1. Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the merchandise presented in our online shop „finecosmetic.de“ is Julefini GmbH, Wolfshagener Str. 73, 13187 Berlin, phone 03025325558, e-mail firstname.lastname@example.org (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. The Vendor hereby objects to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
2. Merchandise offered and conclusion of contract
(1) The Vendor is offering the merchandise presented in this online shop for sale. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable. The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(2) The Vendor is making a binding sales offer for the merchandise presented in the shop. By transmitting the order using the button “buy now” the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase offer, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Vendor sends the content of the contract (contract text) to the customer by e-mail. At the same time, the Vendor stores the contract text in his electronic data processing.As the Customer cannot access the Vendor’s data, it is the customer’s responsibility to save the e-mail with the contract text for later reference.
3. Prices and payment
(1) All product prices are total prices plus shipping costs. Prices include VAT.
(2) Information on shipping costs can be found after having entered shipping information.
(3) The Customer can use the following payment methods to pay for his purchase: Advance payment by bank transfer, PayPal, Klarna („Sofort.“), credit card (MasterCard, VISA).
(4) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the Customer. The Vendor reserves the right to rescind the purchase contract and to sell the merchandise to others should the payment not be received in good time.
(5) For deliveries to countries outside the European Union, customs duties and import taxes may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price; the Vendor has no means of influencing them.
4. Shipment, delivery periods
(1) Information on delivery time can be found in the respective product description in your cart. An indication in days refers to the period from the payment by the Customer until delivery of the goods.
Within Germany shipping is free. All other countries ship for 5,95 Euros and above 150 Euro cart value the shipping is free.
(2) If the Customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the Customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(3) Where a delivery cannot be made because the Customer has provided a wrong or incomplete shipping address, an attempt to once again deliver the merchandise shall be made only if the Customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
5. Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Warranty claims shall be governed by the statutory regulations.
7. Out-of-court settlement of disputes
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr.
(2) For initiating an arbitration, consumers can either use the ODR platform or contact the following office: until 31.12.2019: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, https://www.verbraucher-schlichter.de, e-mail email@example.com, phone (07851) 7957940; from 1.1.2020: Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, http://www.universalschlichtungsstelle.de, e-mail firstname.lastname@example.org, phone (07851) 7957940.
(3) We will be happy to participate in dispute resolution proceedings when a consumer applies for arbitration.
8. Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Vendor’s registered office shall be the exclusive place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Julefini GmbH, Wolfshagener Str. 73, 13187 Berlin, phone 03025325558, e-mail email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions from the right of withdrawal
In the case of contracts for the delivery of sealed goods that, once opened, cannot be returned for reasons of health protection or hygiene, the right of withdrawal expires when the seal is removed after delivery.
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
– To Julefini GmbH, Wolfshagener Str. 73, 13187 Berlin, e-mail firstname.lastname@example.org:
– I/We (﹡) hereby give notice that I/We (﹡) withdraw from my/our (﹡) contract of sale of the following goods (﹡) / for the provision of the following service (﹡),
– Ordered on (﹡) / received on (﹡),
– Name of consumer(s),
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper),
(﹡) Delete as appropriate.