GENERAL TERMS AND CONDITIONS (T&Cs)

The following general terms and conditions apply to all sales contracts with private customers on this page. The general terms and conditions for business customers can be found here.

Your provider and contractual partner, NGPH GmbH is an offer of:

NGPH GmbH
Humboldtstraße 62
22083 Hamburg
E-Mail: contact@herbliz.com
CEO: Tobias Hupfauer
Commercial Register no.: HRB 207837 B
VAT-ID: DE326018631

§ 1 Scope of Application

The following general terms and conditions (hereinafter referred to as "T&Cs") apply to the contract between the customer, including its legal successor, and NGPH GmbH via the online shop www.herbliz.de including the Domains forwarded thereon, concluded contract for the delivery of the goods offered by NGPH GmbH. All deliveries, services and offers of NGPH GmbH are made exclusively on the basis of these terms and conditions.

Both consumers and entrepreneurs are considered customers according to §1 (1). A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. On the other hand, an entrepreneur is a natural or legal person or a partnership with legal capacity that appoints for commercial, independent or freelance purposes.

§ 2 Order and Conclusion of a Contract

The presentation of products in the online store www.herbliz.de does not constitute an offer but only an invitation to submit a purchase order. You can order goods by completing the electronic ordering process via our online shop. When selecting one or more products, the latter are placed in the virtual shopping cart. All products associated with the shopping cart can be viewed in the shopping cart. In addition, the number of selected products can be varied, and a selected product can be removed. By pressing the "checkout" button, you will be prompted to enter the information relevant for shipping and to select a payment method. Before completing the order, you will be shown all information relevant to the order in summary. By pressing the button "Buy Now" the ordering process is completed.

Your order constitutes a binding offer. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by delivery of a shipping confirmation by E-mail or by delivery of the goods within five days.

In the absence of any other agreement or announcement, our promotional offers are subject to change.

If you wish to change the order or if you have questions about the return, you can contact us by e-mail at: contact@herbliz.com.

§ 3 Prices

The prices listed for the products at the time of ordering shall apply to orders. All prices quoted include German statutory VAT and include shipping costs. Additional costs will be charged separately.

§ 4 Terms of Delivery

Delivery within Germany is free of charge from an order value of 50 EUR. With an order value of less than 50 EUR the delivery takes place at a shipping cost flat rate of 4.90 EUR.

NGPH GmbH reserves the right to make partial deliveries if this is allows for quicker processing and is reasonable for you. Should partial deliveries occur, the resulting costs will be borne by NGPH GmbH.

Delivery is via DHL. NGPH GmbH ships from midday, Monday to Friday within 24 hours of the order placement. Items ordered before midday will be shipped the same day. If, in exceptional cases, an article is not ready for dispatch within 24 hours, you will be informed by email.

• If a buyer does not accept the goods, NGPH GmbH may sell the goods to a third party after expiry of a period of two weeks and make the original buyer liable for any loss incurred.

• If the goods are not available due to force majeure or product discontinuation or NGPH GmbH cannot procure the ordered products under reasonable conditions and if these circumstances occur only after conclusion of the contract where NGPH GmbH cannot be made responsible, NGPH GmbH shall be released from the obligation to deliver. Should events occur that make delivery considerably more difficult or impossible for NGPH GmbH - such as strikes, lockouts, official orders or the like - NGPH GmbH shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.

• If you use your right of withdrawal, the return is free of charge for you.

§ 5 Terms of Payment

• For orders we offer the payment methods Klarna sofort Zahlen (instant pay), Klarna Rechnung (pay within 14 days), Klarna Ratenkauf (financing) and Paydirekt. We reserve the right to exclude certain payment methods.

• In cooperation with Klarna, we offer invoice purchase as a payment option. When paying with Klarna, you never need to provide your account details. You do not pay until you have received the goods. In the case of the Klarna Rechnung (pay in 14 days) payment method, delivery to a delivery address different from the billing address is not possible. We ask for your understanding.

Klarna Rechnung:

When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. Further information and Klarna's complete general terms and conditions for purchase on account can be found here.

Klarna checks and evaluates the data of the consumer and maintains a data exchange with other companies and credit agencies (credit check) if justified. If the creditworthiness of the consumer is not guaranteed, Klarna AB can refuse the customer the right to use Klarna's payment methods and must point out alternative payment options. Your personal data will be treated in accordance with the Data Protection Act and will not be passed on to third parties for advertising purposes. Find out more about Klarna's Privacy Policy here.

For more information about Klarna visit www.klarna.com.

Klarna AB, Company and Corporation number: 556737-0431

§ 6 Transfer of Risk

In the case of consumers, the risk of an unforeseeable loss and accidental deterioration of the ordered goods is transferred to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. In other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, in the case of a purchase of the goods upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.

§ 7 Retention of Title; Offsetting; Right of Retention

• For consumers, we reserve ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

• You are only entitled to a right to off-set if your counterclaims have been legally established or are undisputed or recognised by us, unless your counterclaim is based on the same contractual relationship. Any right of retention also exists only if and insofar as your counterclaim is based on the same contractual relationship.

• If the customer is in default with any payment obligations towards us, all existing claims become due immediately.

For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of granted consent, please contact: hello@newgardenpharma.com.

§ 8 Withdrawal

If you are a consumer within the meaning of §13 BGB, you have a right to withdrawal. The right to withdrawal does not apply to distance contracts which are clearly tailored to personal needs or which are not suitable for a return due to their nature.

CANCELLATION INSTRUCTION

RIGHT TO WITHDRAWAL

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal 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 last goods.

To exercise your right of withdrawal, you must inform us (NGPH GmbH, contact@herbliz.com) by means of a clear Declaration (e.g. a letter sent by Post or E-Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

FINANCED TRANSACTIONS

If you finance this contract with a loan and subsequently revoke it, you are also no longer bound by the loan contract, provided that both contracts form an economic unit. This can be assumed in particular if we are your lender as well or if your lender makes use of our cooperation with regard to financing. If the loan has already been granted to us when the withdrawal takes effect or when the goods are returned, your lender enters into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or the return. The latter shall not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual obligation as much as possible, make use of your right of withdrawal and also revoke the loan contract if you also have a right of withdrawal for this.

CANCELLATION CONSEQUENCES

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the date on which we received the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged fees for this repayment.

§ 9 Defects/Warranty

The statutory warranty rules apply. Important note: please consult your doctor for known intolerances. The same applies to possible interactions with other products you take at the same time.

§ 10 Data Protection

For data protection, please observe the regulations of our Privacy Policy.

§ 11 Online Dispute Resolution

The European Commission provides a platform for out-of-court Online Dispute Resolution (ODR platform), which can be found at www.ec.europa.eu/consumers/odr. We are obliged to participate in the dispute resolution procedure. You can find our e-Mail address in our imprint. A list with the contact details of the recognised dispute resolution bodies can be found at ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show

§ 12 Exclusion of Liability

• NGPH GmbH is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions. In particular, NGP Berlin GmbH is only liable for damages resulting from intentional or grossly negligent conduct, unless it concerns an injury to life, body and health or the violation of essential contractual obligations (Cardinal Obligations). Essential contractual obligations (Cardinal Obligations) are those obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and may trust. In the case of the latter, NGP Berlin GmbH's liability shall be limited to the compensation of foreseeable, typically occurring damages. The limitations of liability shall not apply if NGP Berlin GmbH has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. Claims for liability based on the Product Liability Act remain unaffected.

• The provisions of the above paragraph shall also apply analogously to the benefit of the legal representatives, executive employees and vicarious agents of NGP Berlin GmbH.

§ 13 Jurisdiction

• If the customer has no domicile within the European Union, Berlin shall be the place of jurisdiction. In dealings with end users within the European Union, the law at the end user's place of residence may also be applicable, provided that it is mandatory to apply consumer law provisions. If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

• The contract language is German.

• These terms and conditions as well as the further relations between NGP Berlin GmbH and the customer are subject to German law. The UN sales law does not apply.

§ 14 Severability Clause

If individual provisions in this agreement, including this clause, are wholly or partly invalid, or if the agreement contains a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.

 T&Cs updated 14/05/2020