GENERAL TERMS AND CONDITIONS
1. SUPPLIER IDENTIFICATION; SCOPE
1.1 a Novation cosmetics GmbH ("a|Novation"), Stadionring 1, 44791 Bochum, Germany, E-mail: firstname.lastname@example.org, VAT identification number according to §27a Value Added Tax Act (UStG): DE 311260580, Bochum District Court, HRB 13130, represented by its managing directors: Peter Röder and Aleksandra Sourek.
1.2 The following General Terms and Conditions (“T&Cs”) apply exclusively in the version valid at the time the order was placed for all contracts between a Novation and the customer (hereinafter referred to as the “Customer”) on the delivery of items ordered on a|Novation’s online shop (“Online Shop”). Other conditions proposed by the customer are not recognised unless a|Novation provides their express written agreement.
1.3 All offers are aimed exclusively towards customers who are consumers. The customer is a consumer where the deliveries and services ordered are not intended for commercial or self-employment purposes (§ 13 German Civil Code (BGB)). A business, on the other hand, is a natural or legal person or a legal partnership that enters a contract for commercial or self-employment purposes.
2. CONCLUSION OF THE CONTRACT
2.1 The customer can choose products from a|Novation’s range and put them in their basket by clicking on “Add to basket”. By clicking on “Place order and commit to payment", they commit to purchasing the items in their basket. The customer can view and change this information at any time until the order is dispatched.
2.2 The contract is realised when a|Novation sends the declaration of acceptance with a separate e-mail (“Order confirmation”) or when the items are delivered. In the order confirmation or a separate e-mail, but upon delivery at the latest, the contract text (made up of the order and the T&Cs) are sent by a|Novation to the Customer in a permanent data format (e-mail or on paper). The contract text is saved in accordance with data protection regulations. The customer can view their previous orders on their user account if they have registered for one. Such a user account is not required to place an order.
2.3 The use of permitted down payment methods by the customer does not lead to the conclusion of the contract, despite payment of the full purchase price. The offer is accepted by a|Novation when an order confirmation e-mail has been sent or the items have been delivered.
2.4 The contract is concluded in German.
3. DELIVERY, AVAILABILITY OF GOODS
3.1 The items will be delivered within seven (7) working days at the latest once the payment has been received (Monday to Friday, excluding public holidays). It usually takes one to two (1-2) working days for the payment to be received if paying by bank transfer (with online banking).
3.2 If the item is not available at the time the order is placed, a|Novation will inform the customer immediately by email. If the product cannot be delivered for an extended period of time, Novation will cancel the declaration of acceptance. A contract will not be realised in this case.
3.3 If a product is only temporarily unavailable, a|Novation will also immediately inform the Customer by e-mail. In case of a delivery delay of more than two (2) weeks, the customer has the right to withdraw from the contract. Should this be the case, a|Novation may immediately provide a full refund of any payments already made by the customer. The customer’s legal right to cancellation (see section 9 of these T&Cs) remains unaffected. In this situation, a|Novation also has the right to withdraw from the contract. A full refund of any payments already made will also be provided by a|Novation in this case.
3.4 The following delivery restrictions are in place: a|Novation currently only delivers to customers with a habitual residence (invoice address) in one of the following countries, and who can provide a delivery address in the same country: Federal Republic of Germany, Austria, Switzerland, Great Britain, Netherlands, Poland.
4. RESERVATION OF OWNERSHIP
The items delivered remain the property of a|Novation until the full payment has been made.
5. PRICES AND DELIVERY COSTS
5.1 All prices listed in the online shop include statutory VAT. For customers in Switzerland, invoices do not include VAT.
5.2 DThe total price declared in the offer including VAT at a rate of 19% and delivery costs does not include any import duties, taxes or fees (hereinafter referred to as “Levies”). It is the customer’s responsibility to find out whether there will be any levies before purchasing the items, e.g. from the customs authorities. Levies are generally charged by delivery and freight companies for the delivery or collection of the items. Novation is not obliged to determine whether a purchase will incur any levies or to collect, discharge or quote such taxes.
5.3 The applicable delivery costs will be given to the customer during the order process at the latest and are to be paid by the customer, provided they do not exercise their right to cancellation. If the customer spends more than EUR 39.00, the supplier delivers the items free of charge.
5.4 Items are delivered by post. The delivery risk lies with a|Novation if the customer is a consumer.
6. PAYMENT METHODS
6.1 The customer may pay in advance via transfer to our bank account, by PayPal, Paydirekt or with a credit card. Payment by invoice is not possible.
6.1.1 If pre-payment is selected, a|Novation will provide the customer with the company's bank details in the order confirmation and deliver the items once the payment has been received. If a payment is being made by credit card, Novation will authorise the payment from the customer’s account after it has been ordered under the conditions described in section 3.
6.1.2 If the customer chooses to use a payment provider such as PayPal or Paydirekt, they must have or create an account, log in with their details and confirm the payment to a|Novation. Further information is provided during the order process.
6.2 The customer may change the saved payment method in their user account at any time.
7. DEFECT GUARANTEE, WARANTY
7.1 a|Novation is liable for defects according to the applicable legal regulations, particularly §§ 434 ff. German Civil Code (BGB).
7.2 An additional warranty only exists for items delivered by a|Novation if it is specifically expressed for each item in the order confirmation.
8.1 Claims by the customer for damage compensation are excluded. Exceptions to this are claims to compensation due to injury to life, limb or health, the violation of essential contractual obligations (cardinal duties) or liability for other damages caused with intent or by gross negligence on the part of a|Novation, its legal representatives or agents. Essential contractual obligations are those that are required to meet the conditions of the contract.
8.2 Upon the violation of essential contractual obligations, a|Novation is only responsible for predictable damages typical of the contract if they are due to gross negligence, unless the customer’s claim is based on injury to life, limb or health.
8.3 The limitations listed in sections 8.1 and 8.2 can also benefit the legal representatives and agents of a|Novation if claims are made against them directly.
8.4 Mandatory legal liability, e.g. based on the Product Liability Act, remains unaffected.
9. CANCELLATION POLICY; SAMPLE CANCELLATION FORM
9.1 When concluding a long-distance transaction, consumers have a basic legal right to cancellation, which a|Novation will now inform you about using a legal sample form. Exceptions to the right to cancellation are given in section 9.2. You can find a sample cancellation form in section 9.3.
RIGHT TO CANCELLATION
You have the right to cancel this contract within fourteen days with no obligation to provide a reason. The cancellation period lasts fourteen days from the day you or a specified third party who is not a consignor obtained the items. To exercise your right to cancellation, you must inform us of your decision to cancel this contract at:
a Novation cosmetics GmbH
D 44795 Bochum
Fon: +49 (0) 234 91 22 11 10
You must send us an explicit declaration, for example by post, fax or e-mail, of your decision to cancel the contract. For this, you may use the attached sample cancellation form, however this is not a requirement. With regard to the cancellation deadline, you must simply send your intention to exercise your right to cancellation before the cancellation deadline.
If you cancel this contract, we will immediately refund all payments that we have received, including delivery costs (except for additional costs in the event that our standard, cheaper delivery offer was not used), immediately and not later than fourteen days from the day we receive your decision to cancel the contract. For this refund, we use the same payment method that you used for the original transaction, unless other arrangements have been expressly agreed on; under no circumstances will you be charged for this refund.
We can refuse this refund until the items have been returned to us or you can provide proof that the items have been sent back, depending on which comes first. You have no more than fourteen days from the day you inform us of the cancellation of the contract to return the items to us. The deadline is met provided you have sent the items within the fourteen days.
We will pay for the items to be returned. You must pay for any loss in value if, upon inspection of the condition, features and functionality of the items, any defects can be traced back to you.
9.2 The right to cancellation exists provided that the parties have not made any other agreements, including:
- Contracts on the delivery of items that have not been prefabricated and the production of which requires an individual selection or instruction by the consumer, or which are clearly tailored to the personal needs of the consumer;
- Contracts on the delivery of sealed items, which cannot be returned for health and hygiene reasons, if the seal has been removed after delivery;
9.3 Provided here is a sample cancellation form as legally required:
SAMPLE CANCELLATION FORM
(If you wish to cancel the contract, please fill out this form and return it to us.)
An: a Novation cosmetics GmbH
I/we (*) hereby cancel the contract that I/we (*) concluded on the purchase of the following items (*)/the delivery of the following service (*)
— Ordered on (*)
— Received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature(s) of the consumer(s) (only when a hard copy is being sent)
(*) Delete as applicable
10. CUSTOMER SERVICE
The customer can contact a|Novation’s customer service from Monday to Friday between 9 am and 5 pm by e-mail at: email@example.com.
If your cancellation is accepted or the item is defective, you can return the item to a|Novation free of charge. To return your item free of charge, we have a returns label available for you to use. Please contact our service team by calling +49 (0) 611 72 38 41 71 or sending an e-mail to firstname.lastname@example.org. Stick the label to the parcel containing the item being returned and post it at a post office. As soon as we have received the item, you will receive either credit or a replacement, depending on whether the item was defective or you have cancelled the contract.
12. APPLICABLE LAW; PLACE OF JURISDICTION
12.1 For contracts between a|Novation and the customer, the law of the Federal Republic of Germany applies, with the exception of the UN Convention on Contracts for the International Sale of Goods, provided that the customer is entitled to protection granted according to mandatory conditions from the state in which they permanently reside.
12.2 If the customer has no general place of jurisdiction in Germany or another EU member state, or if the customer’s place of residence is unknown at the commencement of proceedings, the exclusive place of jurisdiction for all legal disputes from this contract is the place of business of Novation in Bochum, Federal Republic of Germany.
13. EU DISPUTE RESOLUTION
The European Commission has created an internet platform for resolving disputes online. The platform serves as a starting point for alternatively resolving disputes regarding contractual obligations that arise from online purchasing agreements. Further information can be found at the following link:http://ec.europa.eu/consumers/odr. a|Novation is neither obliged nor prepared to take part in a dispute resolution process in front of a consumer arbitration service. The e-mail address of a|Novation can be found above in section 1.1 or in the legal notice.