Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Cancellation
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Applicable Law
  11. Jurisdiction
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of OriginLiving GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.4 If the Customer is domiciled in Switzerland or Liechtenstein and uses as the billing and delivery address one provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following conditions shall apply with the proviso that "MeinEinkauf" becomes the Customer's contractual partner instead of the Seller. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. In this case, MeinEinkauf is responsible for processing the contract. In this case, the Seller handles correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any disruptions in performance, in particular when the Customer asserts rights relating to defects.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email, online contact form or telephone.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.

3.3 The right of cancellation does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If the payment method "Sofortüberweisung" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found by the Customer online at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered via the "Apple Pay" payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the "Google Pay" payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.8 If a payment method offered via the "Mollie" payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: "Mollie"). Mollie may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on "Mollie" is available online at https://www.mollie.com/de/.

4.9 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Stripe is available online at https://stripe.com/de.

4.10 If a payment method offered via the "Klarna" payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions in this regard can be viewed here:

4.11 If the payment method direct debit via Stripe is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance notification, Stripe collects the invoice amount from the Customer's bank account on behalf of the Seller. Advance notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred as a result of the chargeback by the respective credit institution if the Customer is responsible for this. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.12 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by a freight forwarding company, delivery is made "free curbside", i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of outward delivery if the Customer effectively exercises their right of cancellation. With regard to the return shipping costs, if the Customer effectively exercises their right of cancellation, the provision made in this regard in the Seller's cancellation policy shall apply.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, even in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller did not previously name this person or institution to the Customer.

5.5 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the failure to deliver is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be refunded immediately.

5.6 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for rights relating to defects is one year from delivery of the goods;
  • for used goods, rights relating to defects are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods regulated above do not apply

  • to the Customer's claims for damages and reimbursement of expenses,
  • in the event that the Seller fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial duty of inspection and notification pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this regard,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the contract according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, liability on the part of the Seller is excluded unless it is liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4 Several Promotional Vouchers may also be redeemed in one order.

9.5 If the Promotional Voucher relates to a specific value and not to a percentage price reduction, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of cancellation.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by rendering performance to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

11) Jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is in any event entitled to bring proceedings before the court at the Customer's registered office.

12) Alternative Dispute Resolution

The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.