Terms of service
- These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, the
Managing Director: Banu Dursun-Pitzer
AG München HRB 266604
- The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
- All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
- The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
- Deviating terms and conditions of the customer will not be accepted unless we expressly agree to their validity in writing.
- The presentation and advertising of articles in our online store does not constitute a binding offer to conclude a purchase contract.
- By submitting an order via the online store by clicking the button "Order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to § 3 remains unaffected.
- We will immediately confirm receipt of your order placed via our online store by e-mail. If we already declare the order confirmation with this e-mail, this simultaneously represents the acceptance of the contract. In all other cases, the contract is only concluded when we send the order confirmation with a separate e-mail, or by shipping the ordered goods.
Delivery, availability of goods
- Delivery times stated by us are calculated from the time of our order confirmation. If no or no deviating delivery time is specified for the respective goods in our online store, it is 1-5 business days.
- As far as this is reasonable for you, we are entitled to partial deliveries.
- If at the time of the order temporarily no copies of the ordered product are available, we will inform you in the order confirmation.
- If an ordered item is not available because we are not supplied by our supplier through no fault of our own despite his contractual obligation, we are entitled to withdraw from the contract. In this case, you will be informed immediately that the ordered goods are no longer available and any services already rendered will be refunded immediately.
- Self-collection is not possible for logistical reasons.
Right of withdrawal
- If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
- If you, as a consumer, make use of your right of revocation in accordance with section 1, you shall bear the regular costs of the return shipment.
- In all other respects the regulations apply to the right of revocation, which are reproduced in detail in the following
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, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must send us [PERI Cosmetics GmbH, Leo-Putz-Weg 4, 82131 Gauting, phone: +49896931384-0, e-mail: email@example.com] by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can download the sample cancellation form or on our website (www.pericosmetics.com) and send it to us subsequently filled out by e-mail or letter. If you make use of this option, we will send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will 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 condition, properties and functioning of the goods.
In order to exercise your right of withdrawal, the products must meet the following requirements:
- The products as well as their outer packaging must not have been opened.
- The products must retain their original appearance. This means that labels, stickers, outer packaging, inserts must be in pristine and undamaged condition.
- Products must be returned in their original packaging.
In case of tampering with the outer packaging and the products, the right of return will expire and the goods will be sent to the customer by paying a new shipping fee. If this payment is not made within fourteen days, the right to reshipment expires, as well as the claim to ownership of the product.
- End of the cancellation policy -
- The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs.
§5 Prices and shipping costs
- All prices in our online store are gross prices including the statutory VAT and are exclusive of shipping costs.
- The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
- If we fulfill your order according to § 3 (2) by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
- If you order from us as a consumer, we bear the shipping risk.
§6 Discounts and coupons
- Vouchers have a validity of fifty years from the date of issue.
- Promotions and discount vouchers cannot be combined with other promotions / vouchers.
- Our discount promotions / vouchers can only be redeemed once per order.
- A cash payment or subsequent offsetting of a voucher with previous orders is not possible.
§7 Payment modalities
- You can choose to transfer the purchase price and shipping costs to our account specified in the online store, give us a direct debit authorization or pay by PayPal, EC / Maestro or credit card. In the case of a granted direct debit authorization or payment by EC-/Maestro- or credit card, we will initiate the debit of your account at the earliest at the time regulated in para. 1. A granted direct debit authorization is also valid for further orders until revoked.
- You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. Furthermore, you are entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
- As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
We shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
- We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
- In other cases, we shall be liable - unless otherwise stipulated in (3) - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in (3).
- Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
We have copyrights to all pictures, films and texts published in our online store. A use of the pictures, films and texts, is not permitted without our express agreement.
§10 The final provisions
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence at the time of your order in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
- If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be our registered office in Gauting. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
- Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is the Universalschlichtungsstelle des Bundes - Zentrum für Schlichtung e. V. Straßburger Straße 8, 77694 Kehl am Rhein,verbraucher-schlichter.de.