the products and that they will subsequently receive product information from Herbano. The data will be forwarded to our service provider Klaviyo, Inc. for this purpose. You can, of course, object to receiving this product information at any time. The winners' data will be stored until revocation.

You are entitled to all statutory rights of access, amendment and revocation at any time with regard to the personal data collected, processed and used. You can assert these rights either in writing or by e-mail.

Further information on how we use data and on the individual service providers can also be found in our privacy policy: 

https://herbano.com/eu/data-protection

§ 9 Final provisions

Legal recourse is excluded. Cash payment of the prize is not possible.Likewise, prize claims cannot be assigned or transferred to third parties.

Should individual clauses be or become invalid, this shall not affect the validity of the remaining clauses.