General terms and conditions
The following General Terms and Conditions also contain legal information on your rights in accordance with the provisions on contracts in distance selling and electronic business transactions.
1. scope of application
2. offers and descriptions of
services 3. ordering process and conclusion of
contract 4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. reservation of title
8. warranty of quality and guarantee
10. storage of the contract
text 11. data
protection 12. revocation instruction and sample
revocation instruction 13. jurisdiction, applicable law, contract language
1. scope of application
1.1 For the business relationship between Clean Beauty Vertriebs GmbH & co KG, (hereinafter "Seller") and the customer (hereinafter "Customer") concluded via the online shop www.cleanbeautyconcept.com, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Customers are either consumers or businesses, but they only act as final customers.
1.2 You can contact our customer service for questions, complaints and complaints on weekdays from 10:00 a.m. to 5:00 p.m. by e-mail at firstname.lastname@example.org
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.4 Deviating terms and conditions of the customer are not recognised and these General Terms and Conditions shall also apply if Clean Beauty Vertriebs GmbH & Co KG carries out the delivery to the purchaser without reservation in the knowledge of terms and conditions of the purchaser which conflict with or deviate from these General Terms and Conditions.
2. offers and descriptions of services
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last" unless otherwise stated in the products. Errors excepted for the rest.
2.3 The following conditions apply to all promotions (e.g. coupon codes with discounts, prize promotions):
codes Our General Terms and Conditions apply. The following conditions also apply to the actions:
There is no cash payment,
the defined discount on the order value is valid for the respective promotion,
per customer only one voucher per promotion,
each promotion ends at the defined period,
the offer is valid as long as stocks last and
participation only with valid voucher code.
Everyone who subscribes to our newsletter receives a one-time 10% discount on an order if he uses the coupon code, which is automatically sent by mail. Cash payment is excluded. The voucher is not transferable. Our AGBs apply.
3. order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket via the "Add to shopping basket" button.
Afterwards the customer can step within the shopping basket over the button "Continue to checkout" to the conclusion of the order process.
3.2 The customer submits a binding request to purchase the goods in the shopping basket via the button "Order payable". Before sending the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.3 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller
and does not constitute acceptance of the application. The sales contract is only concluded when the seller has dispatched the ordered product within 2 days to the customer, handed over or has confirmed the dispatch to the customer with a second e-mail, express order confirmation or sending the invoice.
3.4 If the seller makes a prepayment possible, the contract is concluded with the provision of the bank data and payment request. If payment has not been received by the Seller within 10 calendar days of the date on which the order confirmation was sent, even after being requested to do so again, the Seller may withdraw from the contract with the result that the order is void and the Seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the longest for 10 calendar days.
4. prices and shipping costs
4.1 All prices quoted on the Seller's website are quoted in Euro (€) including the applicable statutory value added tax. Deviating price information that may be displayed on pages loaded from cache data (e.g. browser cache, proxy, etc.) is invalid. Discount and action prices are valid only for the period indicated in each case.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the framework of the ordering process. At the latest on the last order page before conclusion of purchase the complete costs are shown.
5. delivery, availability of goods
5.1 If advance payment (e.g. PayPal etc.) has been agreed, the transfer to the shipping company takes place 2 - 3 working days after receipt of payment. For orders on account (Klarna) the delivery to the shipping company takes place within 2 - 3 working days after receipt of payment.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense after written agreement with the customer, insofar as this is reasonable for the customer. There may be additional shipping costs for the customer.
5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and suggest the delivery of a comparable product if necessary. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
6. payment modalities
6.1 The customer may choose from the available payment methods within the framework of and before completion of the order process. Customers are informed about the means of payment available on a separate information page.
6.2 If third-party providers are commissioned with the handling of payments, e.g. Paypal or Amazon, their General Terms and Conditions shall apply.
6.3 If the due date of the payment is determined according to the calendar, the customer shall be in default already by default of the due date. In this case the customer has to pay the legal default interest.
6.4 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6.5 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller or undisputed claims exist. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions. Obvious defects must be reported to the seller in text form (e.g. letter/ e-mail) within 14 days of the occurrence of the defect. The sending of the message is sufficient for the timely notification of defects. The warranty right expires if the notification does not take place in time and if it relates to these obvious defects.
This does not apply if the seller fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory conditions for claims.
9.2 The Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the Customer regularly relies on. In this case, however, the seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation the customer also receives a copy of the general terms and conditions together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract data, but do not make it accessible on the Internet.
11. data protection
11.1 The Seller shall process personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller for the performance and settlement of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery or payment process.
11.3 The Customer has the right, upon request and free of charge, to obtain information about the personal data stored about him by the Seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is no legal obligation to retain.
11.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data protection declaration.
12. right of withdrawal
12.1 (Cancellation Policy)
As a consumer, the customer is generally entitled to a statutory right of cancellation when concluding a distance selling transaction, about which we will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are set out in paragraph 2. Paragraph 4 contains a model withdrawal form.
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Clean Beauty Vertriebs GmbH & Co KG) 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 attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to Clean Beauty Vertriebs GmbH & Co KG without delay and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. They shall be liable for any depreciation in the value of the goods only if such depreciation is attributable to them to an extent not necessary for an examination of the characteristics and functioning of the goods.
End of the revocation instruction
12.2 (Exclusion of the right of revocation)
The right of revocation does not apply to the following contracts:
Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if the seal has been removed after delivery.
The modalities mentioned in this section "Returns" are not a prerequisite for the effective exercise of the right of withdrawal.
Customers are asked to report the return to the seller before returning the goods in order to announce the return. In this way, they enable the seller to assign products as quickly as possible.
Customers are asked to return the goods as a stamped parcel to the seller and keep the receipt.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the buyer, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage as a result of defective packaging.
12.4 (Sample withdrawal form)
If you wish to withdraw from the contract, please complete this form and return it to us.
- Clean Beauty Vertriebs GmbH & Co KG (address see delivery note)
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete as applicable.
13 Place of jurisdiction, applicable law, contractual language
13.1 For all disputes with consumers (Section 13 BGB) arising from or in connection with this contract (including those concerning its validity) and all individual call-off orders, Berlin shall be the agreed place of jurisdiction if the consumer does not have his general place of jurisdiction in Germany or other EU member states.
If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the agreed place of jurisdiction. This shall also apply if the purchaser is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
13.2 The contract languages are German and English. In case of doubt, the German version shall apply.
13.3 Severability clause
Should any provision of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The same shall apply if and to the extent that a gap is found in this contract. Instead of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to or corresponds to what the parties to the contract have economically intended or would have intended in accordance with the spirit and purpose of this contract had they considered this point. This shall also apply if the invalidity of a provision is based, for example, on an extent of performance or time (period or date) provided for in this contract; in such cases, a legally permissible measure of performance or time (period or date) that comes as close as possible to the intended economic purpose shall take the place of the agreed provision.