Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as a provider via the website My-Garden-Oasis.com (Ningbo Limited). Unless otherwise agreed, we object to the inclusion of your own terms that you may use.

(2) A 'consumer' in the context of the following regulations is every natural person who concludes a legal transaction which cannot be attributed to their commercial or independent professional activities. A 'business' is any natural or legal person or partnership with legal capacity acting in the performance of a legal transaction in exercising their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we offer you a binding agreement for the conclusion of a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will be displayed as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon-Payments, Immediate Transfer) as a payment method, either you'll be directed to our online shop on the order overview page or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, you'll make the appropriate selection or data input there. Finally, you'll be shown all order data as an order overview on the website of the provider of the instant payment system or, after you're directed back to our online shop, on the order overview page.

Before submitting the order, you have the opportunity to check all the details again, to change (also using the "back" function of the internet browser) or to cancel the purchase. By submitting the order via the "buy now" button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your inquiries regarding the creation of an offer are non-binding for you. We'll submit a binding offer to you in a written form (e.g., via email), which you can accept within 5 days.

(5) The execution of the order and the sending of all details necessary in connection with the conclusion of the contract shall be partially automated via email. You must, therefore, ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and particularly that it is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:

Invoice: The payment period is 14 days from the dispatch of the goods/ticket, or, in the case of other services, the provision of the service. The complete billing conditions for the countries where this payment method is available can be found here: Germany, Austria. Immediate Transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order. The use of payment methods Invoice, Installment Purchase, and Direct Debit requires a positive credit check. In this respect, during the order process and handling of the purchase, we forward your data to Klarna for address and credit checks. Please understand that we can offer you only those payment methods that are permitted based on the results of the credit check.

More information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy statement.

More information about Klarna can be found here. You can find the Klarna app here.

§ 4 Right of Retention, Reservation of Ownership

(1) You may only exercise a right of retention if it relates to claims from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following additional provisions apply:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or security assignment is not permitted before ownership of the reserved goods has been transferred.

b) You can resell the goods in the regular course of business. In this case, you hereby assign all claims in the amount of the invoice amount that arise from the resale to us; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are a businessman, the following warranty regulations apply, deviating from the above:

a) Only our own information and the manufacturer's product description are considered as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide a warranty at our discretion either by rectification or replacement. If the removal of the defect fails, you can either request a reduction or withdraw from the contract. The rectification is considered to have failed after a second unsuccessful attempt unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs that arise from moving the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction in the period does not apply:

• for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
• in the case of statutory recourse claims that you have against us in connection with rights of defects.

 

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II. Customer Information

Customer Information:

hikecare.com.au

Mail: hikecare@healthcheckaustralia.com

GOVERNING LAW
When completing your purchase, a billing statement including ‘my-garden-oasis.com’ and the country code such as 'HK’,'UK’, etc. would be displayed on the payment page and/or your card statement.
All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the Local Law

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are made in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is English.

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receiving the order, we will resend the order data, the legally required information for distance contracts, and the general terms and conditions by e-mail.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as shipping costs are total prices. They include all price components including all applicable taxes. Should taxes and duties apply, they must be borne by consumers.

5.2. The resulting shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer and are listed separately during the ordering process and must be borne additionally by you unless free delivery is promised.

5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are borne by you.

5.4. Money transfer costs (transfer or exchange rate fees of credit institutions) are borne by you in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.

5.5. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, delivery date, and any applicable delivery restrictions can be found at a corresponding button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you upon handover of the item, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory warranty rights

The liability for defects is based on the provision "Warranty" in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

8. DISCLAIMER; LIMITATION OF LIABILITY:

We make no guarantee, representation, or warranty that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for an indefinite period or cancel the service at any time without notifying you. You expressly agree that your use of the service, or inability to use the service, is at your sole risk. The service and all products and services provided to you through the service are (unless otherwise stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall the company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Last update: June 17, 2023.