General Terms and Conditions
Anadore Kosmetik Online-Shop
Business Manager: Anna Rajski
§ 1 General, Scope
§ 2 Conclusion of an Agreement
§ 3 Prices
§ 4 Delivery cost
§ 5 Delivery Conditions
§ 6 Payment terms
§ 7 Retention of Title
§ 8 Power of Revocation and Return Policy
§ 9 Transport Damages
§ 10 Warranty for consumers
§ 11 Liability
§ 12 Final Clause
§ 1 General, Scope
The General Terms and Conditions below govern the contractual relationship between the Online-Shop The Vendor of Kosmetikstudio Anna (hereinafter referred to as Vendor or “we”, details see below) and the consumers (hereinafter referred to as Customer or “you”), who purchase products via the Internet Shop.
Consumers referred to within this General Terms and Conditions are natural persons entering into a business relationship with the Vendor outside of their commercial or self-employed professional activities.
Vendor and contracting partner:
Managing Director: Anna Rajski
Fon: + 49 (0) 6203 - 93 79 64
Fax: + 49 (0) 6203 - 93 79 63
Value added tax Id. No.: DE 220 095 386
§ 2 Conclusion of an Agreement
§ 2.1 The products and services offered in our webshop shall not be considered an offer to enter into a contract but merely invitatio ad offerendum, i.e., an invitation to place an order only. By placing an order, you make an offer to enter into a contract. You can check your entries in an overview and correct them if necessary through buttons before confirming an order. Products are being sold in amounts/quantities, suitable for normal average household demands only.
Minimum order value of goods amounts 20,00 € (incl. VAT).
§ 2.2 The Customer has to provide entirely true information at log-in. Changes concerning data relevant to the business relationship (i. e. name, address, e-mail address) have to be informed of without delay whilst ongoing contracts. Transmitting false information entitle the Vendor to immediately recede from the contract and to blacklist the Customer at the web-shop.
§ 2.3 Contracts involving a delivery of products come into existence at the time the ordered item is sent to you or delivery of an order confirmation within 5 days. Confirmation of receipt of your order does not constitute acceptance of such order but is solely for your information that we have received the order. The Vendor may – for instance based on a Customers credit rating – decline acceptance of orders.
§ 2.4 The Customer password required for ordering must not be passed to third party by the Customer. By doing so, the Customer shall assume full responsibility for any orders with his password and resulting obligations towards the Vendor.
§ 2.5 The Customer must state a reachable e-mail address. If to the contrary e.g. due to forwarding, capacity-overflow or closedown of the e-mail address, the Vendor is entitled to recede from an order.
§ 2.6 You acknowledge and agree that with the current state of technology it is not always possible to warrant electronic communication error-free and available at any time. For this reason Anadore Kosmetik cannot assure a constant and uninterrupted availability of the web-shop due to technical and electronic errors or rather resulting from reasons out of the Vendors responsibility and influence.
§ 2.7 Obvious clerical errors or errors in calculation or other obvious erroneous information regarding the price or quality of the product which may arise at presentation of an offer or when issuing an order confirmation entitle us to a challenge.
§ 2.8 Goods presented at the web-shop are in general able to be delivered within the stated shipping time. Nonetheless it could happen that articles may be sold-out at the time of order and not available anymore, on account of selling at our retail store or another order at the online shop at the same time. We will in such case notify you immediately.
§ 2.9 The Vendor reserves the right to send partial deliveries, if deemed suitable for efficient order handling. Resulting additional delivery cost will in such cased be at Vendors account, i. e. free of cost for the Customer.
§ 2.10 The information provided at the web-shop is not substituting a individual consultation at a Customer’s on-site authorized cosmetics institute.
§ 2.11 An agreement may be concluded in the English or the German language. In case of discrepancy the German language is prevailing.
§ 2.12 All order data are saved. You have the possibilty to see and to print them through your costumer account. All other wording of the contract, especially the general terms and conditions, are not saved seperate. The general terms and conditions can be downloaded and saved (PDF) through the site 'general terms and conditions', just as right of revocation throught he site 'right of revocation'. You receive both attached to the confirmation mail of the order confirmation besides that.
§ 3 Prices
The price stated for the respective product is the product price, including value added tax. The price does not include delivery and shipping costs and other price components, which are displayed separately in the invoice, if appropriate.
§ 4 Shipping Cost
Germany 3,90 € free of charge for 25.00 € goods value and more
European Union (EU) 12,50 € free of charge for 250.00 € goods value and more
No German VAT is calculated by our shop system for deliveries to Switzerland; however, shipping is only possible up to a net order value of € 999.00. For a net order value of above € 1000.00, the consuming customs formalities are applicable, which we unfortunately do not offer. However, it is possible to breakdown your order into several individual orders.
If you log into your account and, during checkout, select a shipping address within Switzerland, then our shop system will show and charge you only the net price without German VAT.
The Swiss Customs will then charge you the statutory Swiss VAT and other applicable Swiss customs fees at the time of the parcel delivery. We do not reimburse these costs.
For orders below € 149,99 the shipping costs amount to € 12,50
For orders below € 150,00 the shipping costs amount to € 12,50
For orders above € 250, we deliver FREE of shipping costs.
Bank credit transfers from foreign countries that are not member states of the EU:
The fees for bank transfers from abroad are normally deducted from the amount transferred, which may result in a significantly lower amount being credited to our account.
We therefore ask for your understanding that we cannot carry the cost of the transfer fees.
The cost of the bank transfer must in any case be paid by the customer.
All parcels will be subject to insured delivery including an evidence of insurance cover for the Customer
Cash on Deliver (COD) conditions are exclusively available for domestic deliveries within Germany.
Extra cost for COD: 8.00 €, thereof 6.00 € being COD-fees* and 2.00 € being account maintenance fees**
* accounted by the Vendor
** collected in cash by the postman
§ 5 Delivery Conditions
§ 5.1 Delivery will be carried-out by DPD, Hermes or DHL.
§ 5.2 Typical delivery period will by approx. 2-3 days, if not stated otherwise in the order confirmation.
§ 6 Payment Conditions
§ 6.1 Payment shall be effected at your choice via
Payment in advance
Cash on delivery (COD), Note: deliveries within Germany only!
Payment on account (Klarna)
The Vendor reserves the right to exclude certain payment methods in individual cases.
§ 6.2 At payment in advance, the Customer is required to transfer the entire price without within 10 days to the bank account stated in the confirmation of order.
Important note: Payment conditions available for ordering parties residing outside Germany are restricted to Payment in advance before delivery or PayPal. Bank transfer fees in connection with transfers from abroad shall be borne by the ordering party.
§ 6.3 If the Customer defaults in payment, the purchase price shall be subject to interest during the period of arrears. The interest rate p.a. for the period of arrears is five percentage points above the respective base interest rate.
Asserting claims for further-reaching damage is not excluded.
§ 6.4 When using a voucher for payment, the credit remaining at the voucher at the time of redemption will be accounted. Vouchers won’t be interested or paid out.
§ 6.5 On return of good paid by voucher, the Customer will be credited in form of a new voucher. For returns exceeding the value of the redeemed voucher, the entire value will be returned in form of a new voucher.
§ 6.6 The Customer may only set off if his counterclaims have been determined in a legally final manner, are unchallenged, or were acknowledged by us. Furthermore, the ordering party may exercise a right of retention only insofar as the counterclaim is based on the same contractual relationship
§ 6.7 The Customer may refuse performance until counter-performance is effected only for claims resulting from the same contractual relation.
§ 6.8 Order on account with Klarna
We offer order on account in cooperation with Klarna. You never have to state your bank data, and you pay not before receiving the order. With this payment method you are forwarded to the website of Klarna AB.
With order on account you receive the products first and have a time limit of payment of 14 days. More information and Klarnas general terms and conditions can be found on www.klarna.de
Please note: Order on account incurs additional service charges to the amount of 1,99 €. A delivery to a divergent adress is nor possible. This payment method can be chosen only by costumers from Germany.
Klarna verifies and values the stated data of the costumer and exchanges data with other corporations and economic inteligence if justifiable reasons are given (creditworthiness check). Klarna AB can refuse the costumer the Klarna payment if the creditworthiness is not ensured. Alternative payment methods can be chosen.
Klarna Conditions: https://online.klarna.com/villkor_de.yaws?eid=2&charge=0
Please visit Klarna for more information www.klarna.de
Klarna AB, Firmen- und Körperschaftsnumemr: 556737-0431
§ 7 Retention of Title
The purchase item remains the property of the Vendor until payment is effected in full.
§ 8 Power of Revocation
§ 8.1 Power of revocation
You may withdraw from the contract in text form (e.g. letter, fax, email) or – if the item has been provided to you prior to expiration of the withdrawal period – by returning the item without stating reasons within 14 days. The withdrawal period commences upon receipt of this policy in text form; however, it will not commence prior to receipt of the item by the recipient (in case of recurring deliveries of identical items not prior to receipt of the first partial delivery) nor prior to completion of our information duties pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our duties pursuant to § 312g paragraph 1 sentence 1 of the German Civil Code in conjunction with Article 246 § 3 EGBGB. To comply with the withdrawal period, it is sufficient to dispatch the withdrawal notice or the item within the withdrawal period.
The withdrawal should be addressed to:
§ 8.2 Consequences of a Withdrawal, compensation for lost value
In case of a valid withdrawal, the mutually received consideration and derived use (e.g. interest) must be returned. If you are unable to return to us the received consideration and derived use (e.g. benefits of use), or if you can only return them in a deteriorated condition, you will have to compensate us for lost value to this extent. You are only required to compensate us for the deterioration of the item and for derived use to the extent that the use or the deterioration of the item is based on a handling of the item which exceeds the testing of the features and function. “Testing of the features and function” means the testing and trying out of the respective item as is possible and customary e.g. in a store. Items which can be sent as parcels are to be shipped back at our risk. You are generally required to bear the cost of returning the item if the delivered item conforms to the ordered item and if the price of the item to be returned does not exceed EUR 40 or, in case of a higher price of the item, if you have not yet made full payment or a contractually agreed installment payment at the time of the withdrawal. Otherwise, you may return the item free of charge. Items which cannot be shipped as parcels will be collected at your address. Obligations to reimburse payments must be met within 30 days. For you, the reimbursement period will commence upon dispatch of your withdrawal notice or the item; for us, it will commence upon receipt thereof.
§ 8.3 Cost of returning
You are generally required to bear the cost of returning the item if the delivered item conforms to the ordered item and if the price of the item to be returned does not exceed EUR 40 or, in case of a higher price of the item, if you have not yet made full payment or a contractually agreed installment payment at the time of the withdrawal. Otherwise, you may return the item free of charge.
§ 8.4 Exclusion of the power of revocation
The power of revocation is pursuant to § 312d paragraph 4 of the German Civil Code and others not valid for distance contracts for the delivery of goods, which can go bad fast or whose date of expiry would be exceeded.
§ 8.5 Recommendations outside the power of revocation
Please give notice in advance of any returns.
Please frank returns sufficiently. For returns of orders exceeding Euro 40.00 of goods value typical shipping cost for returns will be reimbursed to the purchaser.
Please avoid damaging or deteriorating delivered goods. Returns shall be posted with the original packing, including all accessories and attachments. Using a protective outer packing is advisable. Should the original packing have gone lost, please use a suitable packing for returns to avoid claims for damages due to insufficient packing. The stated before is meant for recommendation and constituts no duty, especially imposes no restriction on your rights of revocation.
End of the Withdrawal Policy
§ 9 Transport Damages
Should you receive goods with obvious transport damage, please claim such damages at the postman immediately at hand-over and contact us as soon as possible.
Fon: +49 (0)6203-937964
§ 10 Warranty
The statutory obligation arising from a guarantee (liability for defects) is 2 years and begins with the delivery of the product. In this time, all defects, which are subject to the statutory obligation arising from a guarantee, are rectified.
Warranty claims are initially restricted to subsequent performance. In case of fail of subsequent performance the client has the choice between revocation from the contract of purchase and reduction of the purchase price.
Otherwise, statutory limitation follows statutory regulations.
§ 11 Liability
§11.1 The vendor shall be liable for intent and gross negligence; furthermore, he shall be liable for the negligent violation of obligations, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the purpose of the contract and the compliance with which the customer frequently relies on. However, in the latter case the vendor shall only be liable for any foreseeable, typical loss. The vendor shall not be liable for any merely slightly negligent violation of obligations other than those aforementioned. The preceding exemptions from liability shall not apply in case of injury to life, body or health. Liability pursuant to the law on product liability shall remain unaffected hereby.
§11.2 Images used for the description of products displayed on the web-page are for reference purposes only. They do not realistically display the article in each case, but such images serve the illustration of the displayed products. Depending on the screen, in particular colors and the size may be displayed differently. The description of the respective article is relevant.
§11.3 Deficient goods shall be returned to us, unless you agreed to a compensatory price-reduction.
§11.4 Transport cost for returns of faulty good ate at the Vendors account.
§ 12 Final Clause
§ 12.1 Should individual clauses of these General Terms and Conditions be or become ineffective, then the remaining provisions shall remain unaffected thereby. The ineffective clause shall be replaced by a clause that corresponds to the purpose of the ineffective clause to the largest extent possible.
§12.2 The law of Federal Republic of Germany to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG) is agreed as effective in conjunction with differences in order to the clauses of the Vendor.
§12.3 Differences between the illustration and the product are medium conditional not excluded.
§12.4 Complaints shall be addressed to the Vendors address provided under § 1 above.
Anadore Kosmetik Onlineshop © 2011 by Kosmetikstudio Anna