Terms and Conditions

General Terms and Conditions (GTC)

The following General Terms and Conditions (GTC) govern the sale of products by Julius Hegemann, Bassermannweg 5, 12207 Berlin, Phone: 015567259013, Email: info@traumwiese.com, hereinafter referred to as "Provider," through the online shop at www.traumwiese.com.
§ 1 Scope of Application
(1) These GTC apply to all contracts concluded between the Provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at www.traumwiese.com.
(2) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.
(3) The range of products offered includes: cosmetic articles, food supplements, fragrance oils, essential oils.
§ 2 Conclusion of Contract
(1) The contract is concluded with the Provider: Julius Hegemann, Bassermannweg 5, 12207 Berlin.
(2) The contract and negotiation language is German.
(3) The offers are exclusively directed at customers with a delivery address within the European Union.
(4) The customer must be at least 18 years old.
(5) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the "buy" button at the end. The receipt of the order will be confirmed by an automatic e-mail, which does not yet constitute acceptance of the offer. The purchase contract is only concluded by an explicit acceptance confirmation by e-mail or by the shipment of the goods.
(6) Orders that exceed household quantities require the express consent of the Provider. This applies to both the number of products ordered within a single order and the placement of multiple orders for the same product.
(7) The order data will be stored after the conclusion of the contract and can be viewed in the customer login.
§ 3 Right of Withdrawal
(1) Right of Withdrawal for Private Customers
The customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last goods.
To exercise the right of withdrawal, the customer must inform the Provider, Julius Hegemann, Bassermannweg 5, 12207 Berlin, by means of a clear statement (e.g., a letter sent by post or an e-mail) of his decision to withdraw from the contract. The customer can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of Withdrawal
If the customer withdraws from the contract, the Provider shall repay all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of the withdrawal from this contract was received by the Provider. For this repayment, the Provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged fees for this repayment. The Provider may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any case no later than fourteen days from the day on which he informs the Provider of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.
The customer bears the costs of returning the goods.
The customer must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics, and functioning of the goods.

Sample Withdrawal Form
If the customer wishes to withdraw from the contract, he can fill out and return this form:

Julius Hegemann - Traumwiese

Bassermannweg 5, 12207 Berlin

I/we hereby revoke the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name(s) of the consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s) (only for communication on paper):

________________________________


(3) Right of withdrawal for business customers
Business customers (as defined in § 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be cancelled according to statutory provisions or contractually agreed conditions.
§ 4 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiry date would be exceeded quickly. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery, are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that, after delivery, have been inseparably mixed with other goods due to their nature. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs, or software, are also excluded from the right of withdrawal.
§ 5 Prices and shipping costs
(1) All prices stated include statutory value-added tax.
(2) The stated prices do not include the respective shipping costs, unless expressly stated otherwise.
(3) It may happen that products in the online shop are accidentally marked with an incorrect price. In such a case, the provider will contact the customer before shipping the goods to inform them that the actual price is higher and to ask if they wish to purchase the product at the correct price or to cancel the order. If the correct price of a product is lower than the stated price, the provider will charge the lower amount and send the product.
(4) The prices stated at the time of the order apply. If list prices are available, the list prices at the time of the order apply.
§ 6 Customs
(1) For orders for delivery outside the European Union, import duties and taxes may apply, which are levied once the package reaches its destination. These additional charges must be borne by the customer; the provider has no control over these charges. As customs policies vary from country to country, the customer should contact their local customs office for further information.
(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.
§ 7 Terms of payment
(1) The payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.
(2) PayPal: After completing the order, the customer will be redirected to PayPal, where they can initiate the payment. Shipping will take place after confirmation of receipt of payment.
(3) The customer enters their Maestro card details during the order process. The debit will take place after the goods have been shipped.
(4) Credit card: The customer enters their credit card details during the order process. The debit will take place after the goods have been shipped.
(5) SEPA Direct Debit: The customer grants the provider a SEPA basic mandate. The advance notice of the debit will be sent before the account is charged. Shipping will take place after the invoice amount has been collected.
(6) Klarna: The customer can pay via Klarna on account or in installments. The payment terms are determined by Klarna.
(7) Apple Pay: The customer enters their Apple Pay details during the order process and confirms the payment via Apple Pay. The debit will take place after the goods have been shipped.
(8) Upon shipment of the goods, the invoice will be sent by e-mail or, if no e-mail address is on file, by post to the specified billing address.
(9) If the customer defaults on payment or if a chargeback occurs, the provider is entitled to claim damages for delay (e.g., dunning fees, default interest, chargeback fees).
(10) Payment by sending cash or checks is not possible.
§ 8 Retention of title
(1) The delivered goods remain the property of the provider until full payment of the purchase price.
(2) The customer is obliged to treat the goods with care during the retention of title. In particular, they must carry out all necessary maintenance and inspection work in good time at their own expense.
(3) The customer must notify the provider immediately in writing if the goods are seized or subjected to other interventions by third parties, so that the provider can file a lawsuit in accordance with § 771 ZPO. Insofar as the third party is not able to reimburse the provider for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss incurred by the provider.
§ 9 Delivery, cancellation and shipping
(1) Unless otherwise stated in the offer, the delivery time is expected to be 5 working days. The provider endeavors to comply with the stated delivery times. If delivery deadlines cannot be met, the customer will be informed immediately and payments already made will be refunded.
(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on the availability of products can be found on the provider's website. All information regarding availability, shipping or delivery times is non-binding, unless expressly marked as binding.
(3) Should it be determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by e-mail or message in the customer account. The customer's statutory rights remain unaffected.
(4) Delivery depends on the payment method chosen by the customer. For advance payment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after conclusion of the contract.
(5) Should the order be shipped in several packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation is concluded with regard to each shipping confirmation.
(6) The customer can cancel their order free of charge until the goods are shipped. After shipment, a cancellation is only possible according to the regulations on the right of withdrawal.
(7) Partial deliveries are permissible, as far as they are reasonable for the customer. Additional shipping costs only arise by express agreement.
(8) Should the delivery of the goods fail due to the fault of the customer, the provider reserves the right to withdraw from the contract. Payments already made will be reimbursed to the customer immediately.
(9) If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier does not fulfill its contractual obligations, the provider is entitled to withdraw. In this case, the customer will be informed immediately and payments already made will be refunded.
(10) Should the delivery of the ordered products be delayed or made impossible by force majeure or other unforeseeable, extraordinary and blameless circumstances - such as natural disasters, war, strikes or official measures - the delivery periods will be extended accordingly. The provider will inform the customer immediately about the unavailability. In these cases, the provider is entitled to withdraw from the contract. The customer will be informed immediately about the withdrawal and payments already made will be refunded.
(11) The provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed upon.
§ 10 Shipping damage
(1) Should you receive goods with obvious shipping damage, please immediately report such defects to the delivery agent and contact us without delay.
(2) Failure to report a complaint or make contact has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.
§ 11 Warranty
(1) Warranty for private customers
If the customer is a consumer, the warranty is governed by statutory provisions. Consumers in the EU also have a statutory warranty right of two years from delivery of the goods, in addition to their 30-day return guarantee.
(2) Used goods
For used goods, the warranty period may be shorter than two years.
(3) Warranty for business customers
If the customer is not a consumer, a defect will be rectified by redelivery or rectification. The provider can choose whether the supplementary performance is carried out by remedying the defect or delivering a defect-free item. For business customers, the limitation period is one year. This restriction does not apply to claims for damages based on injury to life, body or health, or in cases of intent or gross negligence.
§ 12 Liability (for private customers)
This liability clause applies exclusively to private customers (as defined in § 13 BGB).
(1) If the customer is a consumer, liability is governed by statutory provisions.
(2) The provider's liability for breaches of contractual obligations and tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer's life, body, and health, to claims for breach of essential contractual obligations (cardinal obligations), and to compensation for damages due to delay in accordance with § 286 BGB. In this respect, the provider is liable for every degree of fault.
(3) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose observance the customer may regularly rely.
(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.
(5) The provider assumes no responsibility for the content and accuracy of the information in customers' registration and profile data, as well as other content generated by customers.
(6) Claims for damages are limited to the foreseeable, typical contractual damage. In case of delay, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, body, or health expire after 30 years; all other claims for damages expire after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or would have had to become aware without gross negligence (§ 199 para. 1 BGB).
(8) The provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and provisions. In case of violations, the provider reserves the right to remove these contents in whole or in part, if necessary.
(9) Liability under the Product Liability Act remains unaffected.
§ 13 Liability (for business customers)
This liability clause applies exclusively to business customers (as defined in § 14 BGB).
(1) The provider's liability for breaches of contractual obligations and tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer's life, body, and health, to claims for breach of essential contractual obligations (cardinal obligations), and to compensation for damages due to delay in accordance with § 286 BGB. In this respect, the provider is liable for every degree of fault.
(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose observance the customer may regularly rely.
(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.
(4) The provider assumes no responsibility for the content and accuracy of the information in customers' registration and profile data, as well as other content generated by customers.
(5) Claims for damages are limited to the foreseeable, typical contractual damage. In case of delay, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body, or health expire after 30 years; all other claims for damages expire after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or would have had to become aware without gross negligence (§ 199 para. 1 BGB).
(7) The provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and provisions. In case of violations, the provider reserves the right to remove these contents in whole or in part, if necessary.
(8) Liability under the Product Liability Act remains unaffected.
§ 14 Data protection
(1) The collection and processing of personal data is carried out in accordance with applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to pass it on to third parties, unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right to receive information about the data stored about them at any time free of charge, and to request their correction, deletion, or restriction of processing.
(3) Further information on data protection can be found in the provider's privacy policy.
§ 15 Set-off and right of retention
(1) The customer is only entitled to set off if their counterclaim has been legally established or is undisputed by the provider.
(2) The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 16 Special provisions for digital products and services
(1) Digital products are usually made available to the customer by download or e-mail. The customer receives the corresponding access data or download links after receipt of payment.
(2) Statutory liability for defects applies to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e., rectification of the defect or delivery of a defect-free product.
(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The provider assumes no liability for disruptions or damages resulting from a lack of technical requirements on the customer's part.
(4) For services that are not provided in the form of physical products or digital content, the statutory provisions for service contracts (§§ 611 ff. BGB) apply.
(5) The customer undertakes to provide all necessary cooperation in a timely and complete manner when using services. If the customer does not comply with this obligation, the provider may charge for the additional effort incurred.
§ 17 Rights of use for digital content
(1) Upon purchase of a digital product, the customer receives a simple, non-transferable, unlimited right of use to the acquired content, unless otherwise agreed.
(2) The customer is not entitled to reproduce, distribute or make the digital content publicly accessible, unless this is expressly permitted by contract.
(3) All copyrights remain with the provider or the respective rights holder.
§ 18 User account
(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep their access data (username and password) secure and protect them from third-party access. The provider is not liable for damages resulting from the misuse of the access data, unless the provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of user accounts.
(2) The customer is obliged to update changes to their personal data, in particular contact and payment data, immediately in the user account.The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.
(3) The provider reserves the right to suspend or delete the user account if there are indications of misuse, the customer violates these GTC, or the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The provider will promptly delete the user account and all associated data, provided there are no legal retention obligations to the contrary. After the deletion of the user account, the customer can only create a new user account by re-registering.
(4) The provider endeavors to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance or unforeseeable events (e.g., force majeure) cannot be excluded. The provider is not liable for damages caused by temporary unavailability of the user account, unless the provider is responsible for the unavailability.
(5) The provider reserves the right to change, expand, or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer by e-mail at least four weeks before they take effect. If the customer does not object to the changes within four weeks after receipt of the change notification, the changes are deemed accepted. The provider will specifically inform the customer of this legal consequence in the change notification.
§ 19 Changes to the GTC
(1) The provider reserves the right to amend these GTC at any time with effect for the future.
(2) The changes will be communicated to the customer by e-mail at least four weeks before they take effect.
(3) If the customer does not object to the changes within four weeks after receipt of the change notification, the changes are deemed accepted. The provider will specifically inform the customer of this legal consequence in the change notification.
§ 20 Force Majeure
(1) Events of force majeure that significantly impede or make impossible the delivery by the provider entitle the provider to postpone the delivery for the duration of the impediment or to withdraw from the contract entirely or partially due to the unfulfilled part.
(2) Force majeure includes all events that are beyond the control of the provider and whose occurrence was not foreseeable at the time of concluding the contract, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions without fault of the provider.
§ 21 Assignment of Contract
(1) The provider is entitled to transfer its rights and obligations arising from this contractual relationship wholly or partially to a third party with a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect.
§ 22 Applicable Law and Jurisdiction
(1) All legal relations between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business.
§ 23 Online Dispute Resolution and Participation in a Conciliation Procedure
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://www.ec.europa.eu/consumers/odr. The provider is willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.
§ 24 Final Provisions
(1) The contract language is German.
(2) The provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under 18 years of age may only use the website with the involvement of a parent or guardian.
(3) Should individual provisions of these GTC be or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the ineffective or unenforceable provision.
(4) Amendments or additions to these GTC must be made in writing. This also applies to the waiver of this written form requirement.
(5) The provider reserves the right to make changes to the website, rules, terms including these GTC at any time. Your order will be subject to the terms of sale, contract terms, and GTC in force at the time of your order, unless a change to these terms is required by law or by official order (in which case they will also apply to orders you have previously placed).
(6) There are no verbal ancillary agreements. Amendments or additions to this agreement must be made in writing.