General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
The following terms and conditions apply to all contracts that you conclude with us as a provider ((1) KÖsmetik) via the website www.koesmetik.de. Unless otherwise agreed, the GmbH's inclusion of any terms and conditions you may have used is contradicted. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction (2) for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
Subject of the contract is the sale of goods.
(1) Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
You can submit a binding purchase offer (order) via the online shopping cart system.
(2) The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information again and change it (also via the “back” function of the internet browser) or to cancel the purchase. By submitting the order using the button "Agreement to pay for the order you are placing" submit a binding offer to order with payment.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order is placed
(3) Confirmation in text form (e.g. email) confirming the execution of the order or delivery of the goods (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately. Your requests to create an offer are non-binding for you. We will submit a proposal to you regarding this
(4) binding offer in text form (e.g. by email), which you can accept within 5 days.
The processing of the order and the transmission of all information required in connection with the conclusion of the contract (5) is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
You can only exercise a right of retention if it concerns claims from the same (1) contractual relationship.
The goods remain our property until the purchase price has been paid in full. (2)
§ 4 Liability
We are liable without restriction for damages resulting from injury to life, body or (1) health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item and in all other cases regulated by law.
Liability for defects within the scope of the statutory warranty is based on the corresponding (2) regulation in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance you can regularly rely.
If minor contractual obligations are breached, liability is excluded for slightly negligent (4) breaches of duty.
(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 5 Choice of law, place of performance, place of jurisdiction
German law applies. For consumers, this choice of law only applies to the extent that the protection granted by (1) mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
The place of performance for all services from the existing business relationships with us and (2) the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. (3)
II. Customer information
1. Identity of the seller
KÖsmetik GmbH Königsallee 60B
40212 Düsseldorf Germany
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the item description and the additional information on our website.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You are about one accordingly
designated button on our website or in the respective item description, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping is guaranteed.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability law for defects
7.1. The statutory liability rights for defects apply.
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
8. Obligation to bear costs for returns
8.1 If the cancellation is due to a defect in the goods (defective box or defective flowers), the customer does not have to bear any return costs.
8.2 In the event of a cancellation resulting from any reason other than those described in 8.1, the customer is responsible for bearing the costs.
8.3 Shipping costs will not be reimbursed in the event of cancellation.
Klarna's payment options
In collaboration with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods. You can find the billing conditions here .
- Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on hire purchase including the general terms and conditions and the European standard information for consumer credit can be found here .
- Immediately: Your account will be debited immediately after you place your order.
- Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. Further information and Klarna's user conditions can be found here . General information about Klarna can be found here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .
In order to be able to offer you Klarna's payment options, we will transmit personal data, such as contact details and order details, to Klarna. In this way, Klarna can assess whether you can use the payment options offered through Klarna and adapt the payment options to your needs. General information about Klarna can be found here . Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .