SECTION 1 APPLICABILITY For the business relationship between Stefanie Hanssen and Christoph Niedermeier GbR (Frau Tonis Parfum) and its customers, these general terms and conditions apply, in the version valid at the time the contract is concluded. Deviating conditions are not an integral part of this contract, even if they have not been explicitly rejected by Stefanie Hanssen and Christoph Niedermeier GdR. SECTION 2 CONCLUSION OF CONTRACT, PAYMENT OF PURCHASE PRICE, DEFAULT All offers of Stefanie Hanssen and Christoph Niedermeier GbR are subject to change. The sale is done subject to the availability of the goods and the components used. The purchase price is due immediately with the order confirmation. The customer is obliged to pay the total amount (the purchase price plus any delivery costs) in advance (by bank transfer) to the account held by Stefanie Hanssen and Christoph Niedermeier GbR, account number 3040808628, sort code 100 200 00, Berliner Bank, or to make the purchase via the online shop. All prices are quoted including the legally applicable VAT. SECTION 3 DELIVERY, DISPATCH The delivery is done by sending the good to the delivery address specified electronically by the customer. Details about the delivery time are non-binding, providing a binding delivery date has not been agreed to in exceptions.
The delivery costs are based on the country of destination.
Germany (DHL) Delivery time: normally 1 to 3 working days Delivery cost: EUR 4.90 Free delivery from EUR 90.00
Germany (DHL Express) Delivery time: normally 1 working day Delivery cost: EUR 14.90
International, Europe region I (DHL Express) Belgium, Denmark, France, Luxembourg, The Netherlands, Austria Delivery time: normally 1 to 3 working days Delivery cost: EUR 19.90 Free delivery from EUR 250.00 Shipment tracking from door to door
International, Europe region II (DHL Express) Bulgaria, Estonia, Finland, Greece, Great Britain and Northern Ireland, Republic of Ireland, Italy, Croatia, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Vatican City, Cyprus (southern) Delivery time: normally 1 to 3 working days Delivery costs: EUR 24.90 Free delivery from EUR 250.00 Shipment tracking from door to door
International (Deutsche Post) Switzerland Delivery time: normally 7 to 12 working days Delivery costs: EUR 19.90 Free delivery from EUR 250.00
Gift voucher by mail (Deutsche Post) Applies to all countries Delivery time: Germany normally 1 to 2 working days, International normally 3 to 12 working days Delivery costs: EUR 2.50 Free delivery from EUR 90.00 in Germany, International from EUR 250.00 No shipment tracking
No European VAT is charged on orders which are sent to countries outside of the EU. We would, however, like to point out that these orders may be subject to taxes and duties in the respective country of destination. All extra costs for the customs clearance as well as any customs and import fees are to be borne by the recipient.
We will strive to always process and send your order as quickly as possible. The goods are dispatched within 2 working days of the receipt of payment, provided nothing else is specified. If the ordered goods are not available in stock, or if we need longer to process individual products, you will receive information about the delivery time on our website in the product view. SECTION 4 RETENTION OF TITLE The delivered goods remain in the ownership of Stefanie Hanssen and Christoph Niedermeier GbR until all the existing claims against the customer have been settled. SECTION 5 OFFSETTING The customer is only entitled to a right to offsetting, if its counter claims have been legally established or have been acknowledged by Stefanie Hanssen and Christoph Niedermeier GbR. SECTION 6 RIGHT OF WITHDRAWAL If one of the following objective reasons exists after the conclusion of the contract, Stefanie Hanssen and Christoph Niedermeier GbR is permitted to withdraw from the contract with the customer immediately: 1. Delivery bottlenecks concerning goods and raw materials which are required for the correct processing of the customer's order, 2. In the event of incorrect or late delivery by our suppliers. This is not applicable in the event of non-delivery culpably caused by Stefanie Hanssen and Christoph Niedermeier GbR. Stefanie Hanssen and Christoph Niedermeier GbR is obliged to notify the customer immediately about the non-availability of the payment, if possible. Services already exchanged, in particular the full payment of the price by the customer, shall be refunded immediately.
Section 6.1 Cancellation of arrangements The customer can withdraw from the contract at any time before the start of the arrangement, by sending a statement to Stefanie Hanssen & Christoph Niedermeier GbR. Here is the receipt of the declaration of withdrawal by Stefanie Hanssen & Christoph Niedermeier GbR is key. The customer is recommended to declare the withdrawal in writing, for its own benefit. If the customer withdraws from the contract or if it does not use the booked service, then Stefanie Hanssen & Christoph Niedermeier GbR is entitled to suitable compensation due to the loss of the claim for the agreed arrangement price as per Section 651i BGB (German Civil Code). The amount of the claim is determined according to the originally-agreed price, deducting the value of the expenditure saved by Stefanie Hanssen & Christoph Niedermeier GbR, and any cost-saving Stefanie Hanssen & Christoph Niedermeier GbR could achieve by using it in a different way. Stefanie Hanssen & Christoph Niedermeier GbR can also make this claim a lump sum as per Section 651i, paragraph 3, BGB.
In this respect, the withdrawal costs for all arrangements shall be
a) 30% of the price p.p. up to 14 days before the start b) 50% of the price p.p. from 7 days before the start c) 80% of the price p.p. from 3 days before the start d) 85% of the price p.p. 2 days before the start e) 100% of the price p.p. in the event of a non-appearance. SECTION 7 LIABILITY FOR DEFECTS In the event of a defect the legal provisions shall apply. Stefanie Hanssen und Christoph Niedermeier GbR is not liable for further damage which the buyer incurs due to the defect delivery. This liability disclaimer does not apply to damage due to an injury to life, limb or health, which is due to a wilful or negligent breach of duty by Stefanie Hanssen und Christoph Niedermeier GbR, its legal representatives or vicarious agents. Furthermore, this liability disclaimer does not apply to other damage which is due to a wilful or grossly negligent breach of duty by Stefanie Hanssen und Christoph Niedermeier GbR, or a wilful or gross negligent breach of duty by one of its legal representatives or vicarious agents. In particular, Stefanie Hanssen and Christoph Niedermeier GbR assume no liability for defects due to the incorrect application of the delivered perfume. There may be differences in colour or other deviations in the layout between the preview of the perfume and the lettering on the screen, and the delivered product. SECTION 8 IMPORTANT NOTE ON THE RIGHT OF WITHDRAWAL The return guarantee of Stefanie Hanssen and Christoph Niedermeier GbR is exclusively a voluntary service provided by Stefanie Hanssen and Christoph Niedermeier GbR. Stefanie Hanssen and Christoph Niedermeier GbR explicitly reserves the right to make a decision about the acceptance of returned goods in individual cases. The acceptance of returned perfumes is generally not guaranteed for hygiene reasons. In particular, Stefanie Hanssen and Christoph Niedermeier GbR does not accept the multiple return of perfumes in succession by a customer.
Section 8.1 Individual Creation If the perfume is made or compiled especially and individually according to the customer's requests, the customer is not entitled to a right of withdrawal and return in accordance with Section 312d IV, 1 BGB (exclusion of the right of withdrawal and return for distance contracts: goods which are produced according to a customer specification or are clearly tailor-made for personal needs).
Section 8.2 Exclusion of the right of withdrawal Returns of our products are due to hygienic reasons only limited possible because they are cosmetic products. The products must be in their unused original condition, with all tags and the security seal still attached. Incomplete, damaged, worn or altered items cannot be accepted. SECTION 9 CONCLUDING REMARK If the individual wording, or parts of these general terms and conditions do not meet, no longer meet, or do not completely meet the applicable legal conditions, the content and validity of the rest of these general terms and conditions shall not be affected. Changes to this provision require written form, provided nothing else has been agreed. The same applies to the waiving of the requirement for written form. In addition, the law of the Federal Republic of Germany applies to contractual relationships between the parties, excluding the UN Convention for the International Sale of Goods (CISG). The place of jurisdiction in the event of disputes with companies is agreed to be Berlin, Germany. Berlin, 01.11.2009 Stefanie Hanssen Christoph Niedermeier