General Terms and Conditions of Sale (T&C)
UND GRETEL Naturkosmetik GmbH
Stand: As at 25 November 2014
These General Terms and Conditions of Sale (hereinafter "Terms") are valid for all contracts concluded via the online shop www.undgretel.com between UND GRETEL Naturkosmetik GmbH and customers who are either
- consumers or
- businesspeople, but only those who act as end customers.
"Consumer" means any natural person who enters into a transaction for purposes which are primarily attributable to their commercial or independent professional activity.
A "Businessperson" is a natural or legal person or a legal partnership that enters into a legal transaction as part of their commercial or independent professional activity.
The Terms which apply are those which are currently in effect at the time of the order.
Acknowledgment of Terms
By placing an order the customer thereby acknowledges and agrees to these Terms.
The inclusion of general terms and conditions or contractual conditions belonging to the customer which deviate from these Terms will be rejected unless these are explicitly recognised by UND GRETEL Naturkosmetik GmbH.
Order and Conclusion of Contract
The presentation of products in our online shop is not a legally binding offer, but rather an invitation to order. The customer can choose from the range of natural cosmetics offered by UND GRETEL Naturkosmetik GmbH and add these selections into a so-called Basket by using the "Purchase" button. By clicking the "Buy Now" button, a binding order for the goods contained in the Basket and a binding offer to enter into a purchase agreement is made.
Receipt of the order is confirmed by automatic email. The automatic acknowledgment of receipt of the order does not constitute acceptance of the customer's offer. It only documents that the customer's order has been received by UND GRETEL Naturkosmetik GmbH.
As soon as the goods ordered are shipped, the customer will receive an additional confirmation by email. The purchase agreement is entered into only once this written confirmation of shipment of the goods has been sent.
If the selected product is permanently unavailable at the time of ordering, UND GRETEL Naturkosmetik GmbH will inform the customer of this immediately in a separate email. In this instance UND GRETEL Naturkosmetik GmbH will not confirm the order, and no purchase agreement will be concluded in this case.
If the product designated by the customer in the order is only temporarily unavailable, UND GRETEL Naturkosmetik GmbH will likewise promptly inform the customer of this in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to cancel the purchase agreement. In addition, UND GRETEL Naturkosmetik GmbH is also entitled to cancel the purchase agreement in this case. It will also immediately refund any payments already made by the customer.
The contract partner is UND GRETEL Naturkosmetik GmbH, Winsstraße 62-63, 10405 Berlin.
The contract will be concluded in German.
Customer account (online account) and password
Orders can be made on our website either with a customer account (online account) or as a guest without a customer account.
Designation of a username and password are necessary for orders placed via the customer account (online account). This information should not be disclosed to third parties. In the event that this information is shared, the registered user (customer) is responsible for any orders placed using this information (username and password), as well as for any claims resulting from this
Storage of the contract text
When an order is placed using a customer account (online account), the text of the contract, the customer's entries made when processing the order, the version of the Terms valid at the time of the order as well as customer information are saved by UND GRETEL Naturkosmetik GmbH and can be viewed by the customer in the customer account area (online account).
For orders placed without using a customer account (online account) no contract text will be saved.
In all cases, UND GRETEL Naturkosmetik GmbH will send an order confirmation, the version of the Terms valid at the time of the order as well as customer information to the email address specified by the customer.
Cancellation/Right to withdrawal
As a consumer you have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, other than the carrier, has taken possession of the goods. In the case of a contract for several items which you have ordered as part of a single order and which are dispatched separately, the cancellation period is fourteen days from the day that you or a third party named by you, other than the carrier, takes possession of the last of the items.
In order to exercise your right to cancellation, you must inform us of your decision to cancel this contract by sending a clear declaration (for example by means of a letter sent by post, fax, or email) to
UND GRETEL Naturkosmetik GmbH
Fax: (+49) 030 2809 6882
Tel: (+49) 030 2809 6881
You may use our optional cancellation form template if you prefer. Sending your notice of cancellation prior to the cancellation deadline is sufficient for complying with the deadline.
Consequences of Cancellation
If you cancel this contract we will promptly reimburse all payments we have received from you, including delivery costs (except for the additional costs incurred if you chose a method of delivery other than the most economical standard delivery option which we offer), at the latest within fourteen days from the date on which we received your cancellation notice. For this repayment we use the same mode of payment used by you for the original transaction, unless you have explicitly agreed to some other means; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first.
Upon cancellation of this agreement you must return the goods immediately or in any case within fourteen days at the latest from the date on which you notify us of cancellation of this contract, to
UND GRETEL Naturkosmetik GmbH
The deadline has been met if you send the goods before the fourteen day deadline period expires. You are responsible for the cost of returning the goods.
The right to cancel does not apply to the following contracts:
Contracts for the supply of sealed goods which are not suitable for return for reasons of health or hygiene if the seal has been broken after delivery.
End of Cancellation Policy
The cancellation policy does not apply to businesspeople.
Prices and delivery charges
All prices are all-in prices; they include the cost of packaging as well as sales tax (VAT).
In addition to the prices given, we charge a flat-rate fee of 4.90 EUR per order for delivery charges for delivery within Germany. The fees for delivery abroad are specified in detail within the delivery section. The respectively applicable sales tax is included in the delivery charges. The delivery charges will be clearly displayed by the shopping cart system and on the order page. Delivery charges are also listed in detail in the delivery section.
Unless otherwise agreed, delivery will be made to the address specified by the customer.
We deliver to: Germany, Belgium, Netherlands, Luxembourg, Austria, Denmark (excluding Faroe Islands and Greenland), France, Italy, Great Britain, Switzerland, Ireland, Finland, Portugal, Spain, Sweden, Norway, Poland, Czech Republic, Hungary, Slovakia, Slovenia, Greece, Turkey, Bulgaria, Malta, Cyprus (EU), Estonia, Latvia, Lithuania, Romania and Croatia.
The estimated delivery date is indicated in the shopping basket. Delivery begins from the day following confirmation of dispatch. If the order is placed on a Saturday, Sunday or public holiday, the delivery period begins at the end of the following working day.
If not all products ordered are in stock, we are entitled to make partial deliveries at our expense, if this is acceptable to you.
If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the goods is transferred to the customer at the point in time when the goods are delivered to the customer or if the customer is in default of acceptance. In all other cases liability is transferred to the customer when the goods are released to the delivery company.
Retention of Ownership
The goods supplied remain the property of UND GRETEL Naturkosmetik GmbH until full payment is made. Prior to transfer of ownership, any pledging, transfer of security, processing or redesign is prohibited without our consent.
Terms of Payment
UND GRETEL Naturkosmetik GmbH accepts the following methods of payment: Direct debit, PayPal, Credit Card (Visa, Master Card) and Instant Transfer.
When paying by direct debit, UND GRETEL Naturkosmetik GmbH is authorised by the customer to withdraw from the customer's bank account the amount of the price specified in the order overview by means of a direct debit authorisation. The customer is responsible for ensuring that the bank account has sufficient funds to cover the amount. Changes to bank account details must be communicated to UND GRETEL Naturkosmetik GmbH immediately. The customer will bear any costs incurred as a result of a returned payment transaction due to lack of funds or incorrect bank account information.
If paying by credit card, your credit card will be charged only once the order has been completed.
Paypal - The customer pays the invoice amount via the online provider PayPal. The customer must be already registered with PayPal or must complete an initial registration. After verification with login information, the customer can confirm the payment to us.
Immediate transfer - The charge of the purchase price to your account takes place upon completion of the order.
The statutory provisions on default will apply.
The statutory provisions on warranties will apply.
The following only applies to business people: The customer must inspect the goods carefully immediately upon delivery. The goods supplied will be deemed to be approved by the customer if no defect is communicated to us (i) within five working days of delivery in the case of obvious defects, or (ii) is otherwise communicated within five working days after discovery of the defect.
Customer claims for damages against UND GRETEL Naturkosmetik GmbH are excluded if UND GRETEL Naturkosmetik GmbH or its fulfilment agents or other vicarious agents have not caused damage with intent or through gross negligence.
The liability for damages resulting from injury to life, body and health due to negligent or wilful breach of contract or under the Product Liability Act or from fault upon conclusion of contract or from other breaches of duty or where mandatory liability for tort claims for compensation for material damages exists remains unaffected. Essential contractual obligations are obligations whose fulfilment makes proper performance of the contract possible in the first place and in which the customer can regularly trust.
The customer is not entitled to an offset against our claims, unless the counter-claims of the customer are legally established or undisputed. The customer is also entitled to offset against our claims if he makes complaints of defect or counter claims from the same contract of purchase.
Data Protection Policy
Please refer to our data protection policy, which can be viewed in the data protection section in the terms of privacy.
We reserve the right to unilaterally change these terms and conditions insofar as it is necessary to eliminate any equivalency issues which subsequently arise or to adapt to changing legal or technical conditions. We will inform the customer of any changes by notifying the content of the amended regulations using the last known email address for the account. The change becomes part of the contract if the buyer does not object to the changes to the contractual relationship in written or text form within six weeks of receipt of notification of the change.
If any provision of these Terms should be invalid, the validity of the remaining provisions will not be affected.
Applicable Law, Place of Jurisdiction
The law of the Federal Republic of Germany will apply, with the exception of the UN Sales Convention (CISG).
If the customer is a businessperson as defined in § 1 para 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising out of or in connection with the contract in question. In all other cases we or the customer may bring an action in any court having jurisdiction according to statutory provisions.