General terms and conditions
1 General information
1.1 Applicability
These general terms and conditions apply in the version valid at the time the contract was concluded for all business relationships between us, the BerliDerma cosmetics studio, Christstrasse 38, 14059 Berlin, represented by Maiia Semenova, and you. If you use conflicting general terms and conditions, these are hereby expressly disclaimed.
1.2 Contractual agreement
Contract language is German.
1.3 Conclusion of contract
The presentation of the product range in our online shop is initially subject to alteration and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, enter your data including the billing address and, if applicable, a different delivery address, if you have not already entered them in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to check all the information (e.g. name, address, method of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the “Order with obligation to pay” button. With your order you bindingly express your offer. We shall confirm receipt of the order without delay. The confirmation of receipt does not yet represent a binding acceptance of the order. We are entitled to accept the contract offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying the dispatch of the goods. The contract only comes into existence upon acceptance.
1.4 Storing of the contractual text
The text of the contract will be saved by us and sent to you in text form (e.g. email, fax or post) after your order has been sent along with the present General Terms and Conditions and customer information. However, you can no longer access the text of the contract via the website after you have sent your order. You can use the browser’s print function to print out the relevant website with the text of the contract.
2 Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delivery and performance delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite the corresponding hedging transaction) entitle us to postpone the delivery for the duration of the impeding event.
2.3 Exclusion of delivery
PO box addresses are not delivered.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or for non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us shall be made within 5 days. The period for delivery shall commence on the day after the payment order has been issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of payment on delivery or purchase on account. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the period ends on the next working day.
3 Payment
3.1 Prices and delivery costs
All prices are inclusive of VAT. In addition, there are the costs for packaging and shipping, which are shown separately in each case, unless collection by you at our place of business is agreed.
3.2 Default of payment
You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You have the option of proving that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4 Cancellation policy for consumers in distance contracts
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
In order to exercise your right of withdrawal, you must inform us (Kosmetikstudio BerliDerma, Christstrasse 38, 14059 Berlin, berliderma.cosmetics@gmail.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
– End of the cancellation policy –
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of cancellation expires prematurely if the seal on the goods has been removed after delivery.
5 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You shall treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation you may receive for damage, destruction or loss of the goods delivered. If you act in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the goods does not constitute a withdrawal from the contract unless we expressly declare this in text form.
6 Health advice
We would like to point out that the recommended daily intake of the individual dietary supplements must not be exceeded and that dietary supplements are not a substitute for a balanced diet. Furthermore, the products must be stored out of the reach of small children. The products offered by us are not to be regarded as a substitute for medical treatment or advice by trained and recognised professionals/therapists. It is your own responsibility to ensure that there are no medical restrictions to the use of the products.
7 Warranty
7.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and details in our offers, brochures, catalogues, on the website and other documents, there may be technical and design deviations (e.g. colour, weight, dimensions, design, scale, positioning or similar), insofar as these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.
7.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods have been handed over. If you notice that the outer packaging arrives damaged or if you notice any damage after receipt of the goods, please inform us. However, there is no obligation to make such a notification, nor are any warranty rights affected by failure to notify us. If the goods are defective, you have the option of demanding subsequent performance in the form of rectification of the defect or subsequent delivery. If defects are not remedied even after two attempts at rectification, you shall be entitled to rescission or reduction.
7.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply to entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
7.4 Rights in the event of an insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of withdrawal.
7.5 Compensation for defects
No warranty shall be given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
7.6 Limitation
The warranty for used goods is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
8 Liability
8.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfilment is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical for the contract.
8.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
9 Final provisions
9.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
9.2 Choice of law
Unless mandatory statutory provisions according to your home country’s law conflict with this, German law shall be deemed agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
9.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
