General Conditions of Sale for Consumers

1. Scope

1.1 These General Terms and Conditions of Sale (hereinafter "GTC") apply to all sales contracts concluded between Agnivela GmbH (hereinafter "Agnivela") and you as a customer, provided you are a consumer.

1.2 A consumer within the meaning of Section 13 of the German Civil Code is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2. Conclusion of contract

2.1 Sales contracts between Agnivela and you can be concluded via the Agnivela online shop as well as by telephone and fax.

2.2 Conclusion of contract via the Agnivela online shop

(1) The presentation of goods in the Agnivela online shop does not constitute a binding offer.

(2) With the order - by clicking the "Buy now" button - you make a binding offer to purchase. Agnivela will send you an automatic order confirmation by e-mail, which documents the order again. This automatic order confirmation merely confirms that Agnivela has received the order and does not constitute acceptance of your offer.

(3) The contract is only concluded when Agnivela confirms the dispatch of the goods by means of a separate e-mail or by dispatching the goods.

(4) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, Agnivela will refrain from a declaration of acceptance. A contract is not concluded in this case. Agnivela will inform you of this immediately and immediately refund any consideration already received.

2.3 Conclusion of contract by telephone or fax A sales contract between you and Agnivela can also be made by telephone or fax. The offer to conclude a purchase contract is made by you. With the acceptance of the offer by Agnivela, a legally binding sales contract is formed between you and Agnivela.

2.4 If you have a customer account in the Agnivela online shop, you can call up your order data under "My Account" in the Agnivela online shop. In all other cases, Agnivela does not store the contract text separately when the contract is concluded. The content of the contract concluded between you and Agnivela then results from the order confirmation sent by e-mail and the declaration of acceptance or the e-mail sent after the conclusion of the contract.

3. Right of Withdrawal

3.1 As a consumer, you are entitled to the following right of withdrawal when making a purchase via the Agnivela online shop or by telephone or fax.

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– Right of withdrawal –

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us

Agnivela GmbH

Poststrasse 14 – 16

20354 Hamburg, Germany

Phone: +49 40 60 731 424

Email: info@agnivela.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. Consequences of revocation If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You have to return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract,

Agnivela GmbH

Poststrasse 14 – 16

20354 Hamburg, Germany

to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Sample withdrawal form (If you want to revoke the contract, please fill out this form and send it back.)

– To

Agnivela GmbH

Poststrasse 14 – 16

20354 Hamburg, Germany

Phone: +49 40 60 731 424
E-Mail: info@agnivela.com

– 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 consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s)

- Date (*) Delete where not applicable.

- End of revocation -

3.2 Reasons for Exclusion or Expiration

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

4. Retention of title, set-off and right of retention

4.1 The delivered goods remain the property of Agnivela until full payment has been made.

4.2 You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed.

4.3 As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.

5. Delivery

5.1 Agnivela is entitled to make partial deliveries if this is reasonable for you.

5.2 The goods will be delivered to the delivery address you have specified. Unless otherwise agreed, the goods will be sent to you within 2 to 5 working days after the conclusion of the contract and receipt of payment.

5.3 The risk of accidental loss or accidental deterioration of the goods (transfer of risk) passes to you when the goods are handed over.

6. Prices / shipping costs

6.1 The prices at the time of the order apply. All prices are end consumer prices and include the statutory value added tax and do not include shipping costs and any payment fees.

6.2 Agnivela will inform you about the shipping costs incurred before the contract is concluded. When ordering via the Agnivela online shop, the price including VAT and any shipping and payment costs will also be displayed in the order form before the contract is concluded.

7. Terms of payment; means of payment

7.1 Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. In the event of late payment, Agnivela is entitled to charge default interest of 5 percentage points above the base rate of the European Central Bank.

7.2 The following payment methods are generally available to you. Agnivela reserves the right to carry out a credit check and, if necessary, to exclude certain payment methods:

(1) Payment via PayPal

You pay the invoice amount via the online provider PayPal. You must be registered with PayPal or register, identify yourself with your access data and confirm the payment order to Agnivela. As soon as the invoice amount has been credited to our account, the goods will be sent to you.

(2) Payment in advance

When paying in advance, you transfer the invoice amount to the Agnivela account specified in the order confirmation. As soon as the invoice amount has been credited to our account, the goods will be sent to you.

8. Gewährleistung und Haftung

8.1 Agnivela is liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

8.2 Claims for material defects do not exist if you modify the goods, treat them improperly or use them in a way that is not related to the proper use of the goods.

8.3 You acknowledge that the delivered goods are purely natural products consisting of various essential oils. The odors emitted by the delivered goods can have a calming effect on people and thus contribute to restful sleep. A specific quality is not associated with it. Claims for material defects therefore also do not exist if you are not satisfied with the effect of the delivered goods.

8.4 Agnivela expressly reserves the right to make product-related changes to the products in terms of shape, colour, weight and design, provided that the changes and/or deviations are reasonable for you, taking into account Agnivela's interests.

8.5 Agnivela has unlimited liability for damage resulting from the breach of a guarantee or from injury to life, limb or health. The same applies to intent and gross negligence, to mandatory statutory liability for product defects (in particular under the Product Liability Act) and to liability for fraudulent concealment of defects. Agnivela is only liable for slight negligence if essential obligations are violated which arise from the nature of the contract and which are of particular importance for the achievement of the purpose of the contract. In the event of a breach of such obligations, delay or impossibility, Agnivela's liability is limited to such damage that is typically to be expected within the framework of the contract.

9. Privacy

9.1 Agnivela uses the personal data you provide (e.g. name, address, e-mail address, telephone number, account details) in accordance with the applicable provisions of German data protection law.

9.2 All personal data are always treated confidentially. The personal data required for business transactions as well as other data provided voluntarily are stored by Agnivela and processed and used to process orders, manage customer relationships, deliver goods, process payments and avert bad debts, as well as to service partners whose Agnivela is part of the contract processing (e.g. forwarding companies or credit institutions), passed on. Furthermore, data is used for our own advertising and marketing purposes, e.g. for sending written advertising information. Agnivela will use your e-mail address to send you promotional offers, unless you have objected to this. If your consent is required for this, Agnivela will obtain this in advance. An advertising approach by telephone will also only take place if you have given your express consent. › You can find more information about our privacy policy here

9.3 Agnivela grants the statutory right of withdrawal for online purchases. Agnivela collects and stores data about the returned goods in this context. To avoid excessive returns, Agnivela evaluates this data backwards for up to 12 months and addresses customers with high return rates with the aim of finding a mutually satisfactory solution. Agnivela reserves the right to exclude customers with a high return rate from purchasing through the Agnivela online store.

9.4 You may at any time by notifying the

Agnivela GmbH

Poststrasse 14 – 16

20354 Hamburg, Germany

Phone: +49 40 60 731 424
E-Mail: info@agnivela.com

object to the use and processing of your data for your own advertising and marketing purposes with effect for the future, without incurring any costs other than the transmission costs according to the basic tariffs, and revoke any consent you have given to the use of your data with effect for the future. We will provide you with written information about your personal data stored by Agnivela at any time and free of charge.

10. Complaints procedure via online dispute resolution for consumers (OS)Platform of the EU Commission for online dispute resolution: http://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11. Governing Law and Place of Performance

11.1 The law of the Federal Republic of Germany applies.

11.2 The place of performance is Kressbronn/Lake Constance..

General conditions of sale for companies Applicable in national and international business transactions with entrepreneurs, legal entities under public law and special funds under public law.

1. Scope

1.1 These general terms and conditions of sale (hereinafter "GTC") apply to the entire delivery relationship between Agnivela GmbH (hereinafter "Agnivela") and the customer, even if they are not mentioned in later contracts.

1.2 Conflicting, additional or deviating conditions of the customer do not apply unless Agnivela has expressly agreed to their validity in writing. These terms of sale also apply if Agnivela makes a delivery to the customer without reservation in the knowledge of his conflicting or deviating terms.

1.3 Additional or deviating agreements to these terms of sale, which are made between Agnivela and the customer for the execution of a contract, must be recorded in writing.

1.4 Rights to which Agnivela is entitled under the statutory provisions beyond these Terms of Sale remain unaffected.

1.5 Insofar as compliance with the written form is required in these terms of sale, a declaration made with the help of automatic devices without a signature and name is deemed to be in writing.

2. Conclusion of contract

2.1 Sales contracts between Agnivela and the customer can be concluded via the Agnivela online shop as well as by telephone and fax.

2.2 Conclusion of contract via the Agnivela online shop

(1) The presentation of goods in the Agnivela online shop does not constitute a binding offer.

(2) With the order - by clicking the "Buy now" button - the customer submits a binding offer to purchase. Agnivela sends the customer an automatic order confirmation by e-mail, which documents the order again. This automatic order confirmation merely confirms that Agnivela has received the order and does not constitute acceptance of its offer.

(3) The contract is only concluded when Agnivela confirms the dispatch of the goods to the customer by means of a separate e-mail or by dispatching the goods.

(4) If delivery of the goods ordered by the customer is not possible, for example because the goods in question are not in stock, Agnivela will refrain from a declaration of acceptance. A contract is not concluded in this case. Agnivela will inform the customer about this immediately and immediately refund any consideration already received.

2.3 Conclusion of contract by telephone or fax A purchase contract between the customer and Agnivela can also be made by telephone or fax. The offer to conclude a purchase contract is made by the customer. With the acceptance of the offer by Agnivela, a legally binding purchase contract is concluded between the customer and Agnivela.

2.4 If the customer has a customer account in the Agnivela online shop, he can call up his order data under "My Account" in the Agnivela online shop. In all other cases, Agnivela does not store the contract text separately when the contract is concluded. The content of the contract concluded between the customer and Agnivela then results from the order confirmation sent by e-mail and the declaration of acceptance or the e-mail sent after the conclusion of the contract.

3. Delivery; delivery times; default

3.1 Unless otherwise agreed, the goods will be sent to the customer within 2 to 5 working days after the conclusion of the contract and receipt of payment.

3.2 Agnivela's order confirmation is decisive for the scope of delivery. Changes to the scope of delivery require written confirmation from Agnivela to be effective. We reserve the right to make changes to the design and shape of the goods, provided the changes are not significant and reasonable for the customer.

3.3 Agnivela is entitled to make partial deliveries if this is reasonable for the customer.

3.4 The goods are delivered to the delivery address specified by the customer. Unless otherwise agreed, the goods will be sent to the customer within 2 to 5 working days after the conclusion of the contract and receipt of payment.

3.5 If the non-compliance with the delivery deadlines is due to untimely delivery, force majeure or other disruptions for which Agnivela is not responsible, the agreed delivery deadlines are extended by the duration of the hindrance. This also applies to industrial action that affects Agnivela and its suppliers. If the hindrance lasts longer than 45 days, both parties are entitled to withdraw from the contract.

3.6 Notwithstanding § 377 HGB, the customer is obliged to examine the goods upon delivery for externally visible damage and to report any damage to the transport company that carries out the delivery and to have a corresponding written confirmation issued. If the customer does not comply with this obligation, he is obliged to compensate Agnivela for the resulting damage.

4. Passing of risk; delay of acceptance

4.1 The risk of accidental loss or accidental deterioration of the goods passes to the customer as soon as Agnivela hands over the goods to the person responsible for transport. This also applies if partial deliveries are made or Agnivela has taken on additional services. At the request of the customer, Agnivela will insure the goods at his expense with transport insurance against the risks to be specified by the customer.

4.2 If the customer is in default of acceptance, Agnivela can claim the resulting damage as follows: 0.5% of the net price of the delivery value per day of delay, but a maximum of 5% of the net price of the delivery value. The contracting parties reserve the right to claim further damages and to prove lesser damages. The risk of accidental loss or accidental deterioration of the goods passes to the customer at the point in time at which he is in default of acceptance.

4.3 Delivered goods are to be accepted by the customer without prejudice to his claims for defects even if they have minor defects.

5. Prices / shipping costs

5.1 The agreed price in EURO, which results from the order confirmation, plus sales tax, applies. As an exception, the order confirmation does not contain any price information, the price list valid at the time of delivery applies. Statutory sales tax is not included in the price and is shown separately on the invoice at the statutory rate applicable on the day of invoicing.

5.2 In the absence of a special agreement, the prices apply EXW according to Incoterms® 2010 or "ex works" (...) excluding packaging. The customer bears the transport costs as well as the costs of any transport insurance, customs duties, etc. requested by the customer.

5.3 Deviating from § 195 BGB, Agnivela's claims for payment become time-barred after five years.

6. Terms of payment; means of payment

6.1 After the conclusion of the contract, the customer receives an invoice in PDF format.

6.2 Unless otherwise agreed, payment of the purchase price is due immediately upon receipt of the invoice.

6.3 Payment must be made by bank transfer to the account specified on the invoice. A payment is deemed to have been made when Agnivela can dispose of the amount.

7. Retention of Title

In any case, the delivered goods remain the property of Agnivela until all claims that Agnivela is entitled to from the customer from the business relationship have been paid in full.

8. Warranty and Liability

8.2 Claims for material defects do not exist if the customer changes the goods, treats them improperly or uses them in a way that is not related to the proper use of the goods.

8.3 The customer acknowledges that the delivered goods are purely natural products consisting of various essential oils. The odors emitted by the delivered goods can have a calming effect on people and thus contribute to restful sleep. A specific quality is not associated with it. Claims for material defects therefore do not exist if the customer is not satisfied with the effect of the delivered goods.

8.4 Agnivela expressly reserves the right to make product-related changes to the products in terms of shape, color, weight and design, provided that the changes and/or deviations are reasonable for the customer, taking into account Agnivela's interests.

8.6 The limitation period for customer claims for defects is 12 months and begins with the delivery of the goods. Unless this is done as a gesture of goodwill, the limitation period does not begin again for supplementary performance. It also applies to claims from tortious acts based on a defect in the goods. Agnivela's unlimited liability for damage resulting from the breach of a guarantee or from injury to life, limb or health, for intent and gross negligence and for product defects remains unaffected.

9. Privacy

9.1 Agnivela uses the personal data provided by the customer (e.g. name, address, e-mail address, telephone number, account details) in accordance with the applicable provisions of German data protection law.

9.2 All personal data are always treated confidentially. The personal data required for business transactions as well as other data provided voluntarily are stored by Agnivela and processed and used to process orders, manage customer relationships, deliver goods, process payments and avert bad debts, as well as to service partners whose Agnivela is part of the contract processing (e.g. forwarding companies or credit institutions), passed on. Furthermore, data is used for our own advertising and marketing purposes, e.g. for sending written advertising information. Agnivela uses the customer's e-mail address to send promotional offers, provided the customer has not objected to this. If his consent is required for this, Agnivela will obtain this in advance. An advertising approach by telephone also only takes place with his express consent. The customer can find further information on our data protection regulations here.

9.4 The customer can at any time by notifying the

Agnivela GmbH
Poststrasse 14 – 16
20354 Hamburg, Germany
Phone: +49 40 60 731 424
E-Mail: info@agnivela.com

object to the use and processing of his data for his own advertising and marketing purposes with effect for the future, without incurring any costs other than the transmission costs according to the basic tariffs, and revoke any consent given to the use of his data with effect for the future. We will provide the customer with written information about the personal data stored by Agnivela at any time free of charge.

10. Governing Law; place of jurisdiction

10.1 The law of the Federal Republic of Germany applies to the legal relationship between the customer and Agnivela, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.2 The exclusive place of jurisdiction for all claims arising from the business relationship is Agnivela's registered office. Agnivela is also entitled to bring an action at the customer's registered office and at any other permissible place of jurisdiction.

11. Miscellaneous

11.1 The transfer of rights and obligations of the customer to third parties is only possible with the written consent of Agnivela.

11.2 The place of performance for all services provided by the customer and Agnivela is the Poststrasse 14 – 16, DE-20354 Hamburg.