General Terms and Conditions (AGB) and Customer Information
As of December 2021
1) Scope
(1) These General Terms and Conditions (hereinafter "Terms") of Monte Nativo Ltd. (hereinafter "we") apply to all contracts that a consumer (hereinafter "you") concludes with us for the goods and/or services shown in our online shop.
(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.
2) Identity of the contracting party and choice of law
The contract is concluded with
Monte Nativo Ltd.
Jaroslav Veshin 16,
Sofia, 1408 – Bulgaria
German branch:
Monte Nativo Ltd.
Weilbachweg 4
82541 Münsing, Germany
Phone: +49 152 27893204
Email: info@montenativo.de
Managing Director authorised to represent the company:
Bozhidar Iliev
Registered with the District Court of Sofia, CIN 203576576
VAT ID:
DE 311102957
Please send any questions or complaints to the address of the German branch above.
German law applies, with the restriction that consumers whose habitual residence is abroad may, regardless of this choice of law, rely on the mandatory consumer protection provisions of their home country.
3. Delivery restrictions
(1) Please note that in this online shop we only accept orders for delivery within Germany and the other member states of the European Union.
(2) We only deliver to other destination countries by separate arrangement. To arrange this, please contact us directly by email at info@montenativo.de or call us on +49 152 27893204. We will then let you know individually whether delivery to your chosen address outside our regular delivery area is possible and, where applicable, the delivery time and the delivery costs that apply.
4. Conclusion of the contract, contract language, orders
(1) Contracts may be concluded on this portal by persons who are at least 18 years old and who are resident in the EU or in a country belonging to the European Economic Area (EEA) (Norway, Iceland and Liechtenstein).
(2) Contracts can only be concluded in German and English.
(3) The ordering process consists of several steps. After selecting one or more products, you can place an order for individual products or for various subscriptions. In the cart you can view the products, or the products assigned to the subscription you have chosen. By clicking the "Checkout" button, you will be asked to enter the information needed for delivery and to choose a payment method. Please note that any voucher you may have (see also section 10 below) must be redeemed before completing the order. Before you complete the order, all information relevant to the order is shown to you in a summary. By clicking the "Buy now" button that completes the ordering process, the ordering process is finished and your order, which is subject to payment, is sent.
(4) The presentation of the goods or subscriptions does not constitute a binding offer. Only your order for the goods/subscription is a binding offer. You will then receive from us, without delay, an email confirming receipt of your order. This confirmation of receipt does not yet constitute acceptance of your offer.
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details. If you have already given the payment instruction before that, the purchase contract is concluded as soon as the payment instruction is given. In detail:
Payment in advance
If you pay in advance, the contract is concluded as soon as you place your order.
PayPal
The contract is concluded when the payment instruction is confirmed.
Klarna
If you choose to pay via Klarna, the contract is concluded as follows:
- with SOFORT bank transfer, when you initiate the transfer;
- with payment by direct debit or credit card, when you issue the payment order or authorise the credit card payment.
Apple-Pay
The contract is concluded with your payment instruction.
Google-Pay
The contract is concluded with your payment instruction.
5. Storage of the contract text
We store the contract text of the order. You can print it out before sending your order to us by clicking "Print" in the last step of the order. We will also send you all order details, together with our Terms and the cancellation policy and model cancellation form, to the email address you provided, along with the order confirmation. For security reasons, the contract text is no longer accessible via the internet.
6. Prices, delivery costs
(1) All prices are total prices and include statutory VAT.
(2) Delivery costs are charged separately.
Deliveries within GERMANY:
- For delivery to Germany, delivery costs are charged on orders with a goods value of less than £45. On orders with a goods value of more than £45, delivery to Germany is free.
- For delivery to another EU country, delivery costs are charged on orders with a goods value of less than £45. On orders with a goods value of more than £45, delivery is free.
(3) If we split your order into several deliveries for logistical reasons, you will not incur any additional delivery costs for the subsequent deliveries. Delivery costs are calculated and shown in the cart before an online order is placed, and are shown separately on the invoice.
7. Accepted means of payment, invoicing options,
(1) We reserve the right to exclude certain payment methods in individual cases, or to require payment in advance, by credit card or by PayPal.
Unfortunately, payment by sending cash or cheques is not possible. We exclude liability in the event of loss.
Subject to the restrictions expressly stated, we generally accept the following means of payment:
PayPal, payment in advance, Klarna, Apple Pay, Google Pay and the credit cards VISA and Mastercard.
PayPal
If you pay using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe). To process the payment, you will be redirected to the PayPal website.
If you are already a PayPal customer, you can log in with your PayPal user details and make the payment.
If you do not yet have a PayPal account, you can create one and then confirm the payment. You do not need to set up a PayPal account for the payment methods direct debit via PayPal, credit card via PayPal and purchase on account via PayPal. For more information, see the PayPal terms of use at www.paypal.com.
Payment in advance
If you pay in advance, please transfer the invoice amount to our bank account within 14 days.
Purchase via Klarna
We also offer various payment options via the payment service provider Klarna. These are only available to consumers. Payment is always made to Klarna. Klarna's terms and conditions, including the Standard European Consumer Credit Information, can be found here:
Klarna SOFORT bank transfer
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction is carried out by Sofort immediately afterwards and your account is debited.
Payment service provider Apple Pay
You can pay with Apple Pay during the ordering process. To do so, you must confirm the payment via the "Apple Pay" service on a supported Apple device, completing the verification steps. Apple Pay uses the payment details you have stored in the Apple Wallet app for the transaction. For more information, see https://support.apple.com/de-de/HT201469
Payment service provider Google Pay
You can pay with Google Pay during the ordering process. To do so, you must confirm the payment via the "Google Pay" mobile app on a supported device, completing the verification steps. Google Pay uses the payment details you have stored in the app for the transaction. For more information, see https://support.google.com/pay/merchants/answer/6345242?hl=de
Payment by credit card
Payment with the credit cards VISA and Mastercard is possible as part of the payment methods listed above.
(2) Subject to any conflicting statutory provisions of the country in which the customer is resident, we are entitled to invoice the services provided electronically. If we make use of this, you will receive the invoice by email. You may withdraw your consent to this if there are objectively important reasons against sending the invoice by email. The withdrawal must be declared in text form, stating the reason.
8. Delivery times, delivery conditions, delivery duration
(1) Delivery times are stated for each product in our shop.
(2) You will receive a dispatch confirmation in good time when your order is sent.
(3) Delivery is generally made by parcel service on working days only.
(4) The delivery period is calculated as follows: If you pay in advance, the delivery period begins on the day after the payment order is given to the bank making the transfer. For all other payment methods, the period begins on the day after the contract is concluded. If the last day of the period falls on a Saturday, Sunday or a general public holiday officially recognised at the place of delivery, the next working day takes the place of that day.
9. Cancelling a subscription
You can cancel a subscription you have booked for the delivery of our products at any time with 5 working days' notice. We will confirm your cancellation without delay. Any goods already delivered, or in the process of being delivered, by the end of the notice period are not covered by the cancellation and must be paid for accordingly.
10. Promotional vouchers, bonus programme
a) Redeeming promotional vouchers
(1) Vouchers that we issue free of charge as part of promotions, with a specific period of validity, and that you cannot purchase (hereinafter "promotional vouchers"), can only be redeemed in our online shop and only within the period stated on the voucher.
(2) Individual products may be excluded from the voucher promotion if a corresponding restriction follows from the content of the promotional voucher.
(3) Promotional vouchers can only be redeemed before the ordering process is completed. They cannot be offset afterwards. Only one promotional voucher can be redeemed per order.
(4) The value of the promotional voucher is forfeited and will not be refunded if you return goods paid for wholly or partly with the promotional voucher under your statutory right of withdrawal.
(5) Promotional vouchers issued to you personally or for your customer account are not transferable.
b) Bonus programme
Not yet active.
11. Set-off, right of retention
(1) You are only entitled to set-off if your counterclaims have been finally established by a court or are undisputed. This restriction does not apply to counterclaims arising from the same contractual relationship.
(2) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
12. Right of withdrawal
Below we inform you of the conditions under which you have a right of withdrawal (1), and when such a right is excluded or expires early (2).
(1) Consumers have the right of withdrawal described in more detail below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
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,
Monte Nativo Ltd., Weilbachweg 4, 82541 Münsing, Germany, Phone: +49 (1522) 7893204, Email: info@montenativo.de
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. For this refund, 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 any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must send back or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their nature, characteristics and functioning.
(2) Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are liable to deteriorate quickly or whose use-by date would be quickly exceeded.
The right of withdrawal expires early for contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery. The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
13. 30-day money-back guarantee
(1) Under the conditions set out below, you have the right to return the products within 30 days with entitlement to a refund of the purchase price. This right of return applies independently of the statutory right of withdrawal set out in section 12 above.
(2) The period begins when you receive the goods.
(3) The right of return applies to all our products. However, it requires that no more than half of the original contents of the product or products you wish to return have been used.
(4) The money-back guarantee also requires that you bear the cost of returning the goods to us.
(5) We will refund the purchase price within 14 days of receiving the goods, provided the above conditions are met.
(6) The right of return with money-back guarantee, and in particular its restrictions, do not relate to any right of return you may have under our liability for defects (see section 13 below).
14. Liability for defects
(1) Statutory liability for defects applies. The provisions of the national law applicable to the consumer are decisive.
(2) For all defects in the purchased item that arise during the statutory warranty period of 2 years, the statutory claims apply at your choice. Subject to other national statutory provisions, the warranty period begins when you receive the goods.
15. Liability
(1) We are not liable for damage to property or financial loss caused by slight negligence. This does not apply in the event of a breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance you can regularly rely. In the aforementioned cases, our liability for damage to property or financial loss caused by slight negligence is limited to the damage that is typical for the contract and foreseeable. The same applies to the performance of obligations by our vicarious agents.
(2) The above limitation of liability does not apply in the event of injury to life, body or health.
16. Data protection
You can find our privacy policy here.
17. Online dispute resolution
Online dispute resolution pursuant to Art. 14(1) of the ODR Regulation (ODR-VO): The European Commission provides a platform for online dispute resolution (ODR), which you can find at: http://ec.europa.eu/consumers/odr/
The ODR platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or online service contracts.
We are not willing to take part in dispute resolution proceedings before a consumer arbitration body.
If we are unable to resolve a dispute, we will inform you of the competent consumer arbitration body. However, even in this case we are not willing to take part in the dispute resolution proceedings.
