General Terms & Conditions
Last updated: 02/2018
- Ordering Process, Payment Methods, Contract Closure, Contract Language, Contract Partner
- Delivery, Product Availability, Shipping Costs
- Right of Revocation, Exclusion of the Right of Revocation
- Due Date & Payment
- Reservation of Ownership
- Warranty, Liability
- Data Protection
- Alternative Streitbeilegung
- Applicable Law, Place of Jurisdiction
- Final Provisions
§ 1 Scope
- For any matters relating to the Charlotte Meentzen Online Shop, the following General Terms & Conditions (hereinafter referred to as: “GTC”) of Charlotte Meentzen Kräutervital Kosmetik GmbH (hereinafter referred to as: “Charlotte Meentzen”) shall apply exclusively for consumers (Clause 13 of the German Commercial Code (BGB)) in the version valid at the time of the order. Any terms and conditions differing from or contradicting the following provisions shall not apply.
- The GTC is available to save and/or print out, and can be accessed via our Website.
§ 2 Ordering Process, Payment Methods, Contract Closure, Contract Language, Contract Partner
- All products depicted in the Charlotte Meentzen Online Shop are non-binding and do not constitute a binding offer.
- The prices stated are in Euros and include statutory valued-added tax (VAT).
- Once you have found your desired product you can place it in your shopping cart without obligation by clicking on the appropriate button. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart icon.
You can remove the products from the shopping cart at any time by clicking the X button (Delete product) or editing the number of products. If you would like to purchase the products in the shopping cart, you must click on the "Checkout" button. You then have the option to register and create a user account protected by a password. This password shall be treated confidentially and not passed on to any third parties. You can also place an order as a guest, without having to register. If you place an order as a registered user, the contractual text is saved and can be accessed by you at any time via your user account. If you place an order as a guest, the contractual text will not be saved.
When processing the order we shall ask you about your preferable method of payment. We offer you a choice of the following payment methods: payment by bank transfer (prepayment), credit card (Visa, Mastercard), PayPal.
Once you have entered your data and selected payment options, you will be forward to the order page where you must review the information you have provided. You can make changes by clicking on the "back" button and the “edit" button.
By clicking on the button "Order" you will complete your order and thereby enter into a binding purchase contract relating to the products in the shopping cart. You will only be able to subject this offer however if you have accepted our GTC by checking the respective box. It is not possible to alter your order details after this time.
- A contract shall come into effect upon selection of the payment type PayPal or credit card with the sending of an automatically generated order confirmation e-mail to you entitled "Your order in the Charlotte Meentzen Online Shop".
- If you selected advanced payment by bank transfer (prepayment) as your payment method, this order confirmation e-mail is purely informative. A contractual agreement shall only come into effect once you have received the payment request from Charlotte Meentzen. This payment request shall be sent by us at the latest 3 working days after your order in a separate e-mail entitled "Payment Reminder for your Order in the Charlotte Meentzen Online Shop".
- The legally applicable contractual language is German.
- The contract between you and Charlotte Meentzen shall come into effect with:
Charlotte Meentzen Kräutervital Kosmetik GmbH
Institut für Natürliche Kosmetik
Tel.: + 49 (0) 3528 / 4141 - 0
Fax: + 49 (0) 3528 / 4141 - 99
Managing Director: Robert Gey
Registry court: Amtsgericht Dresden
Registry number: HR B 3134
VAT ID number pursuant to Clause 27 (a) of the German Vat Act: DE 140 125 776
§ 3 Delivery, Product Availability, Shipping Costs
- Delivery shall be made to the delivery address you provided. Deliveries and invoicing are only possible to addresses located within Germany.
- Charlotte Meentzen sells all its goods in normal household quantities only. The commercial resale of the goods is not permitted.
- The products depicted in the Charlotte Meentzen Online Shop contain information about the availability and delivery date. If unforeseeable delays in delivery occur we will inform you without delay and endeavour to find a solution together. This solution might be, for example, that we send the missing items to you at a later date, or that we reimburse you the purchase price. In the case of goods you have ordered being permanently unavailable, we reserve the right to reject the order and to refrain from delivery. In this case we shall inform you without delay to this effect and reimburse you immediately with any payment we have already received from you.
- If you pay by prepayment, we will send you your goods within 3 working days after receipt of the full purchase price to the account of Charlotte Meentzen. You should therefore allow 2 days for bank processing.
- Charlotte Meentzen shall charge a delivery flat rate for orders of up to € 25.00. For orders in excess of this amount, delivery shall be free of charge. Please refer to our shipping costs overview for current shipping costs applied for delivery.
§4 Right of Revocation, Exclusion of the Right of Revocation
INFORMATION ABOUT THE RIGHT OF REVOCATION
RIGHT OF REVOCATION
You have the right to withdraw from the contract within a period of fourteen days without providing any reasons for this.
The revocation period shall be for fourteen days starting from the day on which you or a third party named by you who is not the shipping carrier have/has taken possession of the goods – or the final delivery of goods in the case of partial deliveries.
In order to exercise your right of revocation you must inform:
Charlotte Meentzen Kräutervital Kosmetik GmbH
Tel: 03528-4141 - 0
Fax: 03528-4141 - 99
You must include a clear explanation (e.g. in a letter sent by post, a fax, or an e-mail) for your decision to revoke this contract.
You can make use of the revocation form template here, although this is not compulsory.
In order to adhere to the revocation period, it shall suffice if you submit notice that you will exercise your right of revocation before expiry of the revocation period.
Please note that simply sending back goods without including any explanation does not constitute a revocation.
CONSEQUENCES OF REVOCATION
If you revoke this contract we shall be obliged to reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs that result from you having selected another method of delivery to the low-cost standard delivery offered by us) without delay and within fourteen days at the latest from the day on which we received notification about your revocation.
This reimbursement shall take place using the same means of payment used for the original transaction, unless another method has been explicitly agreed with you; under no circumstance will you be charged as a result of this reimbursement.
We can refrain from providing reimbursement until we have received back the goods or until you have provided verification that you have send back the goods, depending on which of these occurs first.
You must send back or hand over the goods without delay and within fourteen days at the latest, starting from the day on which you inform us about the revocation of this contract. This limited period shall be adhered to if you send the goods prior to expiry of this deadline of fourteen days. We shall carry the costs of sending back the goods.
You shall only have to pay for any possible loss in value of the goods if this loss in value can be attributed to an unnecessary treatment of the goods by you – after an analysis of the condition, characteristics and functionality of the goods.
EXCLUSION OF THE RIGHT OF REVOCATION
The right of revocation shall not apply for contracts for the delivery of goods that are not suitable for return for reasons relating to health protection or hygiene, if their seal has been removed after delivery.
The resale of opened creams and other care products of Charlotte Meentzen shall not be possible for hygienic reasons. All of our products are sealed using a particular kind of seal. If this seal, which constitutes a sealed product, has been removed or ripped off after delivery, the right of revocation shall be excluded.
END OF THE INFORMATION ABOUT THE RIGHT OF REVOCATION
§5 Due Date & Payment
Payment of the purchase price shall be due immediately after closure of the contract. You can pay the purchase price by bank transfer (prepayment), credit card (Visa or Mastercard), or PayPal.
§6 Reservation of Ownership
The goods delivered shall remain the property of Charlotte Meentzen until payment has been made in full.
§7 Warranty, Liability
- If the goods delivered are defective, your warranty rights shall be dictated by legal regulations, and in particular Clauses 434 ff. of the German Civil Code (BGB), subject to the following provisions below.
- If Charlotte Meentzen agrees to rectify this defect and rectification takes the form of a replacement delivery, you shall be obliged to send back the defective product to Charlotte Meentzen at the costs of Charlotte Meentzen within a period of 30 days. The return of the defective product must take place in accordance with the relevant legal provisions (Clause 439 Abs. 4 of the German Civil Code (BGB)).
- If you have questions regarding a defect and the processing of a claim, you can contact our customer service about this matter by e-mailing firstname.lastname@example.org.
Charlotte Meentzen shall be liable in cases where the damages are the result of wilful intent or gross negligence.
- Moreover, Charlotte Meentzen shall be liable for the negligent breach of essential obligations where any breach endangers the fulfilment of the purpose of the contract, or for the breach of obligations where fulfilment enables the orderly performance of the contract in the first place and you regularly rely on this fulfilment. In this case, Charlotte Meentzen shall nevertheless only be liable the foreseeable and typically occurring damage. Charlotte Meentzen shall not be liable for the slightly negligent breach of obligations other than those stated above.
- The aforementioned limitations of liability shall not apply in the case of the culpable injury to life, body or health, for a shortcoming after accepting a warranty for the quality of the product, and in the case of fraudulently concealed deficiencies. Please note that if you test the cosmetics/products in suitable, non-visible areas for compatibility or seek expert advice, this shall not apply, in particular in the case of previous dermatological damage. Liability pursuant to the German Product Liability Law (“Produkthaftungsgesetz”) shall remain unaffected here.
- If the liability of Charlotte Meentzen is excluded or limited, this shall also apply for the personal liability of employees, representatives and subcontractors.
§ 8 Data Protection
§ 9 Alternative Dispute Resolution
The European Commission makes a platform available for extrajudicial online dispute resolution pursuant to Art. 14 (1) of the Online Dispute Resolution Regulation (ODR_VO). This can be accessed via the external link: http://ec.europa.eu/consumers/odr/ . Consumers have the option of using this platform to clarify the settlement of disputes relating to an online order without the involvement of a court of law.
We are committed to settling any possible differences of opinion arising from our contract amicably with you. Moreover, Charlotte Meentzen is not obliged and willing to participate in a dispute settlement procedure taken in front of a consumer arbitration board.
If you have any questions please e-mail: email@example.com.
§10 Applicable Law, Place of Jurisdiction
German law shall apply, with the exclusion of German international private law and the U.N. Convention on Contracts for the International Sale of Goods (CISG). The legal regulations for the limitation of governing law and the applicability of mandatory provisions in particular of the state in which the customer has their main place of residence as consumer, shall remain unaffected. If, after closure of the contract, the consumer changes their place or residence or habitual residence to a country other than the Federal Republic of Germany, or the place of residence or habitual residence is unknown in the case of legal action being filed, the place of jurisdiction for all claims arising from or in association with orders shall be Dresden, Germany.
§11 Final Provisions
- All content that constitutes the Charlotte Meentzen Online Shop, including the texts, images and graphics are – unless explicitly stated otherwise – the property of Charlotte Meentzen. This content is protected by copyright and may only be used for private purposes without our consent, i.e. it may not be used for public or commercial purposes (downloads, reproductions). The unauthorised or improper use of all registered brands and logos of Charlotte Meentzen is not permitted.
- If individual provisions of the contract and the GTC are invalid or unenforceable, or become invalid or unenforceable after closure of the contract, the validity of the remainder of the contract shall remain unaffected. In place of the invalid or unenforceable provisions, valid or enforceable provisions should be applied that come nearest to the economic objective that the contractual parties had pursued with the original invalid or unenforceable provision. The aforementioned provisions shall apply accordingly in cases where the contract transpires to be incomplete.
We reserve the right to make changes and alterations to our GTCs. Please be sure to read the latest version of our GTC before completing each of your orders.
Terms of Participation for Raffles & Competitions on our Facebook Page / Instagram
- Participation is free of charge and independent of the acquisition of goods or services. In he/she wishes to participate in raffles/competitions, the user shall accept these Terms of Participation.
- Only individuals who are resident in Germany, Austria or Switzerland and who have declared their participation without the respective time period set shall be entitled to participate in raffles/competitions. Entries submitted at a later data will not be considered in the selection.
- Unless otherwise stated, all entrants entitled to participate in the raffle/competition shall be included in the draw to determine the winners.
- The participants shall agree that the winner’s name will be published on the Facebook / Instagram page of Charlotte Meentzen Deutschland.
- The winners shall be announced in the days after the raffle/competition on our Facebook/Instagram page and requested via a Facebook / Instagram message to share their name and their address for the purposes of sending their prize. If the winner does not respond within 48 hours after receipt of the prize message, the prize shall become invalid.
- A prize shall be sent to the address within Germany, Austria or Switzerland provided by the winner. If the address provided by the winner is incorrect, and/or the prize cannot be awarded for other reasons for which the winner is responsible, the prize shall become invalid.
- An exchange of the prizes for a cash payment or other valuables is not possible. The prizes are non-transferrable.
- Charlotte Meentzen is entitled to exclude participants from entering a raffle/competition in cases where there are grounds to suspect that they are in breach (or other form of manipulation) of the Terms of Participation, and if necessary to disqualify them from prizes already won and demand that they be sent back.
- Charlotte Meentzen reserves the right to alter the specifications of the prizes themselves.
- Charlotte Meentzen reserves the right to suspend the raffle/competition, either temporarily or permanently.
- Legal recourse is excluded.