Terms and Conditions

General terms and conditions
The following terms form part of any contract between the user and the respective customer. Deliveries and services are provided exclusively on the basis of the terms and conditions below.
1.    Conclusion of a contract
Deliveries and services from the user are provided exclusively on the basis of the terms and conditions below. These are also valid for any future business relationships, even if this has not been agreed upon again expressly. When an order is placed or - at the latest - when the goods or services are received, these terms are regarded as being accepted.
Upon placing an order, the customer makes a binding contract with the user to enter into a contract with him.
A contract between the user and customer is only finalised upon order confirmation from the user. This order confirmation can be in writing, by email or given verbally. The issuing of an invoice or service delivery by the user are the same as order confirmation.
The customer must register before placing an order.
When ordering, the customer selects the desired products and places these in the basket. The customer then goes to the shopping basket and clicks on the “Order” button. The customer then receives a possible contractual partner = the named user and has the opportunity to control and, if necessary, correct the information about him/herself and the order. The customer can then click on the “Buy” button to complete the order.
The user will remain bound by specially drafted offers for 30 calendar days.
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2. Prices and terms of payment
The prices stated are from the user’s headquarters and include VAT and packaging costs.
The prices are non-binding and without obligation.
A payment shall only be deemed to have been made when the vendor has disposal over the amount; for cheque payments - with the final cashing of the cheque amount. Collection and discount expenses are borne by the customer.
Payment will be made by cash in advance, depending on your selected payment method. The Moringa shops can decide their payment methods freely. Therefore, it can be than one or more of the listed payment methods cannot be selected.
The user pays the cost of shipping. For further details on this, click on “Shipping costs”.
The customer shall be in default if he/she does not make payment within 30 days of the due date and receipt of the invoice.
 
3. Terms of delivery
Delivery of ordered goods takes place within 1 to 7 calendar days.
The user tries to adhere to time limits and deadlines. However, agreed dates and deadlines are subject to the user’s timely supply deliveries. The user has the right to cancel the contract, insofar as he/she does not receive, or does not receive the delivery object in a timely manner in spite of having closed a corresponding purchase contract on their part. The user's responsibility for intent or gross negligence remains unaffected, according to clause No.4.
If the customer fails to accept the goods or if he/she culpably infringes any other duty to collaborate, the user is within his/her rights to demand compensation for damages caused. Further claims remain unaffected. The risk of accidental loss or accidental deterioration of the purchased property will pass to the customer at the point at which the customer falls into default of acceptance.
 
4. Limitation of liability
Compensation claims arising from breaches of duty (cardinal obligations), in particular from impossibility of service provision, from positive breach of an obligation, from negligence upon contract formation or from inadmissible acts, are excluded against the user, except for loss of life, limb or health, only for wilful misconduct or gross negligence or false representation. This also applies to consequential damages such as lost profits. Except in the case of liability for intentional or grossly negligent behaviour, false representation or injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations), liability is limited to the damage which could typically have been foreseen at conclusion of the contract, and with regard to the size, limited to the typical average contract damage.
Claims due to liability under product liability laws remain unaffected.
 
5. Retention of title
All goods remain the property of the user until they have been paid for in full.
 
6. Right of withdrawal
If you are a customer -i.e. an individual who enters into a legal transaction with us for purposes that can be attributed neither to your commercial activities nor your professional activities - you have the following rights:
Information on the right of withdrawal
You can cancel your contractual statement within 14 days, without giving reason in written form (e.g. letter, fax, email) or - if the goods have been sent to you before the deadline - by
returning the products.
The term commences upon receipt of these instructions in text form, but not before the goods have reached the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery), not before contract conclusion, nor before we have fulfilled our obligations to provide information pursuant to article 246 § 2 in connection with § 1 paragraph 1 and 2 of the EGBGB (Introductory Act to the Civil Code), and not before we have fulfilled our obligations according to § 312 g clause 1, sentence 1 in conjunction with Article 246 § 3 EGBGB.
The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
The letter of cancellation has to be sent to:
 
MoringaGarden Tenerife
Inhaber: A.W. Kraus, X7063508R
Apartado de Correos 194
E-38500 Güimar / St. Cruz de Tenerife
Tel: (+34) 922 515 074 Mo - Fr fr. 9 - 11.30 oclock
E-Mail service-en(@)moringapark.eu


In case of an effective cancellation, the mutually received benefits are to be returned, as are any profits (e.g. interest). If you are either wholly or partly unable to return the goods received or can return them only in an impaired condition, you shall have to pay compensation for the value accordingly. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until revocation. For the deterioration of goods, you must only pay compensation to the extent the deterioration is due to handling beyond testing of the characteristics and functionality. “Testing the characteristics and functionality” refers to testing and trying out the goods, as is possible and customary in a retail store. You must only pay compensation for the lost value if you have used the product in a way that goes beyond the testing of characteristics and functionality.
Transportable goods will be returned at our risk.
 
Regular return costs are your responsibility if the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed a value of €40 or if, in the case of a more expensive item, you have not fulfilled your part of the agreement or made a contractually agreed partial payment at the point of the revocation. Otherwise, the return is free of charge.
Goods not suitable for delivery by parcel will be picked up.
Commitments for refunding payments have to be fulfilled within 30 days. This period shall commence for you upon sending your cancellation notice, and for us upon receipt thereof.
The right of withdrawal, unless otherwise provided, does not apply to distance selling contracts for the delivery of goods which are not suitable for return due to their nature, e.g. contracts for software which is made available for downloading and not a delivery of software if the delivered data carriers remain unopened by the customer.
Exclusion of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which, due to their nature, are not suitable for returns or which spoil quickly or which pass their expiration date.
- End of information on the right of withdrawal -
7. Final provisions
Should any provision of the above terms - based on whatever legal reason - be or become invalid, this will not affect the legal validity of the remaining conditions.
Exclusively Spanish law is applicable.
- End of the general terms and conditions -