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General Terms and Conditions

A. GENERAL TERMS AND CONDITIONS
 1. Scope
 2. Conclusion of contract
 3. Pricing
 4. Shipping costs
 5. Delivery and shipping terms
 6. Payment terms
 7. Retention of title
 8. Right of cancellation
 8a. Costs of return shipping upon exercise of the right of cancellation
 9. Liability for defects
 10. Applicable law, contractual language
 11. Concluding provisions

B. CUSTOMER INFORMATION
 1. Information regarding the identity of the Seller
 2. Information regarding the key characteristics of the goods
 3. Information regarding the conclusion of the Agreement
 4. Information regarding payment and delivery
 5. Information regarding the technical steps leading to conclusion of the Agreement
 6. Information regarding storage of the text of the Agreement
 7. Information regarding the technical means used to identify and correct input errors
 8. Information regarding the languages available for conclusion of the Agreement


A. General Terms and Conditions
1. Scope
1.1 These General Terms and Conditions shall apply to all orders placed by a consumer (hereinafter: Customer) via the Online Shop of Gertraud Gruber Kosmetik GmbH & Co. KG, Südliche Hauptstr. 37, 83700 Rottach-Egern am Tegernsee, Germany (hereinafter: Seller). Unless otherwise agreed, incorporation of the Customer’s own terms and conditions is hereby rejected.
1.2 Unless otherwise expressly stipulated, these General Terms and Conditions shall apply accordingly to the purchase of vouchers.
1.3 A Consumer within the meaning of these General Terms and Conditions is understood to be any natural person who concludes a legal transaction for purposes not primarily attributable either to that person’s commercial or independent professional activity.


2. Conclusion of contract
2.1 Orders may only be placed by persons of legal age. Goods may only be purchased in standard household quantities.
2.1 The product descriptions presented in the Seller’s Online Shop shall not constitute binding offers on the part of the Seller but shall merely serve the purpose of facilitating the Customer’s submission of a binding offer.
2.2 The Customer may submit such an offer by using the online order form integrated in the Seller’s Online Shop. By entering his or her personal data and clicking the button marked ‘Commit to Purchase’ to conclude the order process, the Customer issues a legally binding offer to enter into an agreement relative to the goods and/or services contained in the shopping basket. The Customer may also submit the offer to the Seller via e-mail or telephone. Immediately after the offer has been received, an e-mail is automatically issued to acknowledge receipt of the order; this confirmation shall not yet constitute acceptance of the contract.
2.3 The Seller shall have three working days’ time within which to accept the Customer's offer
2.4 The period for offer acceptance shall commence the day following the Customer’s submission of the offer.
2.5 If the order confirmation should contain typographical or printing errors, or if the indication of pricing is subject to technical errors of transmission, the Seller shall be entitled to challenge the Agreement, in which case the Seller shall be required to demonstrate the error to the Customer.
2.6 Order processing and the establishment of contact are typically done via e-mail and automated order processing. The Customer shall ensure that the e-mail address it has indicated for purposes of order processing is correct, so that e-mails sent by the Seller can be received at this address. Particularly where SPAM filters are in use, the Customer shall ensure that all e-mails sent by the Seller, or by third parties commissioned by the Seller for order-processing purposes, are deliverable.


3. Pricing
3.1 The Seller’s prices as shown are total prices and include VAT as provided for by law. Any additional costs for shipping and delivery shall be disclosed separately in the respective product description. The currency is the euro.
3.2 In the individual case, deliveries to countries outside of the European Union may be subject to additional costs to the Customer that are beyond the Seller’s control. These include, for example, costs for bank transfers of funds (e.g. transfer fees, fees for currency exchange), as well as import duties or taxes (e.g. customs duties).


4. Shipping costs
4.1 Shipping costs are generally incurred for the delivery of goods; the amount of these costs is a function of the scope of the order and the place of delivery. Shipping costs are displayed in the respective product description and again prior to completing the ordering process.
4.2 The Seller shall deliver at no shipping cost to addresses within Germany for orders valued at EUR 40 or more.
4.3 If payment is made ‘cash on delivery’, the parcel service shall charge an additional fee of EUR 2.00 upon delivery.

5. Delivery and shipping terms
5.1 Ordinarily, goods are delivered on dispatch routes, addressed to the delivery address provided by the Customer. The transaction shall be processed based on the delivery address provided during the Seller’s order processing.
5.2 Deliveries shall be made only within Germany and to Austria by means of transport firm DHL.
5.3 Deliveries shall be made within 5 days. The deadline for delivery shall commence upon advance payment the day after the payment order has been issued to the transferring bank – or, in the event of cash on delivery or purchase on account, the day after the conclusion of the Agreement – and shall end on the fifth day following this. Should the final day of the delivery period fall on a Saturday, Sunday, or local public holiday at the place of delivery, such a day shall be substituted by the next working day.
5.4 If not all products ordered are in stock, the Seller shall have the right to make partial deliveries at its expense if to do so is not unreasonable for the Customer.
5.5 If the transport firm should return the dispatched goods to the Seller because it was not possible to deliver the goods to the Customer, the Customer shall bear the cost of the failed attempt to deliver. This shall not apply if the Customer simultaneously exercises or has already exercised his or her right of cancellation. Moreover, this shall not apply if the Customer is not responsible for such circumstances as have made delivery impossible, or if he or she was temporarily prevented from accepting the performance offered, unless the Seller had given the Customer reasonable advance notice of such performance.
5.6 Collection of the goods by the Customer is not possible for logistical reasons.
5.7 If the product ordered is not available because the Seller, through no fault of its own, has not been supplied with this product by its vendors, the Seller may cancel the Agreement. In this case, the Seller shall notify the Customer of this without delay, proposing, where appropriate, delivery of a comparable product. If no comparable product is available, or if the Customer does not opt for delivery of a comparable product, then the Seller shall refund to the Customer, without delay, any consideration already rendered.


6. Payment terms
6.1 The Customer shall have several payment options available, as shown in the Seller’s Online Shop, to include advance payment, invoice, credit card, PayPal or direct debit.
6.2 If advance payment is the method selected, the Seller shall indicate its bank details to the Customer in the order confirmation. The invoice amount shall be remitted to the account indicated within 7 days’ time. If credit card is the method selected, the account shall be debited when the goods are shipped.
6.3 You may pay by PayPal/Heidelpay. PayPal is an online payment service you can use to pay for your purchases quickly and easily. To use it, the Customer must have opened a PayPal account (at www.paypal.com) and linked it to his or her bank account or credit card. If you choose PayPal as your payment method, follow the instructions as presented in the Gertraud Gruber Online Shop. Prior to final completion of your order in the Gertraud Gruber Online Shop, in a separate window will appear in which PayPal prompts you to initiate payment. As soon as PayPal notifies us of receipt of payment, the ordered goods can be delivered to you.
6.4 If the Customer should be in payment arrears, during the period of arrears the purchase price shall be subject to interest at an amount equal to 5 percentage points in excess of the base interest rate. The Seller reserves the right to demonstrate and claim a higher amount for damages due to arrears.
6.5 In the case of payment by direct debit, the Customer shall bear any costs arising due to chargeback of a payment transaction for lack of sufficient funds in his or her account, or owing to incorrectly transmitted bank details.


7. Retention of title
The goods shall remain the property of the Seller pending payment in full of the purchase price owed. Prior to transfer of ownership to the Customer, no pledge, chattel mortgage, processing, commingling, amalgamation or transformation shall be permitted without the Seller’s consent.


8. Right of cancellation
8.1 Consumers shall have fourteen days’ time in which to cancel their orders.

Cancellation policy
Right of cancellation
You have the right to cancel this Agreement within fourteen days without specifying any reasons. The cancellation period shall be fourteen days from the date on which you, or a third party authorised by you, other than the carrier, take(s) possession of the goods.
In order to exercise your right of cancellation, you must communicate to us, e.g. via a letter sent in the post, a fax or an e-mail addressed to:
Gertraud Gruber Kosmetik GmbH & Co. KG
Südliche Hauptstraße 37
83700 Rottach-Egern, Germany
Telephone: +49 (0)8022-2798-0
Telefax: +49 (0)8022-2798-70
b2corder@gruber-kosmetik.de

a statement clearly indicating your decision to cancel this Agreement.
You may also download and submit the Cancellation Form available on our website. If you avail yourself of this option, we shall send you a confirmation of receipt of such a cancellation (e.g. by e-mail) without delay.
To comply with the cancellation period, it is sufficient for you to send the notification to exercise your right of cancellation prior to the cancellation deadline.

Consequences of cancellation
If you choose to cancel this Agreement, we must refund all payments we have received from you without delay, including shipping costs (with the exception of additional costs incurred where the shipping method selected differs from the most cost-efficient standard delivery we offer), not later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For purposes of this refund, we shall use the same payment method you used in the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees in light of this refund. We may refuse repayment until we have received the returned goods, or until you have provided proof that you have returned the goods (whichever is first).
You must return or hand over the goods to us immediately and within fourteen days at the latest from the day you informed us of the cancellation of this Agreement. The deadline shall be deemed to have been met if you send the goods prior to the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
The right of cancellation shall not apply if cosmetic products have been delivered that, for reasons of health protection or hygiene, are not suitable for returning if their seal was removed or the product container was opened subsequent to delivery.


8a. Costs of return shipping upon exercise of the right of cancellation
The Customer shall bear the direct costs of returning the goods.
9. Liability for defects
The statutory provisions applicable to liability for defects shall apply.
10. Applicable law, contractual language
10.1 The laws of the Federal Republic of Germany shall apply to legal relationships between the Parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection provided is revoked by mandatory provisions of the law of the state in which the consumer has his or her usual place of residence.
10.2 The contractual language applicable hereto shall be German.
11. Concluding provision
If any provision of these General Terms and Conditions should be invalid, the remainder of the Agreement shall retain its validity. The relevant legal regulations shall apply in lieu of the invalid provision.


B. Customer information
1. Information regarding the identity of the Seller
Gertraud Gruber Kosmetik GmbH & Co. KG Südliche Hauptstr. 37
83700 Rottach-Egern am Tegernsee Germany
Contact:
Telephone: +49 (0)8022 - 27980
Telefax: +49 (0)8022 - 279871
E-mail: info@gruber-kosmetik.de
Internet: www.gertraud-gruber.com

VAT ID no: 177561650

Commercial Register: Munich District Court / Court of Registry Register no HRA70804

General Partner:
Gertraud Gruber Kosmetik Verwaltungs GmbH Munich
District Court / Court of Registry
Register no HRA111781
Management: Heike Lindörfer


2. Information regarding the key characteristics of the goods
The key characteristics of the goods in question shall be those that emerge from the respective product description. These will be presented once again in summary form prior to completion of the order process.
3. Information regarding the conclusion of the Agreement
The Agreement shall take effect in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4. Information regarding payment and delivery
Payment shall be made in accordance with Section 6 of the Seller’s General Terms and Conditions (see above) in conjunction with the indications of payment options as set forth in the Seller’s Online Shop. Deliveries shall be made in accordance with Section 5 of the Seller’s General Terms and Conditions (see above).
5. Information regarding the technical steps leading to conclusion of the Agreement
5.1 In order to submit an offer using the Seller’s online order form, the Customer shall go through the following technical steps:
5.1.1 Place the desired item in the virtual shopping basket.
5.1.2 Register in the Online Shop by entering a user ID and password or – if no customer account exists yet – by registering with or without opening a customer account.
5.1.3 Enter the billing and shipping address(es).
5.1.4 Select the desired payment method. 5.1.5 Select the desired shipping method.
5.1.6 Review the summarised order data.
5.1.7 Submit the order.
5.2 Acceptance by the Seller is granted in accordance with Section 2.3 of the Seller’s General Terms and Conditions (see above).

6. Information regarding storage of the text of the Agreement
When using the Seller’s online order form to submit an offer, the text of the Agreement shall be stored by the Seller and forwarded to the Customer in text form (e.g. e-mail, fax or letter) after submitting his or her order, together with these General Terms and Conditions and the Customer’s information. In addition, the text of the Agreement will be archived on the Seller’s website where it can be accessed free of charge by the Customer using his or her password-protected customer account by providing the relevant login data, provided that the Customer has created an account in the Seller’s Online Shop prior to submitting his or her order.

7. Information regarding the technical means used to identify and correct input errors
Before submitting a binding order via the Seller’s online order form, the Customer may correct any of the data entered on an ongoing basis using the standard keyboard and mouse functions. Moreover, prior to submission of the binding order, all of the information entered will be displayed once more in a confirmation window; there, too, these data can be corrected using the standard keyboard and mouse functions. At each step of the order, a ‘Back’ button will be displayed in the Online Shop; the Customer can click this button to return to the previous steps of the order and correct any of the entries made.

8. Information regarding the languages available for conclusion of the Agreement
The Agreement shall be concluded exclusively in the German language.

9. Information regarding liability for defects
The statutory provisions applicable to liability for defects shall apply.








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Contact

Gertraud Gruber Kosmetik GmbH & Co. KG
Südliche Hauptstr. 37
83700 Rottach-Egern am Tegernsee
Deutschland / Germany
Email: export@gertraud-gruber.com

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