General Terms and Conditions (GTC) — Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Granting of Usage Rights for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Rami Abou, trading as Excellence (formerly “Das Leben der Natur”) (hereinafter “Seller”), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these GTC means data created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self‑employed professional.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self‑employed professional activity when concluding a legal transaction.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer may 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 respect to the goods contained in the shopping cart by clicking the button that completes the ordering process.
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 e‑mail), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the 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 and the Customer shall no longer be bound by his declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, 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 (“PayPal”), under 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 — under the conditions for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., e‑mail, fax or letter) after the Customer has sent his order. No further accessibility of the contract text by the Seller takes place. If the Customer has created a user account in the Seller’s online shop prior to sending the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password‑protected user account using the corresponding login data.
2.6 Before submitting the order via the online order form, the Customer can detect input errors by carefully reading the information displayed on the screen. A useful technical means to better detect input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks 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 and contact usually take place by e‑mail and automated order processing. The Customer must ensure that the e‑mail address provided for order processing is correct so that e‑mails sent by the Seller can be received at that address. In particular, the Customer must ensure when using spam filters that all e‑mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
4 Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices that include statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For 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 may include, for example, fees for money transfers by credit institutions (e.g., transfer fees, currency conversion fees) or import duties and taxes (e.g., customs duties). Such costs for money transfers may also arise 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 available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the Customer selects a payment method offered via the payment service “PayPal”, payment processing is carried out via PayPal, which may use services of third‑party payment providers. If the Seller also offers payment methods via PayPal for which the Seller advances payment to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to acceptance of the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer shall pay the invoice amount within the agreed payment term or in the agreed instalments. In this case, the Customer may only discharge the debt by paying PayPal or the payment service provider commissioned by PayPal. The Seller remains responsible for general customer enquiries (e.g., regarding goods, delivery time, shipment, returns, complaints, cancellation statements and returns, or credit notes) even in the event of assignment of the claim.
4.6 If the Customer selects the payment method “Sofortüberweisung” (instant bank transfer), payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). To pay via “Sofortüberweisung”, the Customer must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate during the payment process and confirm the payment instruction. The payment transaction is then executed immediately by Klarna and the Customer’s bank account is debited. Further information on “Sofortüberweisung” is available at https://www.klarna.com/sofort/.
4.7 If the Customer selects a payment method offered via the payment service “Stripe”, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The specific payment methods offered via Stripe are indicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for processing, which may be subject to special payment conditions that will be communicated to the Customer where applicable. Further information on Stripe is available at https://stripe.com/de.
4.8 If the Customer selects the SEPA direct debit payment method via Stripe, Stripe will collect the invoice amount after the Customer has granted a SEPA direct debit mandate, but not before the pre‑notification period has expired, on behalf of the Seller from the Customer’s bank account. Pre‑notification (“pre‑notification”) is any communication (e.g., invoice, policy, contract) to the Customer announcing a SEPA direct debit. If the direct debit is not honoured due to insufficient funds or because an incorrect bank account was provided, or if the Customer unjustifiably objects to the debit, the Customer shall bear any fees charged by the respective credit institution as a result of the chargeback, provided the Customer is responsible for the reason. The Seller reserves the right to carry out a credit check when SEPA direct debit is selected and to refuse this payment method in the event of a negative credit check.
4.9 If the Customer selects the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by Stripe Payments Europe Ltd. Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5 Delivery and Shipping Terms
5.1 If the Seller offers shipment of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to outbound shipping costs if the Customer validly exercises the right of withdrawal. For return shipping costs in the event of a valid exercise of the right of withdrawal, the rule set out in the Seller’s cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self‑supply, provided that the non‑delivery is not the Seller’s fault and the Seller has concluded a concrete covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non‑availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.
5.5 Collection of goods by the Customer is not possible for logistical reasons.
5.6 Digital content will be provided to the Customer as follows:
• by direct access via the Seller’s website;
• by download;
• by e‑mail.
6 Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non‑exclusive, geographically and temporally unrestricted right to use the provided content exclusively for private purposes.
6.2 Transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to transfer the contractual licence to the third party.
6.3 If the contract relates to the one‑time provision of digital content, the grant of rights only becomes effective once the Customer has paid the due remuneration in full. The Seller may, at its discretion, permit use of the contractual content provisionally before full payment. Such provisional permission does not constitute a transfer of rights.
7 Retention of Title
If the Seller advances performance, the delivered goods remain the Seller’s property until full payment of the purchase price.
8 Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
• the Seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for warranty claims shall be one year from delivery of the goods;
• for used goods, warranty claims are excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of the warranty.
8.2 The above limitations of liability and shortening of limitation periods shall not apply
• to claims for damages and reimbursement of expenses by the Customer;
• where the Seller has fraudulently concealed the defect;
• to goods that have been used in accordance with their customary use for a building and have caused its defectiveness;
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs the statutory limitation periods for any statutory recourse claims shall remain unaffected.
8.4 If the Customer is a consumer, they are requested to report obvious transport damage to the carrier and to notify the Seller. Failure to do so shall have no effect on the Customer’s statutory or contractual warranty claims.
9 Liability
The Seller shall be liable to the Customer for all contractual, quasi‑contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
9.1 The Seller shall be fully liable on any legal ground
• in cases of intent or gross negligence;
• for intentional or negligent injury to life, body or health;
• on the basis of a guarantee promise, unless otherwise agreed in that respect;
• under mandatory liability, such as under the Product Liability Act.
9.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract, on whose compliance the Customer may regularly rely and which make the proper performance of the contract possible in the first place.
9.3 Apart from the cases mentioned above, the Seller’s liability is excluded.
9.4 The foregoing limitations of liability shall also apply to the Seller’s liability for its vicarious agents and legal representatives.
10 Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and not purchasable by the Customer (hereinafter “promotional vouchers”) may only be redeemed in the Seller’s online shop and only within the period specified.
10.2 Individual products may be excluded from the voucher promotion if such a restriction is apparent from the content of the promotional voucher.
10.3 Promotional vouchers may only be redeemed before completion of the ordering process. Subsequent crediting is not possible.
10.4 More than one promotional voucher may be redeemed in a single order.
10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6 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 used to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
10.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11 Applicable Law
All legal relations between the parties shall be governed by the law of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12 Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Version / Date: 20.10.2025, 21:22:50