TERMS AND CONDITIONS OF SALE

General Terms and Conditions (AGB) and Customer Information

Namaste Deutschland – Vaghani & Limbachiya GbR

Last updated: August 2026

I. GENERAL TERMS AND CONDITIONS

§ 1 Scope and Definitions

(1) Scope

These General Terms and Conditions apply to contracts concluded through namastedeutschland.de between:

Vaghani & Limbachiya GbR

Porschestr. 102

38440 Wolfsburg

Germany

hereinafter referred to as "we", "us", "our" or "Seller"

and our customers.

(2) Consumer

A consumer (Verbraucher) is a natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

(3) Entrepreneur

An entrepreneur (Unternehmer) is a natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

(4) Conflicting terms

Terms and conditions supplied by an entrepreneur purchasing from us shall not apply unless we expressly agree to them.

§ 2 Subject Matter of the Contract

(1)

The subject matter of the contract is the sale and delivery of goods offered through our online shop.

(2)

The essential characteristics of each product are stated in the respective product description.

(3)

Photographs are intended to illustrate products.

In the case of natural products, particularly fruit and vegetables, natural differences in colour, shape, size, appearance, texture or ripeness may occur.

Such normal natural variations do not by themselves constitute a defect.

§ 3 Conclusion of the Contract

(1) Product presentation

Unless expressly stated otherwise, presentation of goods in our online shop does not constitute a binding contractual offer by us.

It constitutes an invitation to the customer to submit a binding order.

(2) Shopping cart

The customer may place products in the electronic shopping cart and modify or remove them before submitting the order.

(3) Checkout

During checkout, the customer is provided with an opportunity to review relevant order information, including:

• products;
• quantities;
• prices;
• shipping costs;
• delivery address;
• payment method; and
• other information required for the transaction.

The customer can correct input errors before submitting the order.

(4) Customer's binding offer

By clicking the final order button bearing a legally compliant designation indicating an obligation to pay, the customer submits a binding offer to purchase the goods contained in the order.

(5) Automatic order-receipt confirmation

An automatically generated email confirming that we have received an order does not by itself constitute acceptance of the customer's contractual offer unless the email expressly states that we accept the order.

(6) Acceptance by us

We may accept the customer's offer within five days by:

a. expressly confirming acceptance in text form;

b. sending a dispatch confirmation;

c. dispatching the ordered goods; or

d. requesting or completing payment in circumstances clearly indicating contractual acceptance,

whichever relevant act of acceptance occurs first.

(7) No acceptance

If we do not accept the customer's offer within the above period, the offer expires.

Any payment amount already collected in relation to an order that is not accepted will be refunded or released without undue delay according to the applicable payment method.

(8) Right not to accept an order

Before contractual acceptance, we may decline an order in particular where:

• the product is unavailable;
• inventory information was incorrect;
• delivery is unavailable to the requested destination;
• the carrier cannot reasonably deliver the goods;
• a manifest pricing or technical error occurred;
• there is reasonable suspicion of fraud or misuse;
• legal requirements prevent the transaction;
• age-verification requirements cannot be met;
• the order exceeds applicable delivery or parcel restrictions; or
• available transport circumstances are unsuitable for the reasonable dispatch of fresh, frozen or otherwise perishable goods.

This provision does not give us a general right to cancel a contract that has already been validly concluded.

§ 4 Electronic Communication

(1)

Order processing and contractual communication may take place electronically.

(2)

The customer must provide a valid email address and take reasonable steps to ensure that emails sent by us can be received.

(3)

The customer should ensure that receipt is not prevented by:

• spam filters;
• mailbox limitations;
• incorrect email settings; or
• an incorrectly supplied email address.

§ 5 Prices

(1)

Prices displayed in our online shop are total prices including applicable statutory taxes, unless expressly stated otherwise.

(2)

Shipping charges are additional unless free shipping applies.

Applicable shipping costs are displayed before the customer submits the binding order.

(3)

The current standard shipping conditions are described in our Shipping & Delivery Policy.

§ 6 Payment

(1)

The payment methods available for an order are displayed during checkout.

(2)

Unless otherwise stated for the selected payment method, the agreed purchase price is payable in accordance with the conditions displayed during checkout.

(3)

Where a third-party payment provider is used, the provider's applicable payment-processing conditions may additionally apply.

(4)

If a payment is unsuccessful, rejected, reversed, cancelled or subject to a valid chargeback, our statutory rights remain unaffected.

§ 7 Retention of Title

Goods remain our property until the purchase price has been paid in full.

For entrepreneurs, any additional legally permissible retention-of-title rights expressly agreed between the parties remain unaffected.

§ 8 Delivery

(1)

Delivery conditions, shipping charges, estimated delivery periods and applicable restrictions are contained in the respective product offer, checkout and our Shipping & Delivery Policy.

(2)

Our standard shipping partners may include DHL, DPD and Hermes.

We may select another suitable carrier where reasonably necessary unless a specific carrier was contractually agreed.

(3)

Customers must provide complete and accurate information required for successful delivery.

§ 9 Special Rules for Fresh, Frozen and Perishable Goods

(1) Nature of the products

Our range may include:

• frozen foods;
• fresh fruit;
• fresh vegetables;
• chilled foods;
• temperature-sensitive foods; and
• other perishable goods.

(2) No cold-chain delivery

Unless expressly stated otherwise for a particular shipping option:

we do not provide continuously refrigerated, frozen, temperature-controlled or cold-chain delivery.

Such goods are shipped through ordinary parcel delivery.

A continuous frozen or refrigerated temperature throughout transportation is therefore not guaranteed.

(3)

This disclosure concerns the characteristics of the shipping service and does not exclude mandatory statutory rights concerning defective or unsafe goods.

(4) Dispatch timetable

To reduce foreseeable weekend delays, orders containing frozen products and/or fresh fruit or vegetables received on Wednesday or later will normally be dispatched from Monday of the following week.

Earlier orders may be dispatched during the same week where operationally possible.

(5)

We may delay dispatch to another suitable working day where foreseeable circumstances such as:

• public holidays;
• severe weather;
• carrier disruption; or
• unusually prolonged delivery times

create an increased risk of unnecessary delay involving perishable goods.

(6)

Where contractual acceptance has not yet taken place, we may decline an order if we reasonably determine that available delivery conditions are unsuitable for the relevant perishable product.

§ 10 Customer Cooperation in Connection With Delivery

(1)

The customer must provide accurate delivery information.

(2)

For fresh, frozen and perishable shipments, customers should take reasonable steps to enable prompt delivery.

This particularly includes:

• monitoring available tracking information;
• following carrier notifications;
• ensuring delivery can reasonably be accepted;
• collecting redirected parcels promptly; and
• promptly storing products following successful delivery.

(3)

These obligations do not transfer to a consumer any transport risk that mandatory law allocates to us.

§ 11 Failed Delivery Attributable to the Customer

(1)

Where delivery fails for reasons attributable to the customer, our statutory rights remain unaffected.

Such circumstances may include:

• incorrect address information;
• incomplete delivery information;
• incorrect recipient information;
• inability to identify the recipient because of customer-supplied information;
• unjustified refusal to accept delivery;
• failure to collect a parcel from a collection point within the carrier's specified collection period; or
• failure to meet applicable age-verification requirements.

(2)

Where the statutory requirements are satisfied, we may claim reimbursement of reasonable additional expenses or damages actually caused by the customer's breach of obligations.

(3)

We do not impose an automatic contractual penalty solely because delivery failed.

(4)

If re-delivery is requested following a failed delivery attributable to the customer, we may request payment of reasonable additional shipping expenses where legally permissible.

(5)

Where a fresh, frozen or perishable product has deteriorated because of an unsuccessful delivery attributable to the customer, the parties' respective rights shall be determined under applicable statutory law and according to the circumstances of the individual case.

§ 12 Transfer of Risk – Consumers

(1)

For consumer sales, statutory provisions governing transfer of risk apply.

(2)

Where we arrange delivery through a carrier offered or selected by us, the risk of accidental loss or accidental deterioration is governed by the mandatory provisions applicable to consumer sales.

(3)

Nothing in these Terms is intended to transfer to consumers transport risk that mandatory law allocates to us.

(4)

The applicable statutory exception remains unaffected where the consumer independently commissions a carrier that was not previously designated by us and the statutory requirements are fulfilled.

§ 13 Transfer of Risk – Entrepreneurs

Where the customer is an entrepreneur, statutory rules applicable to shipment between businesses apply unless otherwise expressly agreed.

§ 14 Inspection and Notification by Consumers

(1)

Consumers are requested to check the goods promptly after delivery for:

• completeness;
• visible defects;
• transport damage; and
• in the case of perishable products, visible deterioration.

(2)

Where a problem is discovered, consumers are requested to notify us as soon as reasonably possible.

(3)

Where reasonably possible, the customer should provide photographs and retain relevant packaging until the complaint has been investigated.

(4)

These requests facilitate investigation and claims against shipping providers.

Failure by a consumer to comply with this request does not by itself affect mandatory statutory warranty rights.

§ 15 Commercial Inspection and Notification Obligations

Where the purchase is a commercial transaction for both parties within the meaning of the German Commercial Code, the purchaser's statutory inspection and notification obligations, in particular under § 377 HGB, remain applicable.

Nothing in these Terms shall be interpreted as waiving those statutory obligations in favour of a commercial purchaser.

§ 16 Statutory Warranty Rights

(1)

Statutory rights concerning defects apply.

(2)

Goods are assessed for conformity in accordance with applicable statutory requirements.

(3)

Where a characteristic of goods deviates from objective statutory requirements for conformity in a consumer transaction, such deviation shall only be treated as agreed where all statutory requirements for a valid deviation have been satisfied.

(4)

Nothing in product descriptions, shipping notices, FAQs or these Terms is intended to exclude mandatory statutory warranty rights.

§ 17 Fresh Produce and Natural Variation

(1)

Fruit, vegetables and comparable agricultural goods are natural products.

(2)

Normal natural variations may occur regarding:

• size;
• shape;
• colour;
• skin appearance;
• firmness;
• texture;
• aroma;
• sweetness;
• ripeness; and
• weight within applicable tolerances.

(3)

A natural variation that is normal for the respective product does not by itself constitute a defect.

(4)

This does not apply where the goods fail to satisfy legally required or contractually agreed characteristics.

§ 18 Storage and Handling After Delivery

(1)

After successful delivery, the customer should promptly unpack and appropriately store perishable goods.

(2)

Customers must follow product-specific storage and handling instructions.

(3)

We are not liable for deterioration occurring after proper delivery insofar as such deterioration results from circumstances attributable to the customer, including:

• inappropriate storage;
• failure to refrigerate where required;
• failure to freeze where required;
• exposure to excessive heat after delivery;
• unreasonable delay in unpacking;
• contamination after delivery; or
• handling contrary to supplied product instructions.

(4)

This provision does not exclude liability for a defect that existed at the relevant time under applicable law.

§ 19 Right of Withdrawal

(1)

Consumers generally have the statutory right of withdrawal applicable to distance contracts unless a statutory exception applies.

(2)

Details concerning the exercise of withdrawal rights are provided in our separate Cancellation / Withdrawal Policy (Widerrufsbelehrung).

§ 20 Rapidly Perishable Goods

(1)

The statutory right of withdrawal does not apply, where the applicable legal requirements are satisfied, to contracts for goods that can deteriorate rapidly or whose expiry date would quickly be exceeded.

(2)

This may apply to certain fresh, chilled or otherwise rapidly perishable foods depending upon the characteristics of the individual product.

(3)

The exclusion of the right of withdrawal for a product does not exclude statutory rights concerning defects.

§ 21 Sealed Hygiene-Sensitive Goods

Where the statutory requirements are satisfied, a right of withdrawal may cease to exist for sealed goods that are unsuitable for return for reasons of health protection or hygiene once the seal has been removed after delivery.

Whether the exception applies depends on the individual product and circumstances.

§ 22 Damage Claims and Evidence

(1)

Customers reporting damage, incomplete delivery or deterioration are requested to provide information reasonably necessary to investigate the claim.

Depending on the case, this may include:

• order number;
• product name;
• description of the problem;
• photographs;
• photograph of shipping label;
• photograph of the external parcel;
• internal packaging;
• carrier information; and
• date on which the problem was discovered.

(2)

We may also evaluate records reasonably relevant to a claim, including:

• warehouse records;
• parcel weight information;
• carrier scans;
• dispatch records;
• product-batch information;
• correspondence; and
• delivery tracking.

(3)

Nothing in this section imposes an evidentiary burden on consumers contrary to mandatory law.

§ 23 Remedies for Defective Goods

Where goods are defective, statutory remedies apply.

Any rights to subsequent performance, reduction, withdrawal from the contract, reimbursement or damages depend on the applicable statutory requirements.

We reserve all statutory rights and defences.

§ 24 Liability

(1) Unlimited liability

We are liable without limitation where liability results from:

• intent;
• gross negligence;
• injury to life, body or health;
• a statutory guarantee assumed by us;
• fraudulent concealment of a defect; or
• mandatory product-liability or other mandatory statutory provisions.

(2) Simple negligence

In cases of simple negligence concerning damage other than injury to life, body or health, we shall be liable where we breach an essential contractual obligation whose fulfilment is necessary for the proper performance of the contract and on whose performance the customer may regularly rely.

In such cases, liability shall be limited to the foreseeable damage typical of the contract, insofar as such limitation is legally permissible.

(3)

The above limitations apply correspondingly to our legal representatives and persons employed by us in performing contractual obligations where legally permissible.

(4)

Mandatory statutory liability remains unaffected.

§ 25 Customer Contribution to Damage

Where the customer has culpably contributed to the occurrence or extent of damage, applicable statutory rules concerning contributory responsibility remain unaffected.

This may be relevant, depending on the individual circumstances, where the customer fails to take reasonable measures to prevent or mitigate damage after becoming aware of a delivery problem.

Nothing in this provision reduces mandatory statutory consumer protection.

§ 26 Fraud, Abuse and False Claims

(1)

We reserve the right to investigate reasonably suspected fraudulent or abusive claims.

(2)

We are not obliged to grant refunds, replacement goods, credits or compensation where the applicable legal requirements are not satisfied.

(3)

Where there is reasonable evidence of:

• manipulated evidence;
• intentionally false statements;
• payment fraud;
• unauthorised chargebacks;
• deliberate misuse of the ordering system; or
• other unlawful conduct,

we reserve all rights available under applicable law.

(4)

This clause does not restrict legitimate complaints or statutory consumer rights.

§ 27 Obvious Errors

Where a manifest technical, typographical or pricing error occurs before contractual acceptance, we may correct that error and decline the affected order.

Where a contract has already been concluded, statutory rules concerning mistakes and avoidance remain applicable.

§ 28 Availability and Stock Errors

Product availability shown online may change.

Where an ordered item becomes unavailable before contractual acceptance, we may decline the relevant order or, with the customer's agreement, offer an alternative.

No substitute product will be supplied without the customer's agreement where such agreement is legally required.

§ 29 Force Majeure and External Disruption

Events outside our reasonable control may affect processing or delivery.

These may include:

• natural disasters;
• severe weather;
• war;
• civil disturbance;
• government measures;
• strikes;
• carrier network disruption;
• interruption of utilities;
• widespread technical failures;
• epidemics or comparable emergencies.

The parties' rights in such circumstances shall be governed by applicable statutory law.

This provision does not exclude mandatory rights concerning non-performance or delay.

§ 30 Protection of Minors and Age-Restricted Products

(1)

Where we offer goods subject to statutory age restrictions, we conclude contracts for such goods only with customers who satisfy the legally required minimum age.

(2)

The applicable age requirement will be stated in the relevant product offer where required.

(3)

By ordering an age-restricted product, the customer confirms that the applicable minimum age requirement is satisfied.

(4)

The customer must ensure that an age-restricted delivery can be accepted by a person meeting the legally required age.

(5)

Where required, we may instruct the carrier to carry out age or identity verification.

If legally required verification cannot be completed, the carrier may refuse to hand over the shipment.

§ 31 Right of Retention

The customer may exercise a right of retention only insofar as the counterclaim arises from the same contractual relationship, except where mandatory law provides otherwise.

§ 32 Set-Off

For consumers, statutory rights of set-off remain unaffected.

For entrepreneurs, set-off against our claims is permitted with claims that are undisputed, have been finally adjudicated or otherwise may not legally be excluded from set-off.

§ 33 Applicable Law

(1)

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2)

For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

§ 34 Jurisdiction for Entrepreneurs

If the customer is:

• an entrepreneur;
• a legal entity under public law; or
• a special fund under public law,

our registered place of business shall be the agreed place of jurisdiction to the extent legally permissible.

This does not limit our right to bring proceedings at another legally available place of jurisdiction.

Mandatory jurisdiction rules remain unaffected.

§ 35 Severability and Mandatory Law

If an individual provision of these Terms is wholly or partly ineffective, mandatory statutory law shall apply in place of that provision.

The validity of the remaining provisions shall remain unaffected insofar as legally permissible.

Nothing in this clause shall be interpreted as preserving an unlawful provision by reducing it beyond what applicable law permits.

II. CUSTOMER INFORMATION

1. Identity of the Seller

Vaghani & Limbachiya GbR

Porschestr. 90

38440 Wolfsburg

Germany

Telephone: +49 1590 6198880

Email:

info@namastedeutschland.de

Shipping and damage claims:

business@namastedeutschland.de

2. Conclusion of the Contract

The technical procedure for concluding a contract is described in § 3 of Part I.

In particular:

1. the customer selects goods;
2. the customer reviews the shopping cart;
3. the customer enters the required checkout information;
4. the customer can correct information before submitting the order;
5. the customer submits a binding contractual offer by clicking the final payment-obligation button;
6. an automatic receipt confirmation does not by itself constitute acceptance unless expressly stated otherwise; and
7. the contract is concluded when we accept the order in accordance with § 3.

3. Contract Language

The contract language is:

English

Where information is additionally provided in another language, the contractual interpretation applicable in an individual case remains subject to mandatory statutory law.

4. Storage of the Contract Text

Before submitting an order, customers may use the functionality of their browser or device to save or print the order information and applicable contractual documentation.

After an order is submitted, relevant order information and legally required contractual information will be made available electronically in accordance with applicable law.

Customers are advised to retain the order confirmation and contractual documents for their records.

5. Correction of Input Errors

Before submitting the binding order, the customer can:

• review the shopping cart;
• change quantities;
• remove products;
• modify delivery information;
• modify billing information;
• select an available payment method; and
• use the applicable navigation or browser functionality to correct entries.

6. Essential Characteristics of Goods

The essential characteristics of the goods are stated in the respective product description.

Special information relating to:

• fresh goods;
• frozen products;
• perishable products;
• natural-product variations;
• storage; and
• shipping

may additionally be included in the relevant product description and Shipping & Delivery Policy.

7. Prices and Shipping Costs

Prices displayed in the respective offer are total prices including applicable statutory taxes unless otherwise indicated.

Shipping charges are displayed separately where applicable.

Our current general shipping structure is:

• orders below €49.00: €5.99 standard shipping within Germany;
• qualifying orders of €49.00 or more: free standard shipping within Germany subject to applicable parcel conditions;
• maximum normal parcel weight: 25 kg per box; and
• qualifying Wolfsburg local-delivery orders of €49.00 or more: free local delivery.

The conditions displayed during checkout for the individual transaction are decisive.

8. Payment Methods

Available payment methods are displayed during checkout.

Any additional payment-provider terms applicable to the selected payment service remain unaffected.

9. Delivery Conditions

Detailed delivery conditions are contained in our Shipping & Delivery Policy.

Customers should particularly review that policy before ordering fresh, frozen or perishable products.

10. Important Information Concerning Frozen Products

Unless expressly identified otherwise, we do not provide refrigerated, continuously frozen, temperature-controlled or cold-chain parcel delivery.

Frozen products offered for standard parcel shipping are transported through ordinary parcel logistics.

Mandatory consumer rights remain unaffected.

11. Statutory Warranty

Statutory warranty rights apply subject to applicable law.

Further information appears in §§ 14–18 and § 23 of Part I.

12. Consumer Withdrawal Rights

Information concerning statutory withdrawal rights and exceptions is provided in our separate Cancellation / Withdrawal Policy (Widerrufsbelehrung).

Rapidly perishable goods may be subject to a statutory exclusion of withdrawal rights where the applicable legal requirements are satisfied.

13. Consumer Dispute Resolution

The statement must correspond to the actual legal position and decision of Vaghani & Limbachiya GbR concerning participation in consumer dispute-resolution proceedings.

We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

14. Accessibility

Where our electronic-commerce service is subject to the requirements of the German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz – BFSG), the legally required accessibility information will be made available separately on our website.

Where a statutory exemption applies to the business, the corresponding statutory position remains unaffected.

15. Customer Service

For general enquiries:

info@namastedeutschland.de

For shipping problems or damaged deliveries:

business@namastedeutschland.de

Please provide the relevant order number when contacting us about an existing order.

Vaghani & Limbachiya GbR

Namaste Deutschland

Porschestr. 102

38440 Wolfsburg

Germany

Last updated: August 2026