SALE : -30% on the CAPRI COLLECTION. DISCOUNT CODE will be applied automatically!

1 AREA OF APPLICATION & CONTRACTUAL PARTNERS

1.1 For the business relationship between Shivadiva GmbH, Kantstr. 108, 10627 Berlin (hereinafter "Shivadiva", "Seller" or "we") and the customer (hereinafter "Customer" or "Consumer") for transactions in the following online shops:

"Shiva Diva" (shiva-diva.com)

Within the markets of Germany and the countries of the European Union (EU) and the European Economic Area (EEA) (hereinafter "Online Shop"), only the following General Terms and Conditions (GTC) apply at the time of publication.

1.2 Deviating terms and conditions of the customer are not permitted unless the seller expressly agrees to their validity in writing.

1.3 These general terms and conditions regulate the details of the respective contractual relationship and at the same time contain important consumer information in the legally relevant version. Via links in the online shop, the customer can call up the general terms and conditions when ordering, save them on his computer and/or print them out.

1.4 The online shop is aimed exclusively at consumers of legal age who have their usual place of residence, a delivery and billing address in Germany, the EU or the EEA and are consumers within the meaning of the statutory provisions (§ 13 BGB) )). According to the law, a consumer is a natural person who concludes a legal transaction for purposes that primarily serve neither their commercial nor their self-employed professional activity.

2 PRODUCT PRESENTATION, ORDERING PROCESS AND CONCLUSION

2.1 Product presentation, product information

2.1.1 We would like to point out that the actual color of the individual items may differ from that displayed in the online shop.

2.1.2 Unless expressly stated otherwise in the item description, all items are delivered without any decorations shown.

2.1.3 All information, specifications and illustrations on the websites are based on the latest product and price information at the time of publication. The seller is entitled to make changes to the content at any time and without prior notice.

2.2 Ordering Process

2.2.1 The illustration of an item in the online shop merely represents an invitation to the customer to submit his own offer to conclude a purchase contract.

2.2.2 The customer can select products from the range of the online shop, place them in the shopping cart and carry out the ordering steps.

2.2.3 A maximum of 30 pieces of the same product can be ordered per order. In addition, goods are only delivered in the usual household quantities.

2.2.4 Before the final submission of the order, the customer has the opportunity to check his personal data and the product selection using a summary order overview and to change them if necessary.

2.2.5 By clicking on the "order button" the customer submits a binding contract offer for the purchase of the goods contained in the shopping cart. An automatic confirmation of the receipt of the order follows after completing your order in the online shop to your saved e-mail address. However, this confirmation does not constitute acceptance of the contract by the seller.

2.2.6 The purchase contract is only concluded when a product is dispatched and the corresponding dispatch confirmation is sent to the customer by e-mail.

2.2.7 No sales contract is concluded for items which the customer has ordered but which are not listed in this shipping confirmation. This can also affect items that appear in the online store but are unavailable or out of stock when your order is received.

2.2.8 This also applies if the customer has already paid the purchase price before the contract is concluded or has requested payment based on the payment method he has chosen. If in this case, for whatever reason, the contract is ultimately not concluded, the seller will inform the customer by email (in the event of partial acceptance of the contract in connection with the acceptance of the contract for the items to be delivered) and refund the prepayment instantly.

2.3 Conclusion of contract

2.3.1 The contract is concluded in German or English on the basis of German law and, if applicable, the law of the European Union and international civil law. The text of the contract is saved by the seller in compliance with data protection. The customer can view his current order and his order history in his personal customer account under "Orders".

2.3.2 It is at the discretion of the seller to accept or not to place orders via the online shop. If an order is not executed by the seller, he will inform the customer immediately.

2.3.3 Customer agrees to receive invoices electronically. Electronic invoices are sent to the customer in the form of a PDF file as an e-mail attachment.

3 PRICES, ADDITIONAL COSTS AND PAYMENT TERMS

3.1 All prices stated in the online shop are amounts in euros and include the applicable statutory sales tax plus all other costs (e.g. shipping costs, gift packaging, etc.). The seller informs the customer about these additional costs in the order summary immediately before placing the order. The customer must bear the additional costs specified to him. The prices stated in the online shop at the time of the order are decisive for the prices of the products.

3.2 The customer may incur additional costs when calling the telephone number given on the website. This phone number is a German landline number from Deutsche Telekom; The costs may vary depending on the provider and mobile network. Please contact your telephone service provider for cost inquiries.

3.3 The seller only accepts the payment methods that are displayed during the ordering process, e.g. B. Payment by credit card or payment by PayPal.

3.4 When paying by credit card, we accept MasterCard and Visa.

3.5 When purchasing by credit card, the amount will be debited from the credit card at the latest when the goods are shipped.

3.6 During the ordering process, the seller reserves the right to check the customer's creditworthiness in individual cases in order to hedge the credit risk. In the event of poor creditworthiness, the seller is also entitled to revoke all or part of all existing contracts for which the customer has not yet paid the purchase price despite the due date and reminder.

4 RESERVATION OF PROPERTY

Ownership of the delivered goods remains with the seller until the full purchase price has been received and the goods have been handed over in full to the customer's delivery address specified during the ordering process.

5 ORDER PROCESSING

Your order will be logistically processed by an e-fulfillment partner or by ourselves, as well as national and international carriers.

6 SHIPPING

6.1 All statements regarding the availability, dispatch and delivery of a product are expected statements and approximate guidelines only. They do not constitute binding or guaranteed dispatch or delivery dates. If the seller, while processing your order, determines that the products you have ordered are not available, you will be informed separately by e-mail. A contract for the unavailable goods does not come about.

6.2 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.

6.3 Shipping is currently via standard shipping by Deutsche Post AG, DPD and DHL.

6.4 Standard shipping: Unless otherwise stated, the delivery time within Germany is approx. 1 to 3 working days from the confirmation of the contract. The delivery time for other countries in the EU is approx. 3-10 working days.

The following costs apply for shipping with an order value of less than €50:

Germany:

Parcel up to 3 kg - €4.90
Parcel up to 5 kg - €5.90
Parcel up to 31.5 kg - €7.90

Western European countries:

Parcel up to 3 kg - €5.90
Parcel up to 5 kg - €6.90
Parcel up to 31.5 kg - €8.90

For other countries, the buyer needs to ask the seller about the shipping cost.

These shipping costs will not be reimbursed in the event of a return.

6.5 The delivery time is extended for measures in the context of strikes and lockouts as well as in the event of unforeseen obstacles that cannot be influenced or represented by the seller, e.g. Operational disruptions, delays in the delivery of essential materials, if such obstacles to the delivery of the goods can be proven, are of significant influence. This also applies if the circumstances mentioned occur at subcontractors. The delivery period is extended according to the duration of such measures and obstacles.

7 PROMOTIONAL VOUCHERS & PRICE REDUCTIONS

7.1 Promotional vouchers are vouchers that we issue for promotional purposes and cannot be purchased. Vouchers can have a defined period of validity and/or only apply from a defined minimum order value (after return).

7.2 Promotional vouchers are subject to the following conditions as well as the conditions stated on the vouchers themselves or in the online shop.

7.3 If a promotional voucher provides for a minimum order value, this may not be fallen below after deduction of the voucher discount and the return. If the respective minimum order value is not reached, the difference to the minimum order value will be offset against the amount to be refunded and deducted from this.

7.4 Different vouchers cannot be combined. A cash payment, the settlement of a voucher or the redemption of a voucher after the customer has already sent his order is not possible.

7.5 Unless otherwise stated, a voucher can only be redeemed once per person.

7.6 Separate price reductions, e.g. Sales campaigns or reductions of a certain product group take place in a certain period of time. Articles ordered before this period cannot be subsequently reduced.

8 LEGAL WITHDRAWAL AND RETURN POLICY

8.1 Right of Withdrawal

When concluding a distance sale, the consumer has the right to withdraw from the contract within 14 days without giving any reason.

8.2 Exclusion of the right of withdrawal

The right of withdrawal does not exist for distance contracts for the delivery of non-prefabricated goods, for the manufacture of which an individual determination or selection by the consumer is decisive or which are clearly tailored to the individual needs of the consumer, as well as for the delivery of sealed goods for hygienic or health reasons are not suitable for return if their seal has been removed after delivery.

8.3 Online Shop - Right of Return

In addition to and completely independently of this statutory right of withdrawal according to Sections 8.1 and 8.2, Shivadiva grants the customer a special right of return as a special service for products that are only purchased in the online shop. This applies for 30 days from receipt of the goods by the customer (therefore beyond the statutory exercise period of 14 days for the right of withdrawal). The presentation in Sections 8.1 and 8.2 and the agreement in accordance with Sections 8.4 and 8.5 therefore apply accordingly to this additional contractual right of return. The customer has - 30 days after receipt of the goods - more time for the return.

For this purpose, the customer can return the goods in question together with the return receipt enclosed with the delivery within 30 days to the following address free of charge, provided that he also sends back the return or return receipt from Austria and Switzerland included in the scope of delivery. Original delivery within Germany via the DHL return portal . Link (see shipping confirmation email) to be requested, then emailed, printed and attached to the package or return slip used:

Shivadiva GmbH
c/o

Greenfillment UG
Mittelstrasse 16/99-475
15827 Blankenfelde-Mahlow



This also applies to the exercise of the right of withdrawal. A separate declaration of revocation is then not required.

8.4.1 The cancellation period of 14 days begins on the day on which the customer or a third party commissioned by the customer takes possession of the goods. In the case of a contract for several goods that were ordered as part of a single order and delivered separately, the fourteen-day cancellation period begins on the day on which the customer or a third party named by him who is not the carrier receives the last goods taken possession of .

8.4.2 The seller informs about the right of withdrawal in accordance with the statutory provisions as follows: In order to exercise the right of withdrawal, the customer must send Shivadiva GmbH (contact details see below) a clear statement (e.g. by letter or e-mail) about his decision to withdraw this to revoke the contract. The sample withdrawal form below can be used for this, but is not mandatory. The customer can also use another clear statement to exercise the right of withdrawal. In order to comply with the cancellation period, it is sufficient for the customer to send the model cancellation form or a clear notification of the exercise of the right of cancellation before the cancellation period has expired.

8.4.3 Sample withdrawal form

"To [the seller's name, address and fax number, if applicable, and e-mail address must be entered by the customer]:

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

Ordered on (*) / received on (*)

Name of the consumer (the consumers)

Address of the consumer (the consumers)

Signature of the consumer (only if communicated by post by letter) Date, place "(*)

Delete where not applicable


8.4.4 Contact details for withdrawal

In the case of a written declaration of revocation:

Shivadiva GmbH
Kantstr. 108
10627 Berlin

In the event of a revocation by e-mail: service@shiva-diva.com

In case of cancellation by returning the goods:

Shivadiva GmbH
c/o

Greenfillment UG
Mittelstrasse 16/99-475
15827 Blankenfelde-Mahlow



8.5 Consequences of Cancellation

8.5.1 In the event of withdrawal from the contract, the seller must return all payments received from the customer, excluding shipping costs, within 14 days. This period of 14 days for repayment begins when the seller receives the declaration of revocation.

8.5.2 The same payment method that the customer chose in the original transaction will be used for the refund.

8.5.3 Repayment can be refused until the seller has received the goods back in full. The goods must be returned to the above address without undue delay and no later than within 14 days from the day the customer informed the seller about the withdrawal from the contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

8.5.4 The seller will only bear the cost of returning the goods if the customer uses the return slip and the return label or slip attached to the original delivery. You can find more information about the return procedure in the online shop under Customer Service under "Shipping & Delivery" .

8.5.5 Any loss in value of the goods is only payable by the customer if this loss in value is due to the handling of the goods that is not suitable or necessary for checking the quality, properties and functionality.

9 WARRANTY / LIABILITY & COMPLAINTS

9.1 If an item that the customer has purchased from the Voyageorganics online shop is defective, the customer is entitled to statutory rights under the warranty / liability for defects; The article can therefore be claimed. The customer's statutory warranty claims are not limited by a guarantee. The statutory warranty claims do not affect the statutory right of withdrawal under paragraph 8. However, the seller is only liable for damage under paragraph 10.

9.2 The customer is obliged to check the received goods for obvious errors and to inform the seller within 2 weeks after receipt of the goods. The decisive factor is the timely dispatch of the advertising to the seller. If the customer does not comply with the obligation to report defects, warranty claims for these obvious defects are excluded.

9.3 The special provisions according to paragraph 9 continue to apply to claims for damages by the customer.

9.4 In addition, the statutory warranty rights apply.

9.5. Procedure in case of a complaint:

Send the goods together with a copy of the invoice/delivery note briefly explaining the defect using the return label and the return slip enclosed with the original delivery to the following address:

Shivadiva GmbH
c/o

Greenfillment UG
Mittelstrasse 16/99-475
15827 Blankenfelde-Mahlow



9.6 If goods are delivered with obvious damage to the packaging or the contents, the customer should, without prejudice to his warranty rights, immediately complain to the responsible deliverer, refuse acceptance and immediately contact customer service

Shivadiva GmbH
Kantstr. 108
10627 Berlin

In case of complaint by email: service@shiva-diva.com.
In the event of a complaint by returning the goods:

Shivadiva GmbH
c/o

Greenfillment UG
Mittelstrasse 16/99-475
15827 Blankenfelde-Mahlow

Contact us so that Shivadiva can protect all rights against the sender. If you have further questions, Shivadiva customer service can be contacted at any time.

10 TRANSFER OF RISK

The risk of accidental loss or deterioration of the goods passes to the customer upon acceptance of the delivery item.

11 LIABILITY

11.1 The seller is liable for intent and gross negligence; in the case of simple negligence only for damages that are due to injury to life, limb, health or a significant contractual obligation.

11.2 An essential contractual obligation is an obligation the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and can rely. If this is violated, the seller's liability is limited to compensation for foreseeable, typically occurring damage. The liability of the seller is excluded.

11.3 The above limitations of liability also apply to the seller's legal representatives and vicarious agents.

11.4 The resulting limitations of liability do not apply if the seller maliciously concealed a defect or assumed a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.

12 DISCLAIMER FOR FOREIGN LINKS

12.1 As far as links to websites of other providers are available, the seller has no influence on their content. Therefore, the seller assumes no liability and liability for this content. The respective provider or operator of the website is always responsible for the content of this website.

12.2 However, permanent monitoring of the content of the linked pages does not make sense without concrete indications of a violation. Upon notification of legal violations, such links will be removed immediately.

13 PRIVACY

Shivadiva attaches great importance to lawful data processing to protect your personal data (see data protection ).

14 GOVERNING LAW AND JURISDICTION


14.1 Should any provision of these General Terms and Conditions be or become invalid, all others will remain in effect. Instead of the invalid provision and in the event of gaps in the provisions of these General Terms and Conditions, the relevant statutory provisions shall apply.

14.2 All contracts are exclusively subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the customer is resident abroad.

14.3 The legal provisions apply to the place of jurisdiction. The seller does not participate in dispute settlement procedures before a consumer arbitration board.

14.3 Place of jurisdiction is Cologne, North Rhine-Westphalia.


15 CUSTOMER SERVICE


Shivadiva attaches great importance to your satisfaction. Our customer service is available using the contact details below for any issue related to the online store or any questions you may have about these Terms and Conditions.

We endeavor to process every request as quickly as possible.

16 WEBSITE PROVIDER

The website offered under the domain shiva-diva.com is operated by the

Managing Director: Jens Schröder, Kantstr. 108, 10627 Berlin, e-mail: jens@shiva-diva.com, HRB 199601 B, District Court of Berlin Charlottenburg


17 SETTINGS

Shivadiva reserves the right to adjust these General Terms and Conditions accordingly.

* Calls and faxes to the German landline network of Deutsche Telekom, costs may vary depending on the provider or mobile network.