Terms and Conditions with customer information
table of contents
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as "GTB") of the Zineb Hassate, trade under "Halal and Beautiful Healthy Vegan Cosmetics" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") With the seller with regard to the goods shown by the seller in his online shop closing. This contradicts the involvement of own terms of the customer, unless there is something else agreed.
1.2Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity.
1.3Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2The customer can deliver the offer via the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the order process-final buttons a legally binding contract offer with respect to the goods contained in the shopping cart.
2.3The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation at the customer is decisive, or
- by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
- by prompting the customer for payment to the customer after submission of its order.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run through the day after sending the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within a preceding period, this shall apply as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after sending from its order to text form (eg e-mail, fax or letter). An additional accessibility of the contract text by the seller is not.
2.5Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information shown on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer in the context of the electronic order process as long as the usual keyboard and mouse functions can be corrected until it clicks the button concluding the order process.
2.6Only the German language is available for the conclusion of the contract.
2.7The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be delivered e-mails.
3) Right of withdrawal
3.1Consumers are basically a right of withdrawal.
3.2Further information on the right of withdrawal arise from the revocation of the seller.
4) Prices and terms of payment
4.1Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2The payment option / en will / will be communicated to the customer in the seller's online shop.
5) Delivery and shipping conditions
5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons that the customer has to represent, the customer bears the reasonable costs arising from the seller. This does not apply with regard to the costs for the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller.
5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold to the customer, as soon as the seller has delivered the goods for the freight forwarder, the carrier or the person or otherwise intended to complete the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold basically only with the transfer of the goods to the customer or a recruitment person. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold are already transferred to the customer as soon as the seller has delivered the thing to the freight forwarder, the carrier or the person or otherwise intended for the execution of the shipment, if the Customer the freight forwarder, the carrier or the otherwise responsible for the execution of the dispatched person or institution with the execution commissioned and the seller has not named this person or institution before the customer.
5.4The seller reserves the right to withdraw from the contract in the event of non-correct or unimaginative self-delivery. This applies only in the event that non-delivery is not to be represented by the seller and this has completed a concrete coverage business with the supplier with the due care. The seller will make all reasonable efforts to obtain the goods. In the case of unavailability or the only partial availability of the goods, the customer will be informed immediately and the consideration immediately reimbursed.
5.5Pickup is not possible for logistical reasons.
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1Unless otherwise stated from the subsequent regulations, the rules of statutory defect liability apply. Deviating from this applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
- If the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects one year from delivery of the goods;
- If used goods, the rights and claims for defects were excluded;
- Beginears the statute of limitations again, if a replacement delivery takes place under the liability for defects.
7.3The liability restrictions and deadline cuts regulated above does not apply
- for claims for damages and expenses replacement claims of the customer,
- In the event that the seller has concealed the lack of fraudulently,
- for goods that have been used in accordance with their usual use for a building and caused their defectiveness,
- For a possibly existing commitment of the seller to provide updates to digital products, for contracts for the delivery of goods with digital elements.
7.4In addition, entrepreneurs that the statutory limitation periods remain unaffected for a possibly existing statutory recourse claim.
7.5If the customer acts as a merchant I.S.D. § 1 HGB, the commercial inspection and complaint may take him according to § 377 HGB. If the customer underlines the reported there, the goods shall be deemed approved.
7.6If the customer acts as a consumer, he will be asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Applicable law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. In consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
9) Alternative dispute resolution
9.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.