General Terms and Conditions

General Terms and Conditions

§ 1 Scope, General
 
(1) These general terms and conditions apply to all business relations between Laila Surya Däsch, Fürstengasse 2, 63739 Aschaffenburg (hereafter: User) and their customers (hereinafter referred to as Customer) in the current version at the time of conclusion of the contract.
 
(2) For each of the following provisions, a distinction is made whether the customer is a consumer within the meaning of § 13 BGB or an entrepreneur within the meaning of § 14 BGB. For regulations that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). If the text refers exclusively to "customer", the regulation applies to both consumers and entrepreneurs.
 
(3) These terms and conditions apply exclusively. Conflicting terms or conditions of an entrepreneur deviating from these terms and conditions are not recognized, unless the user has expressly agreed to this in writing in individual cases. This also applies if the user carries out his services without reservation in the knowledge of conflicting or deviating conditions of the company.
 
(4) The contract language is German.

 
§ 2 Concluding the contract
 
(1) The presentation of the goods in the online shop of the user does not constitute a legally binding offer, but merely a request for the submission of an offer by the customer during the ordering process.
 
(2) By completing an order process in the user's online shop, the customer makes an offer within the meaning of §§ 145 ff. BGB on conclusion of a contract with the user. This constitutes a legally binding offer by the customer. In the case of an order placed via internet, the customer receives immediately an e-mail after having sent his order confirming the receipt of his offer; this is not yet the acceptance of the offer made by the customer, but is solely for information purposes. The contract is concluded when the user accepts the offer by sending the ordered product to the customer and confirming the shipment to the customer with a second e-mail (shipping confirmation). For products from the same order, which are not listed in the shipping confirmation, no purchase agreement is concluded.
 
(3) The text of the contract is stored on the internal systems of the user. The customer can always read the general terms and conditions on this page. After completion of the order, the data regarding the order is no longer accessible via the Internet for security reasons.
 
 
§ 3 Due date, payment and default
 
(1) The purchase price becomes due upon conclusion of contract. The payment needs to be made in advance.
 
(2) As part of the order confirmation, the customer shall be provided with the necessary payment information (bank details).
 
(3) If the customer is in default, the user is entitled to demand the statutory interest on arrears. The user's right to claim higher interest or other damages for any other legal reason remains unaffected.
 
 
§ 4 Delivery
 
(1) The user will ship the goods within approx. 3 - 5 days unless a different delivery period is stated for the respective item.
 
(2) The goods are shipped via various shipping partners, which are displayed fort he customer during the ordering process.
 
(3) If not all ordered goods are in stock, the user is entitled to partial deliveries, as far as this is reasonable for the customer. The resulting shipping costs are borne by the user.
 
(4) In the event of a delay, the customer can only withdraw from the contract if he has granted the user a reasonable grace period of at least one week, and this deadline has expired fruitlessly. A grace period is not required if a grace period is dispensable under the law.
 
(5) If the user is not in a position to deliver the ordered goods without his own fault because his supplier does not fulfill his contractual obligations, the user is entitled to revoke the contract. However, the revokation right only exists if the user has concluded a matching cover transaction with the supplier in question (binding, timely and sufficient order of the goods) and is not responsible for the non-delivery of the goods in any other way. In such a case, the user will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be refunded immediately.
 
(6) If the user is unable to fulfil his delivery obligation because of unforeseen events, e.g. war, natural disasters, strike and force majeure, and the user could not avert these circumstances employing reasonable care, so is the delivery period extended appropriately. Again, the user will inform the customer immediately. The legal rights of the customer remain unaffected.
 

§ 5 Right of Withdrawal
 
If the customer is a consumer, he can revoke the contract as follows:
 
Withdrawal
 
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
 
- where you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and they are or will be delivered in a uniform manner;
 
- where you or a third party named by you, other than the carrier, has or has taken possession of the last good, provided that you have ordered several goods in a single order and they are delivered separately;
 
- where you or a third party named by you, other than the carrier, has or has taken possession of the last partial consignment or the last item, provided that you have ordered a product that is delivered in multiple consignments or pieces;
 
- where you or a third party named by you, other than the carrier, has or has taken possession of the first good, provided that goods were  part of a contract for regular deliveries for a fixed period of time.
 
To exercise your right of withdrawal, you must inform
 
Laila Surya Däsch
c/o ABP-Service GmbH
z.Hd. Frau Chr. Roth
Am Steinbuckel 1
63768 Hösbach
 
Tel. +49 6021/ 455381
E-Mail: bestellungen@lailasurya.com

 
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model; using the form is not compulsory.
 
In order to respect the cancellation period, it is sufficient for you to send the notification informing that you are exercising your right of withdrawal before the expiry of the withdrawal period.
 
Consequences of the withdrawal
 
If you withdraw from this Agreement, we will reimburse you all payments we have received from you, including delivery charges (except for additional costs arising from choosing a different delivery than the one we have offered, the standard delivery), immediately and no later than fourteen days from the date on which the notice of your cancellation of this contract has been received. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have proven that you have returned the goods, whichever is earlier.
 
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform 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 bear the immediate costs of returning the goods.
 
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the condition, characteristics and function of the goods.
 
Exclusion from withdrawal
 
The right of withdrawal does not apply to distance selling contracts
 
- for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery.
 
End of instruction regarding withdrawal rights
 
 
§ 6 Information about the order transaction
 
By clicking on the button "add to cart", the customer can place the desired goods in the virtual shopping cart without any obligation. He can view the content of the shopping cart at any time by clicking on the "Shopping cart" button. The products can always be removed from the shopping cart by clicking on the button "delete article". If the customer wants to buy the products in the shopping cart, he clicks on the button "Continue ordering". By clicking on the button "Continue ordering" he completes the order process. The process can be stopped at any time by closing the browser window. The customer receives all other information, such as information on the available correction options, on the separate pages of the online shop.
 
 
§ 7 Opening the goods
 
With the opening of the essences and the transfer from the bottle into the application bottle, their consumption begins. In commercial transactions, the goods are no longer marketable after such use or cannot be resold to other customers. Accordingly, the customer may be required to pay compensation.
 
 
§ 8 Reservation of property rights
 
(1) The user retains ownership of all contractual items until receipt of all payments under the contract.
 
(2) Prior to transfer of ownership, the customer may dispose of the contractual goods only with the prior written consent of the user. In the case of third-party access, in particular in case of seizure of the goods, the customer must immediately inform the user in writing and inform the third party of the reservation of property rights of the user.
 
 
§ 9 Defects liability
 
(1) In the case of defectiveness of the delivered goods, the customer is entitled to the statutory warranty rights, unless otherwise stated in the following provisions.
 
(2) If goods are delivered with obvious transit damage, the customer shall fill a complain with the deliverer immediately and contact the user as soon as possible. The failure to make a complaint or contact the user has no consequences for the customer with regard to its statutory warranty rights.
 
(3) If the customer is an entrepreneur, the following also applies:
 
a. If the entrepreneur is subject to the obligation to reprimand according to § 377 HGB, the complaint must be made in writing.
 
b. If the customer indicates a defect in good time, then he has the option of either free use of the defect good or delivery of a defect-free product (supplementary performance) at the discretion of the user.
 
c. If the subsequent performance fails or is refused, the customer can only withdraw from the contract or reduce the purchase price. The supplementary performance is deemed to have failed at the earliest when three attempts at subsequent performance have failed.
 
d. Claims for defects are prescribed 12 months after delivery of the goods, unless the defect was fraudulently concealed, or concerns a guarantee for the condition of the goods.
 
(4) The images used to describe the goods are sample photos. These might not represent the article true to nature, but serve for illustration purposes. Depending on the screen used, in particular colors and sizes can be displayed differently. Decisive is the description of the respective article.
 
 
§ 10 Liability
 
The user excludes the liability for slightly negligent breaches of duty, as far as these are not essential contractual obligations (these are obligations whose fulfillment makes the proper execution of the contract possible and whose compliance the contracting party regularly trusts and trust) do not affect life, body, health, guarantee or claims under the Product Liability Act. The same applies to breaches of duty by the vicarious agents of the user.
 
 
§ 11 Cession
 
Unless otherwise agreed, the transfer of rights and obligations under this contract by the customer to a third party requires the prior written consent of the user. The consent can denied by the user only for an important reason.
 
 
§ 12 Miscellaneous provisions
 
((1) The legal relationship between the parties is governed exclusively by German law, excluding the UN Sales Convention. In the event that the buyer is a consumer, this applies only to the extent that the protection granted is not withdrawn due to mandatory provisions of the law of the state in which the consumer has his habitual residence,
 
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract is our registered office.
 
(3) We are not obliged and generally unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
 
 
Aschaffenburg, den 28.11.2017