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General terms and conditions of sale and delivery - dealer
General Terms and Conditions
of KOKEBI Cosmetics GmbH in distance selling and electronic business transactions via kokebi.de or telephone for purchases by private customers with a billing address in Germany.
§1 Scope of application
For your orders of goods online or by telephone, as well as for the purchase of KOKEBI voucher cards via www.kokebi.de or by telephone under the number +49 30 27908490 insofar as this does not deprive you of further consumer protection at your place of residence in Europe – exclusively the following General Terms and Conditions of KOKEBI Cosmetics GmbH, Tieckstr.
15, 10115 Berlin, Germany Phone: +49 30 27908490 email: info@kokebi.de) in the version valid at the time of the order.
Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
You can download the text to your computer or print it out. Any provisions deviating from these terms and conditions shall only apply if they have been confirmed by us in text form.
$ 2 Contractual Partner, Conclusion of Contract
The purchase contract is concluded with KOKEBI Cosmetics GmbH, Tieckstr. 15, 10115 Berlin, Germany.
Our information on goods and prices within each order process is subject to change and non-binding. Rather, by placing your order via the “Buy now” button, you first make a binding offer to purchase, which still requires acceptance by us. Only with the acceptance of your order does the purchase contract for the goods come into effect. We are not obliged to accept your purchase offer.
You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process.
You may not pass on a password required for ordering to third parties. In the event of disclosure, you shall also be liable for orders placed by the third party. You are responsible for any orders placed with your password and any resulting claims.
We do not store the text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser’s print function.
When the contract with us comes into effect depends on the payment method you have chosen:
Prepayment
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with bank details.
Credit card
When you place your order, you provide us with your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us. For payment processing via PayPal – in addition to our GTC – the GTC and the privacy policy of PayPal apply. Further information and the complete GTC can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
§ 3 Contract language, storage of contract text
The language available for the conclusion of the contract is German.
Insofar as we are legally obliged to do so, we store the relevant contract contents and send you the order data and our GTC by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet
§ 4 Terms of delivery
Shipping costs are added to the stated product prices. You will find more details about the shipping costs in the offers. We only deliver by mail order. It is not possible to collect the goods yourself.
After receipt of the offer and confirmation by KOKEBI Cosmetics, delivery is made to the address specified by the customer in the order. We expressly indicate deviating delivery times on the respective product page.
Up to an order value / invoice amount of € 60.00 KOKEBI Cosmetic charges a shipping fee of € 5.00 per order and within Germany. From an order value/invoice amount of € 60.00 the delivery is free of shipping costs.
Shipments to all other EU countries are charged at a flat rate of EUR 13.00.
From €100.00, delivery to other EU countries is free of charge.
Shipping to Great Britain and Switzerland costs €18.00.
Shipping costs will be added to the indicated product prices. You can find out more about the amount of shipping costs in the offers. We deliver only by mail order. A self-collection of the goods is possible after arrangement.
Please note: If your package is returned to us because you entered an incorrect address or did not accept it, you will incur the cost if reshipment is requested.5.00
§ 5 Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise the right to cancel, you must inform us (KOKEBI Cosmetics GmbH, Tieckstr.
15, 10115 Berlin Germany; email: info@kokebi.de Telephone number: +49 302790849-0 (at the applicable local rate); of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must 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 other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will 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 the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of the return shipment. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Model withdrawal form
If you wish to cancel the contract using the cancellation form, please complete this form and return it to
KOKEBI Cosmetics GmbH
Tieckstr.
15
10115 Berlin
Germany,
email: info@kokebi.de
Phone:+49 30 2790 849 -0
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) ((*) delete as applicable).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
_______________Signature of the buyer
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. With regard to the returned goods, you shall bear the direct costs of the return shipment.
Special notes
If you finance this contract by means of a loan and revoke it later, you are also no longer bound to the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall enter into our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.
§ 6 Cost transfer agreement
If you exercise your right of revocation, you shall bear the direct costs of returning the goods,
You only have to pay for any 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.
§ 7 Prices and shipping costs
The prices valid on the day of acceptance of the order shall always apply for invoicing. The prices stated are in euros and include the statutory value added tax.
§ 8 Payment
The statutory value added tax is included in the price. Unless payment in advance has been agreed, the purchase price shall become due upon delivery. Payment shall be made by a method of payment offered on the order form. KOKEBI Cosmetics reserves the right to temporarily disable individual payment methods. In the case of payment in advance, i.e. transfer of the total amount to a bank account, the goods will not be dispatched until we have received payment.
Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus, or a birthday voucher) can only be redeemed under the terms of the promotion advertised in each case. Several discounts and discount vouchers cannot be combined.
The purchase price is due upon complete delivery, i.e. handover of the goods or the KOKEBI Cosmetic gift voucher cards. Your account will be debited at the next possible date, depending on the selected payment method. In the case of purchase on account, the purchase price must be credited to the account specified in the invoice no later than 14 days after delivery.
In the case of payment by direct debit, the invoice amount will be debited from your specified account no later than 2 days after the invoice date.
If, in the case of a purchase on account, the invoice amount to be paid is not credited to our account in due time or if the invoice settlement of another payment method chosen by you does not take place on the scheduled date, you will automatically be in default. Even without a further reminder, you are then additionally obliged to pay the statutory default interest in the amount of five percentage points above the respective base interest rate announced by the European Central Bank and the further damage caused by default, in particular the further collection costs. However, you shall in any case have the right to prove that no damage or a lesser damage has been incurred.
The same applies in the event that the invoice amount was to be settled in the case of payment by direct debit, credit card (American Express, Master Card, VISA Card or Diners), PayPal or KOKEBI Cosmetics GmbH voucher card, was rejected by the account-holding institution or is not settled within 30 days of the invoice date.
§ 9 Retention of title
The delivered goods shall remain our property until payment has been made in full. In the event of conduct in breach of contract on your part, in particular in the event of default in payment, we shall be entitled, after setting a reasonable deadline, to take back the delivery item; you shall be obliged to surrender it on first demand.
§ 10 Delivery/transport damage
Standard deliveries are made in Germany from our distribution centre to the delivery address stated in the order or to a DHL packing station, a Hermes parcel shop or a post office branch within Germany. Delivery to PO box addresses is not possible.
For a standard delivery via DHL or Hermes within Germany, your order will usually be delivered within 2-4 working days. Deliveries to EU/EFTA countries may take longer.
We expressly reserve the right to change, expand, limit or partially or completely discontinue delivery methods (e.g. express, overnight etc) at any time and without stating reasons.
Public holidays and public holidays, which vary within Germany as well as the EU and EFTA, affect the delivery date of your order and lead to a postponement of the delivery by up to two working days following the public holiday.
We are entitled to make partial deliveries insofar as this is reasonable for you based on a consideration of your and our interests. In the case of partial deliveries, we shall of course bear the additional shipping costs incurred as a result. Partial deliveries are dispatched at our risk. Upon receipt of each partial delivery, the risk for the delivered items shall pass to you. If we are in default with outstanding partial deliveries or if outstanding partial deliveries are not possible for us, you are entitled to withdraw from the contract as a whole or to claim damages for non-fulfilment of the entire obligation whenever the partial delivery is of no interest to you.
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 11 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The product illustrations do not always have to correspond to the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after the manufacturer has renewed its product range. Claims for defects do not exist insofar as the changes are reasonable for the customer.
If the goods are defective, we will provide subsequent performance within a reasonable period of time, i.e. either replacement delivery or rectification of the defects. If the supplementary performance chosen by you is only possible at disproportionate expense, we shall be entitled to provide supplementary performance in the other form. The expenses necessary for the subsequent performance shall be borne by us. If we do not succeed in providing subsequent performance, you have the right to either cancel the purchase or reduce the purchase price.
Defective goods must be returned to us unless you have decided to reduce the purchase price.
Claims for defects in new goods become time-barred within 2 years from the date of delivery (receipt by the addressee) of the goods.
The following applies to used goods: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service:
Hotline from Monday to Friday from 10:00 to 12:00 and 13:00 to 16:00
§ 12 Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the cases listed below
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
§ 13 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Data protection/ Credit assessment
The data necessary for the business transaction in accordance with the applicable German and European data protection regulations stored.
For the processing of payments, credit card payments and credit checks, we use the payment service PayPal Plus and we therefore offer various payment methods as PayPal services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us. For payment processing via PayPal – in addition to our terms and conditions – the terms and conditions and privacy policy of PayPal apply. Further information and the complete GTC can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
All personal data will of course be treated confidentially.
Our company checks your creditworthiness for orders where there is a risk of non-payment and we therefore have a legitimate interest. During the credit check, a probability value for the risk of non-payment is determined. In calculating the probability value, among other things (but not exclusively) your address data is used.
§ 16 Miscellaneous
We reserve the right to change the general terms and conditions at any time. These are available at any time in their current version on kokebi.de, as a PDF file for downloading and printing.
For our customers in Germany, German law applies. For customers residing abroad, the sales law of the country in which the customer usually resides shall apply.
Claims and complaints can be made at the following address.
Provider identification
Postal address
KOKEBI Cosmetics GmbH
Tieckstr.
15
10115 Berlin
E-mail: info@kokebi.de
Website: www.kokebi.de
Tel.: +49 (0) 302 790 849 – 0
Managing Director:
Birgitta Bitschnau-Burkart
Sales tax identification number:
DE 339332229
Berlin Charlottenburg Local Court – Commercial Register:
225690B
Service hours:
Mon. – Thurs.: 10:00 – 12:30 and 13:30 – 17:00
Fri.: 10:00-13:30
This website is operated by KOKEBI Cosmetics GmbH
Only the respective owners and authorized persons are entitled to use trademarks. Every website design, every text, all graphics, every selection or layout thereof and every software on this website is protected by copyright. Copying or reproduction (including printing on paper) of all or part of this website is permitted only for the purpose of placing an order or for the purpose of using this website as a shopping resource. Any other use of the materials and/or information available on this website (including reproduction, redistribution, modification and publication for any purpose other than that stated above) is prohibited unless you have obtained written permission.
§ 17 Severability clause
Should any provision of this contract be or become invalid or unenforceable in whole or in part, the contracting parties agree to replace this provision with a valid or enforceable agreement that comes as close as possible to the originally intended economic purpose. Otherwise, the contract shall remain in effect. The same applies to loopholes in the contract.
Status: 15.02.2021
