General terms and conditions
1. General
1.1 These General Terms and Conditions of Sale (hereinafter: ‘GTC’) apply to all contracts concluded via our online shop www.grahamhill-cosmetics.com and all subdomains that are part of this domain between us,
Hans Conzen
Kosmetik GmbH
Managing Director Stephan Conzen
Lehmkoppel 2
25499 Tangstedt
Germany
Phone: +49 (0)4101 37 33 0
Fax: +49 4101 3733 11
Email: info@grahamhill-cosmetics.com
Register court:
Pinneberg District Court
Register number: HRB 5231
and you as our customer.
1.2 The online shop at www.grahamhill-cosmetics.com and all subdomains that are part of this domain are targeted at consumers only. Our terms and conditions of sale and delivery apply to entrepreneurs.
1.3 All agreements made between you and us in connection with the purchase contract are based on these General Terms and Conditions (hereinafter referred to as ‘GTC’) and any individual agreements between us and you.
1.4 The version of the GTC valid at the time of concluding the contract shall apply.
1.5 We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to the inclusion thereof.
1.6 You can view our GTC at www.grahamhill-costmetics.com under ‘GTC’. You can also print or save the GTC (click the right mouse button and then select the respective command). We inform you about the processing of personal data in a separate privacy policy, which can be found here.
2. Registration and guest access
2.1 You can create a customer account in our online shop by registering. You must be of legal age to do so. There is no entitlement to a customer account in our online shop.
2.2 It is also possible to place an order without creating a customer account. In this case, you only have to provide the information necessary to conclude the contract in the order process.
2.3 You are obliged to keep your registration data up to date at all times and to update it in the event of relevant changes (e.g. relocation, marriage, etc.). You are obliged to treat your personal login details as confidential and to not make them accessible to any unauthorised third party. The password must be kept secret and must be sufficiently complex, which is described in further detail in the registration process.
2.4 After entering the information required for registration, a confirmation email will be sent to the email address provided. Only when you click on the activation link contained in the email will your registration successful and your registration complete. This is to verify your email address.
2.5 Your customer account is non-transferable and may only be used by you personally. Re-registration after your customer account has been terminated by Conzen Kosmetik GmbH is prohibited.
2.6 Only one customer account can be created per person. We reserve the right to delete corresponding accounts in the event of multiple registrations and to warn or terminate customers who violate the aforementioned provisions.
3. Order process and conclusion of contract
3.1 The offer in the online shop is exclusively aimed at natural persons of legal age who are acting as consumers.
3.2 The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
3.3 The selected goods are collected in the shopping basket. By submitting an order via the online shop by clicking the ‘Pay and order’ button, you are submitting a legally binding offer (hereinafter referred to as the ‘order’). Before the offer is submitted in a binding way, you have the opportunity to check the accuracy of your information and correct it if necessary.
3.4 We will immediately confirm the receipt of your order placed via our online shop by email. This is a legally required confirmation of your order, but does not constitute binding acceptance of the order by us.
3.5 A contract is concluded when you send a payment instruction via the payment methods offered by us and click the button ‘Pay and order’.
4. Cancellation policy
You have the following right of cancellation:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the date:
· on which you or a third party named by you, who is not the consigner, have taken or has taken possession of the goods; or
· in the event of an order for several goods which you have ordered as part of one order and which are delivered separately: on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of cancellation, you must inform us (Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, Germany, phone: +49 [0]4101 37 33 0, email: info@grahamhill-cosmetics.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or an email). You can use our template cancellation form for this purpose, however please note that this is not mandatory.
To adhere to the cancellation period, it is sufficient for you to send notice of you exercising your right of cancellation before the end of the cancellation period.
Template cancellation form
(If you wish to cancel the contract, please complete and return this form)
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To: Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, Germany, email: info@grahamhill-cosmetics.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (for paper notices only)
Date |
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(*) Delete as applicable.
Consequences of cancellation
If you cancel this contract, we are required to 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 that differs from the cheapest standard delivery offered by us), without delay and within fourteen days of the day on which we received notice of your cancellation of this contract at the latest. For this repayment, we 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 earlier.
You must return or hand over the goods to us at Lehmkoppel 2, 25499 Tangstedt, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of this contract being cancelled. The deadline is met if you send the goods before the fourteen days pass.
You shall bear the direct costs of returning the goods.
You are only required to pay for a loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
5. Prices and shipping costs
5.1 All prices in our online shop are gross prices including statutory VAT and do not include shipping costs.
5.2 The shipping costs are indicated in the order process in our online shop.
5.3 The price including VAT and applicable shipping costs are displayed on the order screen (shopping cart) before you submit the order.
5.4 If the delivery is made in several parts at your request, we will charge shipping costs for each partial delivery made.
6. Payment, delivery
6.1 In cooperation with PAYONE GmbH, Fraunhoferstrasse 2–4, 24118 Kiel, Germany, we offer the payment methods SOFORT Überweisung, credit card and PayPal. You decide how you want to pay each time you place an order with us.
6.2 The goods will be delivered from our warehouse to the address specified by you. We deliver to addresses within the member states of the European Union.
6.3 The delivery period is five (5) working days from dispatch of the order confirmation, unless otherwise agreed.
6.4 In the event of circumstances affecting delivery due to force majeure, our delivery time shall be extended appropriately, but at most up to a period of four (4) weeks. Strike, lockout, lack of delivery by subcontractors, official interventions as well as all other hindrances which, from an objective point of view, were not culpably caused by us, shall be deemed equivalent to force majeure. We will notify you when such hindrances start and end without delay. If the hindrance in the aforementioned cases lasts for a period of more than 4 weeks after the delivery times that originally applied, you are entitled to cancel the contract, in addition to your statutory rights.
7. Transport damage
7.1 If goods are delivered with obvious transport damage, please submit a complaint about such faults to the delivery agent immediately and contact us as soon as possible.
7.2 Failure to make a complaint or to contact us has no impact on your statutory warranty rights. However, they help us to be able to assert our own claims against the freight forwarder or the transport insurance provider.
8. Retention of title
8.1 The goods remain our property until full payment has been made.
9. Warranty, liability
9.1 We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular Section 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB). With the exception of liability for damages and/or in the case of intent, the limitation period for statutory claims for defects is one year and begins on delivery of the goods.
9.2 We shall only be liable for damages and/or reimbursement of expenses in accordance with the following provisions:
9.2.1 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
9.2.2 In other cases, we shall only be liable – unless otherwise stated in section 9.2.3 – in the event of a culpable breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (‘cardinal obligation’), limited to compensation for foreseeable and typical damage.
9.3 Any seller guarantees given by us for certain items or manufacturer guarantees given by the manufacturers of certain items to us shall be in addition to your claims for material defects or defects of title within the meaning of section 1. Details of the scope of such guarantees are set out in the terms and conditions of the guarantee which may come with the item(s). We only give a guarantee if this is expressly referred to as a ‘guarantee’ by us.
10. Promotional vouchers
10.1 Promotional vouchers are vouchers that we issue in particular as part of advertising campaigns with a specific period of validity. Promotional vouchers cannot be purchased.
10.2 Promotional vouchers are only valid for use at www.grahamhill-cosmetics.com and only in the specified period. Individual brands or items may be excluded from the voucher campaign.
10.3 The order value must be at least the amount of the promotional voucher. Refunds of any remaining credit are excluded.
10.4 You can only redeem a promotional voucher before completing an order transaction. Subsequent offsetting is not possible. We do not pay out the credit balance of a promotional voucher in cash, nor do we pay interest on it. If the promotional voucher credit is not sufficient to pay for the order, the difference can be made up using the payment options offered by us.
10.5 The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotion and no consideration was provided in return.
10.6 You are not entitled to transfer promotional vouchers to third parties. You are not entitled to combine several promotional vouchers. Promotional vouchers cannot be used to purchase gift vouchers. Insofar as the promotional vouchers contain other or further terms and conditions, these shall take precedence over the provisions set out in these GTC.
11. Gift vouchers
11.1 Gift vouchers are vouchers that you can purchase. Gift vouchers can be redeemed against items in the online shop at www.grahamhill-cosmetic.com.
11.2 Gift vouchers cannot be used to purchase additional gift vouchers.
11.3 The balance of a gift voucher is neither paid out in cash nor does it earn interest. You can only redeem gift vouchers before completing an order transaction. Gift vouchers and credit balances cannot be credited after redemption. A gift voucher is considered to be redeemed when it has been offset against an order or credited to the credit account. If gift voucher credit is not sufficient to pay for the order, the difference can be made up using the payment options offered by us.
11.4 More than one gift voucher can be used for an order. Gift vouchers can be combined with one promotional voucher per order.
11.5 We accept no liability for the loss, theft or illegibility of voucher cards for which we are not responsible. Gift vouchers are transferable. The use of the vouchers for commercial purposes is not permitted.
12. Offsetting/right of retention
12.1 You only have a right to offset if your counterclaims have been established by law or have been recognised by Hans Conzen Kosmetik GmbH. Furthermore, you are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
13. Copyright and trademark rights
Please note that the contents of the online shop, in particular the photographs, illustrations and descriptions are largely protected by copyright or trademark law. Any use of the images, films and texts that goes beyond searching or purchasing in the online shop is not permitted without our express consent.
14. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11/04/1980. For consumers who have their habitual residence in another country at the time of ordering, the application of mandatory consumer protection laws of that country remains unaffected by the choice of law made in clause 1.
15. Information on out-of-court dispute resolution
15.1 The European Commission provides an online dispute resolution service which you can access at http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. We are not legally obliged to participate in this.
15.2 There is also the following competent consumer arbitration board: General Consumer Arbitration Board for the Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany http://verbraucher-schlichter.de.
15.3 We do not participate in dispute resolution or arbitration proceedings. Please refer to our customer service.
16. Severability clause
Should any provision of this contract be or become invalid, the validity of the remainder of the contract shall not be affected thereby. The invalid provision shall be replaced by the respective statutory provision. The same applies in the event of a loophole.