1. General Provisions
1.1. These rules constitute a legally binding document for the parties, which establishes the rights and obligations of the Buyer and the Seller, the conditions for purchasing and payment for goods, the procedure for delivery and return of goods, the liability of the parties, and other provisions related to the purchase and sale of goods in the "MONARDA Store" online shop (hereinafter referred to as the "Online Shop").
1.2. The "MONARDA Store" online shop conducts sales and delivers goods throughout Germany and EU countries.
1.3. Individuals eligible to purchase in the Online Shop include:
1.3.1. Competent individuals, i.e., persons of legal age whose capacity is not restricted by court order;
1.3.2. Minors aged fourteen to eighteen, only with the consent of parents, guardians, or custodians, except in cases where they independently manage their own income;
1.3.3. Legal entities;
1.3.4. Representatives authorized by any of the above-mentioned persons.
1.4. By agreeing to these Rules, the Buyer confirms that, based on Clause 1.3, they have the right to purchase goods in the Online Shop.
2. Moment of Conclusion of the Purchase-Sale Agreement
2.1. The purchase-sale agreement between the Buyer and the Seller is deemed concluded at the moment the Buyer selects the desired product(s) and clicks the "Buy" link.
3. Privacy Policy
3.1. The collection, processing, and storage of Buyers' personal data are governed by these Rules, the Law on Legal Protection of Personal Data of the Republic of Germany, and other legal acts.
3.2. The Seller undertakes not to disclose the Buyer’s personal data to third parties, except for the Seller’s partners providing delivery or other services related to the proper fulfillment of the Buyer’s order. In all other cases, the Buyer’s personal data may only be disclosed to third parties in accordance with EU legal acts.
3.3. By agreeing to the processing of their personal data for the sale of goods and services in the Seller's online store, the Buyer also agrees to receive informational notifications via the provided email address and phone number, which are necessary for executing the order.
4. Rights and Obligations of the Buyer
4.1. The Buyer undertakes not to disclose their registration data for the Online Shop to third parties. If the Buyer loses their login information, they must immediately inform the Seller using the contacts specified in the Online Shop, no later than one working day. If the Buyer fails to fulfill this obligation, the Seller is not liable for any orders made by third parties on behalf of the Buyer in the Online Shop.
4.2. If the Buyer refuses to accept goods without valid reason at the agreed delivery time, the Buyer must fully compensate the Seller for the additional delivery costs prior to re-delivery.
4.3. The Buyer has the right to withdraw from the purchase-sale agreement concluded with the Online Shop by notifying the Seller in writing (indicating the desired returned item and order number) no later than three (3) working days from the date of delivery. This right can only be exercised if the item has not been damaged or its appearance has not significantly changed, and if it has not been used. This right of the Buyer is exercised in accordance with the Rules approved by the Order No. 258 of the Minister of Economy of the Republic of Lithuania on August 17, 2001, "Rules for Selling Goods and Providing Services when Contracts are Concluded Using Means of Communication."
4.4. By purchasing goods in the "MONARDA Store" Online Shop, the Buyer undertakes to comply with these Rules and not to violate the laws of Germany and EU countries.
5. Rights and Obligations of the Seller
5.1. If the Buyer attempts to disrupt the operation or stable functioning of the Online Shop, the Seller may restrict or suspend the Buyer’s access to the Online Shop without prior warning, or in exceptional cases, cancel the Buyer’s registration.
5.2. In the event of significant circumstances, the Online Shop may temporarily or permanently cease operations without prior notice to the Buyer.
5.3. The Seller undertakes to provide the Buyer with access to the services offered by the Online Shop under the conditions set forth in these Rules and the Online Shop.
5.4. The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer, choosing payment methods such as online banking and pre-payment by bank transfer, does not pay for the goods within three (3) working days.
5.5. The Seller is obliged to deliver the goods ordered by the Buyer to the address provided by the Buyer.
5.6. If the Seller is unable to provide the ordered goods due to important circumstances, they must offer a similar or as similar as possible product. If the Buyer refuses to accept a similar product, the Seller undertakes to refund the amount paid by the Buyer within 14-30 (fourteen or more) working days if the payment was made in advance.
5.7. If the Buyer exercises their right to withdraw from the purchase-sale agreement concluded with the Online Shop, notifying the Seller in writing (indicating the desired returned item and order number) no later than three (3) working days from the date of delivery, the Seller undertakes to refund the amount paid by the Buyer within 14-30 (fourteen or more) working days from the date of receiving the returned item.
5.8. The return of goods of appropriate quality is possible only in accordance with the Rules approved by the Order No. 258 of the Minister of Economy of the Republic of Germany on August 17, 2001. In this case, the costs of returning the goods shall be borne by the Buyer.
6. Prices of Goods, Payment Procedure, and Terms
6.1. The prices of goods in the Online Shop and in the Buyer’s order are indicated in euros, excluding/including VAT.
6.2. The Buyer pays for the Goods using online banking or by making an advance bank transfer.
6.3. When paying using online banking or making an advance bank transfer, the Buyer agrees to pay the full order amount within three days from the order placement. In these cases, in accordance with Clause 5.3, the Seller only starts preparing the goods for shipment upon receiving payment for the goods, and the delivery term is calculated from that moment.
7. Delivery of Goods
7.1. Goods are delivered by the Seller or a Seller-authorized representative.
7.2. The Buyer, when selecting the goods delivery service during the order, undertakes to specify the exact delivery location.
7.3. The delivery fee for goods is specified next to each product; the minimum fee is set individually by contacting us via email.
7.4. The delivery times for goods to the Buyer are approximate and do not apply in cases where the Seller does not have the required goods in stock, and the Buyer is informed about the shortage of the ordered goods. The Buyer also agrees that, in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the Seller’s control. In this case, the Seller undertakes to contact the Buyer immediately and agree on the delivery conditions.
7.5. In all cases, the Seller is exempt from liability for any delays in the delivery of goods if the goods are delivered late not due to the Seller’s fault or due to circumstances beyond the Seller’s control.
7.6. At the time of delivery, the Buyer must check the condition of the shipment and the goods together with the Seller or their authorized representative and sign the invoice, delivery note, or other shipment transfer-acceptance document. If the Buyer signs the invoice, delivery note, or other shipment transfer-acceptance document, it is deemed that the shipment is delivered in proper condition, and there are no damages to the goods, which can be attributed to anything other than a manufacturing defect, and there are no discrepancies in the goods that can be identified through external inspection. If the Buyer notices that the packaging of the shipment is damaged (crushed, wet, or otherwise externally damaged), the goods are damaged and/or the goods are not in proper condition, the Buyer must indicate this in the invoice, delivery note, or other shipment transfer-acceptance document and, in the presence of the Seller or their representative, draft a free-form act of damage/non-compliance of the shipment and/or goods. If the Buyer fails to perform these actions, the Seller is exempt from liability to the Buyer for damages to the goods, if such damages were not caused by a manufacturing defect, and for discrepancies in the goods if these discrepancies could be identified through external inspection.
8. Quality Guarantee of Goods
8.1. The general characteristics of each product sold in the Online Shop are indicated in the product description next to each product.
8.2. The Seller is not responsible for the fact that the products in the Online Shop may not match the actual size, shape, and color of the goods due to: photographs presented in the online shop; characteristics of the display used by the Buyer.
9. Return and Exchange of Goods
9.1. Defects in sold goods are rectified, and non-compliant goods are exchanged or returned in accordance with the Rules for Return and Exchange of Goods approved by Order No. 217 of the Minister of Economy of June 29, 2001.
9.2. The right specified in Clause 9.1 can be exercised by the Buyer within 14 (fourteen) days from the date of delivery of the goods to them by notifying the Seller in the manner specified in Clause 4.6 of these Rules.
9.3. The return of goods of appropriate quality is possible only in accordance with the Rules approved by the Order No. 258 of the Minister of Economy of the Republic of Germany on August 17, 2001.
10. Final Provisions
10.1. These Rules are subject to the laws of Germany.
10.2. Any disputes arising from the implementation of these Rules shall be settled through negotiations; if the parties fail to reach an agreement, disputes shall be resolved in the competent court in accordance with the legislation of Germany.