General Terms and Conditions
Section 1 Scope
The business relationships between Barbara Sturm Molecular Cosmetics GmbH - hereinafter referred to as „BSMC“ - and the buyer shall be subject exclusively to the version of the following General Terms and Conditions applicable at the time the order is placed. Conflicting terms of business or purchase of the buyer shall only be deemed recognized if this has been explicitly agreed in writing.
Section 2 Conclusion of contract
By sending an order via the website the buyer makes a binding offer to BSMC to conclude a purchase agreement. If you place an order with BSMC we will send you an e-mail confirming receipt by us of your oder and the order details (confirmation of order). This confirmation of order shall not be deemed acceptance of your offer but shall merely inform you that we have received your order. A purchase agreement shall only then be concluded when we send the ordered product to you and confirm shipment to you in a second e-mail (shipping confirmation). No purchase contract shall be concluded regarding products from one and the same order which are not stated in the confirmation of shipment.
BSMC does not offer any products for purchase to minors. Products inteded for children may likewise be only purchased by adults. Your order also functions as assurance that you are of legal age. We accept no liability for orders for our product placed by minors.
Section 3 Right to cancel within 14 days; exclusion of the right to cancel Notification of right to cancel, Right to cancel
You can revoke your contractual declaration without stating grounds within 14 days in text form (e.g. letter, fax, e-mail) or - if the item is transferred to you before expiry of this period - by returning the goods.
The period begins after receiving this formal advice in text form but not prior to receipt of the goods by the recipient (in the case of the recurring delivery of similar goods, not prior to receipt of the first part delivery) nor prior to fullfillment of our informaiton duties pursuant to Article 246 Section 2 in connection with Section 1 (1) and (2) of the Introductory Law to the German Civil Code (EGBGB) and our duties under Section 312 g (1) Sentence 1 of the German Civil Code (BGB) in connection with Article 246 Section 3 of the Introductory Law to the German Civil Code (EGBGB). The period will be deemed as having been observed if notification is sent or the delivered goods are returned within this period.
Notification of cancellation must be sent to:
Barbara Sturm Molecular Cosmetics GmbH
Königsallee 53 – 55, 40212 Düsseldorf
Consequences of cancellation
If the contract is successfully cancelled, the delivered goods and any payments received will be returned to the relevant party to the contract and any benefits inevitably associated with the same (such as interest) surrendered. In the event that you are not able to return all or part of the goods delivered to you or benefits (such as benefits of use) drawn from such goods or if you return or are required to surrender the delivered goods in damaged condition, you will be obliged to pay a certain amount of compensation. This may mean that you may indeed be required to meet the contractual payment obligations for the period up to the cancellation. You shall only be required to provide compensation for deterioration of itmes and for associated benefits if such use or deterioration is due to use of the item which goes beyond the inspection of its properties and function. "Inspection of its properties and function" shall mean testing and trying out the goods in question in the way in which this is possible and customary in a conventional shop.
Goods that can be sent by parcel post can be returned to us at our own risk. You will be liable for the standard costs of the return delivery if the delivered goods correspond with the goods as ordered and if the price of the returned goods is less than 40 euros or, in the case of more expensive items, if you had not made payment or contractually agreed part payment for the items at the time of you cancellation. In all orther cases return delivery may be made by you at no charge. Goods that cannot be sent by parcel post shall be collected from you. Obligations to reimburse payments must be honored within 30 days. The period begins for you on dispatch of the item or your declaration of revocation; the period begins for us on receipt of the same.
Section 4 Agreement on return delivery costs
Agreement on assignment of costs:
If you make use of your right to cancel you will be liable for the standard costs for the return delivery if the delivered goods correspond with the goods as ordered and if the price of the returned goods is less than 40 euros or, in the case of more expensive items, if you had not made payment or contractually agreed part payment for the items at the time of your cancellation. In all other cases return delivery may be made by you at no charge.
Section 5 Delivery
Unless otherwise agreed, delivery shall be made to the delivery address provided by the buyer. Information about the availability of products which are sold directly by BSMC can be found on the website (e.g. on the relevant product details page).
If it is not possible to make delivery to the buyer because the delivered goods do not fit through the buyer's entrance door, front door or stairwell exit or beacuse the buyer cannot be found at the stated delivery address despite the delivery deadline having been notified to the buyer with reasonable advance notice, the buyer shall bear the costs for failure to make delivery. Unless specified otherwise, shipping costs shall be payable for the shipment of the ordered goods. Shipping costs within Germany are 5.95 euros.
Section 6 Due date and payment, default
The buyer may settle the purchase price by credit card (Master/Visa/American Express), PayPal or in advance. BSMC retains the right not to offer specific forms of payment in particular cases. In the event that the buyer falls into default in payment, BSMC will be entitled to charge interest on arrears at an annual rate of 5% above the base rate of the European Central Bank. If BSMC demonstrably incurs higher costs as a result of default, BSMC shall be entitled to charge these to the buyer.
Section 7 Offsetting, retention
The buyer shall only be entitled to offset against counterclaims which have been recognized by non-appealable declaratory judgment or which are not disputed by BSMC. Moreover, the buyer shall only be entitled to exercise the right to retain if the former's counterclaims arise from the same contractual relationship.
Section 8 Price
Unless otherwise explicitly stated, the prices stated by BSMC are inclusive of statutory value-added tax.
Section 9 Retention of title
Until full payment has been made the delivered goods shall remain the property of BSMC.
Section 10 Liability for defects
The right to cancel your order shall not affect your rights as buyer under statutory warranty provisions. If any goods bought from us prove to have defects of any kind, your claims as the buyer will become statute barred within two years of delivery of the goods. In the event that purchased items are defective, you shall - at your discretion - be entitled to assert statutory claims to subsequent performance, rectification/new delivery and - where special statutory conditions are met - more extensive claims to reduction in price or withdrawal and damages, including compensation for damages in lieu of performance and compensation for your abortive expenditure. Please keep the invoice delivered with the goods as evidence of purchase. If subsequent performance is provided in the form of replacement delivery, the buyer shall be required to return the goods delivered first to BSMC within 30 days at the cost of BSMC. Defective goods shall be returned in compliance with statutory provisions. BSMC retains the right to assert compensation claims where statutory preconditions apply. BSMC shall bear unlimited liability in those cases in which damages are incurred owing to willful intent or gross negligence.
BSMC shall also be liable for breach of major terms of the contract as a result of slight negligence where such breach would jeopardize fulfillment of the purpose of the contract or for breach of duties which must be fulfilled to enable the contract to be properly performed at all and which it would normally be reasonable to expect compliance with. In this case BSMC's liability shall, however, be limited to reasonably forseeable damages which are intrinsic to the contract. BSMC shall not be liable for breach of duties other than those referred to above as a result of slight negligence.
The limited liability provisions referred to above shall not apply to injuries to life, limb and health, to defects occurring after acceptance of a guarantee for the warranted characteristics of the product of in instances of fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. To the extent that the liability of BSMC is excluded or limited, this shall also apply to the personal liability of our employees, representatives and agents in performance.
Section 11 Applicable law
Deliveries made in Germany shall be subject to German law.
Section 12 Legal venue
BSMC's legal venue is Düsseldorf.