Terms and Customer Information
Status: June 2015
These terms and conditions apply to the dispatch of goods to consumers within Germany, Switzerland, Austria, Andorra, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Latvia, Canada, Croatia, Liechtenstein, Lithuania, Luxembourg, Malta , Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Hungary, USA and Cyprus.
The Natureskin GmbH, represented by the managing directors Dr. Marion Wurm and Dr. Nora Schützeberg, operates at the Internet address www.natureskin.com and www.natureskin.ch an online shop. It offeres beauty products, gifts and accessories.
2 Completion of a contract
2.1 Your contractual partner is:
If you have questions, requests or complaints, you can contact us. On weekdays we are attainable from 9.00 until 17.00 o`clock under the telephone number +41 76 448 3010 or +49 178 28 77401 for you. E-mails to firstname.lastname@example.org are usually answered the same day or the next business day.
2.2 The presentation of our goods in the online shop does not yet offer to conclude a contract. With your order you make us a binding purchase offer. A purchase contract is concluded by our acceptance of your offer, either by delivery of the goods or by an immediate order confirmation sent to you. If you receive a confirmation of receipt of your order from us, this does not already constitute the acceptance of your contractual offer.
When ordering through our online store the ordering process includes a total of five steps. In the first step, select the desired goods. In the second step you enter your customer information, including billing address and, where appropriate, deviating delivery address. In the third step, you confirm the shipment. In the fourth step, you choose how you want to pay. In the last step you have the opportunity to check again and correct, if necessary, all information (e.g. name, address, method of payment, items ordered) before you place your order by clicking on “buy” and sending it to us. You will then receive an order confirmation with all order data.
3 Revocation / Withdrawal Legal Advice
Withdrawal (right of withdrawal)
You can cancel your contract stating clear reasons in written form (e.g. email) or within 14 days – if the goods are delivered before the deadline – revoke by returning the goods. The period begins upon receipt of this notification in written form, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we fulfill our obligations under §§ 5 c ff. KSchG. To keep the revocation term, it is sufficient to send the revocation or the goods. The revocation must be sent to: Natureskin GmbH, Gumelenstrasse 9, CH-8810 Horgen, or email email@example.com.
Consequences of revocation / cancellation consequences
In the case of an effective cancellation the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If you cannot return them or only partly return them or return them only in deteriorated condition, you have to pay us compensation. For the deterioration and for derived benefits, you must pay compensation only to the extent where the deterioration is due to a deal with the matter that exceeds testing the properties and functioning. “Testing the properties and functioning” means the testing and trying out of the goods as it is possible and customary in a shop.
Dispatchable goods are returned at our risk. You have to bear the cost of returning. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception of the goods.
More see below regarding cancellation and reimbursement, and liability management and liability under 10.
End of withdrawal (right of withdrawal instruction)
4 Prices / Shipping Costs / Payment
4.1 The in the online shop mentioned prices are final prices in Euro / CHF inclusive of the prevailing tax and if applicable plus shipping costs as listed below. For deliveries within the EU- besides Germany- , calculation is done without VAT. For deliveries to European countries – besides Germany- or non-EU countries additional country-specific import duties, customs clearance fees, if necessary, and possibly import taxes may apply. The amount of fees depends on the country of delivery. Please inquire about these fees at your customs office on site. These charges are to be borne by the customer. The delivery is done as a “ delivery at place ( DAP)”, this means the country- specific VAT and the custom fees are to be paid by the customer at reception of the goods.
From a value of € 150.00 we deliver free of charge. Under a commodity value of € 150,00 following shipping fees apply:
Delivery charge for postage and packing within Germany: € 3,90. Delivery charge for postage and packing within Switzerland: CHF 7.
Delivery charge for postage and packing within Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus € 6.00.
Delivery charge for postage and packing within Liechtenstein, Norway, Andorra, San Marino, Serbia and Croatia: € 8,00.
We ship by German Post, Swiss Post and DHL.
4.2 Payments are possible by credit card, Pay Pal or bank transfer in advance, by invoice only in Germany and Switzerland after previous request by e- mail. We accept the following credit cards: Visa and MasterCard. The credit card number is transmitted over an encrypted SSL connection. Transfer in advance or invoice to bottom cited account. The dispatch takes place after receipt of payment to our account and should take place within 10 days of receipt of goods.
Bank details: Zürcher Kantonalbank ZKB
Recipient: Natureskin GmbH
4.3 If you use your right of withdrawal, you have to bear the cost of returning the goods if the delivered goods correspond the ordered ones.
5 Delivery / unavailability
5.1 We ship within two to three business days after receiving the confirmation of receipt of payment by our bank account or our bank. In general, the delivery will take 2- 3 working days for deliveries within Germany and 5-10 working days for deliveries to other countries in the EU, Switzerland, Liechtenstein, Norway, Andorra, San Marino, Serbia and Croatia.
5.2 Our online shop operates in real time and is updated continuously. Nevertheless, it can happen for various reasons that we do not have a product in stock. In this case, you receive a message from us and get your money promptly returned or a corresponding credit to your credit card. When writing or calculation errors occur, we are also entitled to cancel the purchase agreement.
5.3 We assume all risk for damage or loss of goods in transit to you. We ask you, in case of incomplete delivery or damage in transit to notification within 24 hours. However, the non-compliance with this request does not limit your legal rights.
The warranty is based on the statutory provisions.
At initiation, completion, management and rescission of a purchase contract, data is collected, stored and processed in accordance with legal provisions.
When you visit our Internet site, the IP currently used by your PC – address, date and time, the type of browser and operating system of your PC and the pages viewed by you are logged. However, conclusions about personal data are for us not possible and also not intended.
The personal data you provide to us as ordering or sending an e-mail (e.g., your name and contact details) will be processed only for correspondence with you and only for the purpose for which you have provided us with the data available. In case you have agreed to the sending of a Natureskin newsletter, you can unsubscribe at any time, of course, by notifying us.
We share your information only with the shipping company to the extent necessary to deliver the goods. For the settlement of payments your payment data is given to the credit institution responsible for payment. We assure you that we will not pass your personal information to third parties, moreover, unless we are legally obligated or you have expressly consented. If we take for the implementation and execution of manufacturing processes services of third parties, the provisions of the Data Protection Act are complied with.
Duration of storage: Personal data which have been communicated to us through our website will only be stored until the purpose is fulfilled, for which they have been entrusted to us. As far as trade and tax retention periods are observed, the duration of the storage of certain data may be up to 10 years.
Should you no longer agree with the storage of your personal data, or these became incorrect, we will arrange the deletion, correction or blocking of your data. You can request free information about all personal information that we hold about you. For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data please contact: Natureskin GmbH, Gumelenstrasse 9, CH-8810 Horgen, or Natureskin GmbH, Aurikelstrasse 8, D- 82031 Grünwald , email firstname.lastname@example.org.
Links to other websites:
As far as we refer from our Internet site to other websites or link to other websites, we cannot accept any responsibility or liability for the accuracy or completeness of the contents and the data security of these sites. As we have no influence on compliance with data protection regulations by third parties, you should consider separately the privacy statements of these web sites. See also imprint.
8 Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies. This choice of law applies to a consumer only in so far as thereby be no compelling legal provisions restricted of the country in which he is domiciled or habitually resident. If the customer is not a consumer, agreed place of jurisdiction is Horgen, Switzerland or Grünwald, Germany.
9 Severability clause
The contract remains binding even if individual provisions are legally ineffective. This does not apply if adherence to the contract would represent an unreasonable hardship for one party.
10 Cancellation and reimbursement, as well as warranty and liability
In the event that the customer is consumer, he has the right to revoke his declaration of intent of the contract formation.
The revocation period begins with receipt of the goods and these instructions. To meet the deadline, the send a notice by letter, fax, email or the goods. This can be done only with a clear justification.
You will find the addresses for returns on your shipping documents.
Not prepaid returns without stamp cannot be accepted. Please do not send them back without postage paid. You have to bear the cost of returning, if the goods delivered correspond the goods ordered.
Reimbursement will be made in accordance with the standard rates of our delivery partners. Express – or bulky surcharges or surcharges by any special costs cannot be refunded.
If the returned goods has deteriorated from putting into use, the customer is obliged to a compensation. However, the customer has the right to check the goods carefully and with due diligence (as would have been possible in a retail store). A possible loss of value of the goods has to be compensated by the customer, if the goods can no longer be sold as new.
Opened packages cannot be returned.
Warranty and liability
We grant the statutory warranty on all products delivered. When selecting our products we have placed great emphasis on quality. If the goods delivered have obvious defects, and that includes shipping damage or manufacturing faults, please complain immediately and contact our customer service.
Transport damage has to be marked down when goods received directly from our forwarder (DHL, Deutsche Post and others).
Complaints can only be accepted and processed with proof of purchase. Hidden defects must be reported immediately after their discovery. It is reserved for us to repair the defective goods or to provide free replacement. The cost of transporting the goods to us and from us to the customer shall be borne by us in case of legitimate complaints.
In the particular legal conditions apply to occurring during the statutory warranty defects the further claims to decrease or resignation as well as for damages, including compensation for damages instead of fulfillment and compensation for futile expenditure.
We assume full responsibility for any damage caused in the following cases: culpable violation of contractual obligations, negligence of simple vicarious agents, unless the Natureskin GmbH can be excempted according to long- standing practices. The liability extends to the typically foreseeable damage. Should the customer meet contributory negligence, this is this to be counted. This does not affect liability due to intent, guarantee, malice and for bodily injury and under the Product Liability Act.