General Terms and Conditions of Sale Online Shop

1. Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded through our online shop between us,

Hybrid Wellness LLC

3833 Powerline Rd 100-88A, FT Lauderdale, Florida 33309, United States of America

Managers: Lee Paulina Pape, Lisa Emmer

Email address: hello@hormonic.de

and you as our customer. The T&Cs apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms of sale, our written order confirmation and our declaration of acceptance.

(3) The version of the T&Cs valid at the time the contract was concluded is decisive.

(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.

2. Conclusion of Contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the "Order with obligation to pay" button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right to revoke your order, which may exist under Section 3, remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not yet constitute a binding acceptance of the order, unless, in addition to confirming receipt, acceptance is also declared therein.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.

(5) We generally do not consider orders for deliveries outside Germany and Austria. If necessary, you can send us an inquiry to hello@hormonic.de to see if we can arrange international shipping.

(6) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any consideration already received without delay.

3. Right of Withdrawal

(1) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you are entitled to a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

(2) If you, as a consumer, exercise your right of withdrawal, you must bear the direct costs of returning the goods, provided that we have properly informed you about this.

(3) For the rest, the regulations set out in detail in the following cancellation policy apply to the right of withdrawal.

(4) The right of withdrawal does not exist, as far as legally provided, especially for distance contracts

(a) for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

(b) for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

(c) for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

(d) for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature,

(e) for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

(f) for the supply of digital content not supplied on a tangible medium if we have begun to perform the contract after you have expressly agreed that we begin to perform the contract before the expiry of the withdrawal period, and you have confirmed your knowledge that you lose your right of withdrawal by your consent with the beginning of the performance of the contract.

(5) For sealed food supplements: A return within the scope of the right of withdrawal is only possible if the goods are returned unopened, complete and with an intact seal. If the seal has been removed after delivery, the right of withdrawal may be excluded for reasons of health protection or hygiene.

4. Delivery Conditions and Reservation of Advance Payment

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) The delivery period is approximately fourteen (14) working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract.

(3) For orders from customers with residence or business address abroad or in the case of justified indications of a payment default risk, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and shipping costs.

5. Prices and Shipping Costs

(1) All prices in our online shop are gross prices including statutory value-added tax and do not include any applicable shipping costs.

(2) The shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.

(3) If we fulfill your order in accordance with Section 4 (1) by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your declaration of contract in accordance with Section 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipping to you (outbound shipping costs) (see Section 3 (3) for other consequences of withdrawal).

6. Payment Terms and Offsetting and Right of Retention

(1) The purchase price and shipping costs are to be paid no later than two (2) weeks from receipt of our invoice.

(2) You can pay the purchase price and shipping costs at your discretion on our online shop via PayPal or credit card (incl. PayPal). In the case of payment by EC/Maestro or credit card, we will initiate the debit from your account at the earliest at the time specified in paragraph 1.

(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Retention of Title

The delivered goods remain our property until full payment of the purchase price.

8. Warranty

(1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions, which may be enclosed with the items.

9. Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we are liable – unless otherwise stipulated in paragraph 3 – only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.

10. Copyrights

We hold copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is not permitted without our express consent.

11. Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office, Florida, United States of America. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.