General Terms and Conditions of Business (Version 1.2; 26 March 2019)
– Updated § 6 Shipping & dispatch

§ 1. General

Saina Organic GmbH, Neumann-Reichardt-Straße 27–33, 22041 Hamburg, managing director: N. Maximilian Stefan Henry West phal, phone: +49 (0) 40671 09012, [email protected] (hereinafter “VicNic” or “we”), operates an online shop at the internet address www.VicNic.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

§ 2. Contracts

2.1. The language available for contracts is English

2.2. The presentation of products on our Website does not constitute any offer by Saina Organic for a purchase contract.

2.3. By submitting the order form, that is check out, provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “complete order”.

2.4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

2.5. A purchase contract between you and Saina Organic will become effective only after we have accepted the offer by dispatching the goods ordered.

2.6. Saina Organic has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3. Cancellation Policy 

The cancellation policy applies solely to consumers under 13. of the German Civil Code of Law. Due to both customs regulations and shipping costs, we cannot issue replacements or accept returns on items shipped to addresses outside Germany.

3.1. You may repeal your contract of purchase within 14 days without having to state reasons. Provided that the product(s) is not one of the non-returnable items, and the product(s) is unopened, unused and in original situation. 

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel, therefore, return your order, you have to inform Saina Organic at [email protected], by sending us an explicit written declaration stating that you are repealing your contract of purchase. It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

3.2. Goods on which a change of mind return is not available. Return of goods from the following categories and types of goods is not accepted under the change of mind returns policy and under any other circumstances:

• Dietary and health supplements including but not limited to vitamins, minerals and protein powder;

• Goods which are liable to deteriorate or expire rapidly (including food);

• Goods which have been mixed inseparably with other items after delivery, such as but not limited to gift-sets;

• Sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery, such as unsealed beauty product, deodorant

3.3. If you repeal your contract of purchase, in the case of refund, we are obligated to refund the payment of the purchase of goods that we have received from you or exchange goods, excluding initial and new shipping costs, additional shipping costs that result from choosing a different shipping option, and incurred duties and taxes, immediately and within 14 days at most, effective the day that we receive your repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

In the case of exchange, the new goods will be sent to you within 14 days of receiving the original goods. Both new and initial delivery cost, any incurred duties and tax, will be at your expense.

We reserve the right to withhold the reimbursement until we have received the returned items. The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. All return shipments are at your expense. You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

§ 4. Prices; product presentation; availability; promotion code

4.1. The prices stated on our Website www.vicnic.com at the time of your order apply. Payments are settled in Euro. The currency conversion tool on the website just serves as an indicator for customers’ convenience only. The actual currency exchange rate is determined by the bank.

4.2. The goods offered at www.vicnic.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered. The goods are produced and developed by third party suppliers, they may regularly add and delete ingredients or change the formula. It is possible that in some cases stated ingredients on VicNic.com are different from the good that are dispatched. It is also possible that in some cases previous product versions with different declaration of ingredients can be found on the website.

4.3. If you have ordered several items at the same time, the products may be delivered at different times.

4.4. Promotion Code

4.4.1. Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website. To determine the validity period, please refer to the document which contains the promotion code.

4.4.2. Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of VicNic, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

4.4.3. Saina Organic reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by us in the case of cancelling or blocking the promotion code.

4.4.4. Return policy for orders purchased using a promotion code:

If you make use of legal right of return, you will be reimbursed only for the amount that you have actually paid, i.e. excluding the amount of payment that equals to the amount of the promotional code. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

§ 5. Storage of contract data

We store your order data. You will receive an email order confirmation stating all details entered after the transaction is completed. If you wish to print your order, you may do so by printing out this confirmation email.

§ 6 Shipping & dispatch

6.1. Saina Organic employs delivery and logistics from air mail with national posts with Deutsche Post, DHL Paket and national posts/ couriers at the destination country; FedEx, UPS or one of our partnered logistic companies. Delivering an logistics services are therefore bond with the terms & conditions of the above mentioned companies. Saina Organic is not responsible for these companies services. 

6.1.2 All delivery times stated on VicNic.com are an estimation based on the information provided by the above mentioned shipping companies. Unless agreed otherwise, delivery will be made within 60 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. Actual delivery time may vary due to unforeseeable circumstances. Saina Organic is not responsible for any variation in delivery time.

6.2. The goods will be ready for dispatch, in normal situation, within 3 working days after the date of your order. Delay may occur due to but not limited to circumstances such as unexpected volume and national holidays.

6.3. International Deliveries

6.3.1 All international shipments will be charged based on the weight and destination of your order. All international shipments must provide an English address. Address in local language regards as additional information.

6.3.2 Customers outside EU may have to pay import taxes, customs duties, or a brokerage (handling) fee for your order. If assessed, these charges are separate from your shipping fee, and they are the responsibility of the parcel recipient, who will be billed by the local Customs office or the carrier of your choice. The product prices and shipping fees as indicated are exclusive of customs and duties. Please note that all import sales taxes, customs duties, handling charges and fees are charged separately for each country, and customer will be resposible for paying these fees.

Customs policies vary widely for every country, so please check with you local customs and tax authority for information specific to your situation. Saina Organic cannot be held responsible or accountable for any taxes, duties, tariffs or any quarantine fees of package warehousing fess assessed by your local customs office.

6.3.3 In case of a returned order: if your order is returned to us for any of the following reasons we will refund your payment method for the products returned and in resalable condition, minus the original shipping fees and any additional fees incurred to return the products to our warehouse/ office (including return postage, handling, storage and quarantine fees).

  • Undeliverable address
  • No one available to accept the delivery
  • Order refused by the customer
  • Refusal to pay customs fees
  • Refused by Customs

If the cost to return the items exceed the cost of the products, then package will be abandoned and no refund will be available. If returned products are not in resalable condition, such as damaged, broke, no refund will be available. If customs decide not to reroute the package or your order or certain products are confiscated by customs due to the items being restricted then no refund will be available. Please note that products mentioned unter 3.2. such as supplements and food cannot be refunded in case of a returned order due to regulations regarding storage and expiry.

6.5. Due to complex and ever changing customs policies we cannot guarantee the items you are ordering are permitted for import into your country. Therefore, it is important that you become familiar with the customs laws in your country before placing an order. Orders that are seized or delayed by customs are the responsibility of the customer not VicNic. No refund of any kind for orders seized or destroyed by customs.

6.6. Lost orders. Delivery time frames are estimates only and do not take into account weekends, holidays, or processing and packing times (please allow up to three working days for packing). International orders may take up to 60 days to clear customs, depending upon delivery method and government procedures. An international order will not be considered “lost” until 60 days after shipment date. The shipment company will not handle claims until this 60-day period has passed.

Customers shall contact us by email [email protected] for assistance. We will file in a complaint to respective shipment company, and closely monitor the development until the case is resolved.

6.7. Address Errors. We cannot change a customers’ delivery address after an order has been submitted for air mail by national posts organized by Parcel One. We help to resolve address issues where possible for DHL Express and FedEx, but we cannot be held responsible for any delays, fees, or other delivery issues if the customers’ address was incorrectly entered at checkout.

If the error causes the order to be returned to Saina Organic warehouse or office in resalable condition, we will refund your payment method for the products returned, in resalable condition, minus the original shipping fees and any additional fees incurred to return the products to our warehouse/ office (including return postage, handling, storage and quarantine fees). If such an error causes an order to be lost, or destroyed, no refund or replacement of any kind will be available.  If the cost to return the items exceed the cost of the products, then package will be abandoned and no refund will be available. 

§ 7 Payment; default in payment; setoff; right of retention

7.1. Accepted methods of payment include: Visa Card, Master Card, PayPal, Sofort Bank Transfer.

7.2. Payment using a promotion code

7.2.1. When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “apply” in the checkout. If the order amount exceeds the promotion code balance, please select a payment method with which you wish to cover the amount remaining.

§ 8. Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

§ 9. Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

9.1. Retention of title. The goods delivered remain property of Saina Organic until full payment has been made.

§ 10. Inquiries, complaints

For any inquiries about your order or complaints, please contact our Customer Care Team:

email: [email protected], phone: +49 (0) 40 67 10 90-12, fax: +49 (0) 40 67 10 90-29

§ 11. Liability

11.1. You agree that the use of the Website is at your sole risk. The Website and the materials contained herein are provided on an “As is” and “As available” basis, except as otherwise expressly provided in this agreement. Saina Organic and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, “Saina Organic entities”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11.2. Saina Organic entities make no warranty that the Website will meet your requirements, the Website will be timely, secure, error free or uninterrupted, the results obtained from the Website will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the Website will meet your expectations and any Website errors will be corrected. Any material downloaded or otherwise obtained through the Website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No information obtained by you from Saina Organic entities or through the Website shall create any warranty not expressly stated in this agreement.

11.3 All products and services purchased through the Website are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, Saina Organic entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on the Website. Without limiting the generality of the foregoing, the Saina Organic entities expressly disclaim all liability for product defect or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.

11.4. To the maximum extent permitted by applicable law, in no event shall Saina Organic entities be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability as a publisher of information, reseller of any products or services, for any defective products, for any incorrect information or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the Website or for any other matter relating to the Website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Saina Organic entities are advised of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the arrangement between Saina Organic and you. The products, information and services offered on and through the Website would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of Saina Organic entities for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Saina Organic on the Website.

11.5. If you are dissatisfied with any portion of the Website, or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the Website.

§ 12. Not Healthcare Advice

12.1. The products and claims made about specific products on or through the Website have not been evaluated by the European Medicines Agency and are not approved to diagnose, treat, cure or prevent disease.

12.2. The Website is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Website, including information that may be provided on the Website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

12.3. Information provided on the Website and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Website including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Website does not recommend self-management of health issues. Information on the Website is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Website.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

12.4. You should not use the information or services on the Website to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Website by employees or Website users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or Website users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.

12.5. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

We are not liable for any information provided on the Website with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.

§ 13. Governing law, severability

13.1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

13.2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

§ 14. Information regarding the online dispute resolution

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

§ 15. Legal Information about the Website

15.1.You acknowledge that all materials on the Website, including the wesbite’s design, text, graphics, sounds, pictures, software, published information and other files and the selection and arrangement thereof, (collectively, “Materials”), are governed by Saina Organic copyright. In any event, an operation involving duplication, distribution or public reproduction may only be carried out if revocable and untransferable authorisation has been obtained from the us in writing.

15.2 We assume no responsibility for the online contents that are linked through the use of cross-references (links), since the situation in question does not involve in-house contents. The linked sites were checked for illegal contents, and no such contents were discernible when the link was set up. The operators of the linked sites are responsible for their contents. In this regard, the supplier is not subject to any general obligation to monitor or check. However, if a violation of the law becomes known, the respective link will promptly be removed.

§ 16. Disclaimer. 

Saina Organic cannot be held responsible for any laws or regulations that result in Customs applying additional cost to your order, whether tax or duties, nor any related seized products or delivery delays. However, the vast majority of international shipments do not experience problems or delays, and our customers are very rarely assessed additional fees. In the event additional fees are assessed to an order, the customer’s local Customs authority will contact the customer directly. By ordering from VicNic.com, you agree to the policies stated above. Saina Organic reserves the right to change these policies at any time, and we also retain the right to refuse service to any customer at our sole discretion.

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