Conditions of Use
General terms and conditions
General Terms and Conditions of “Dead Sea Cosmetics- Germany”
Owner: Marc Strykowski
Done in July 2010
§1 Scope of terms and conditions
(1) The delivery of our goods and services shall be performed solely and exclusively under these terms and conditions. These terms and conditions apply to all future business relationships, even if they are not explicitly agreed.
(2) With the receipt of the goods or performance of the contract, at the latest, these conditions and terms shall be deemed to be accepted.
Acknowledgements of the buyer, with reference to his terms and conditions of purchase are hereby objected.
(3) Deviations from these terms and conditions are only effective if Dead Sea Cosmetics, Germany, represented by its owner Marc Strykowski, has confirmed them in writing.
§2 Prices
All prices are stated gross, they include statutory VAT of 19% and are subject to specified shipping costs of currently € 3,90 in Germany.
§3 Offer and contract
(1) For the purchase of our items, the following shall apply: the contract is concluded between you as a customer and the company of
Dead Sea Cosmetics- Germany
Wholesale and retail
Owner: Marc Strykowski as the natural person liable for damages
Adress: Manderscheider Straße 22
D- 54534 Großlittgen
Phone: +49 (0) 6575-901199
Fax: +49 (0) 6575-901-255
Email: info@totes-meer-produkte.de
VAT-ID number : DE 257055438
(2) All product descriptions such as images, dimensions and weights are not binding. This also applies to price indications.
(3) Your order represents an offer to us to conclude a sales contract. If you place an order with us, we will send you an email confirming the receipt of your order and listing of its detailed rules (order confirmation). This order confirmation constitutes an acceptance of your offer. The contract is concluded upon the order confirmation. The product is sent only after the receipt of the payment to the address given to us by the customer.
(4) We reserve the right to cancel orders at any time.
§4 Delivery, shipping and risk
(1) We charge a flat rate of € 4,90 including VAT. These costs relate only to the dispatch of goods within Germany.
(2) Unless otherwise agreed, delivery is immediately executed after receipt of the payment by our warehouses to the delivery address given by the purchaser. Indications about delivery times are not binding. The seller bears the risk upon dispatch of the good.
(3) If the ordered product is not at our disposal, the purchaser is immediately informed. Should the buyer have already paid the good, he will immediately be reimbursed.
(4) Should you want a delivery abroad, please contact us before the conclusion of the contract. Shipping costs are to be separately asked for.
(5) Goods with an obvious damage to the packing or to the content that have been delivered to the customer must be complained about to the freight forwarder. The acceptance of the good is to be denied. In addition, the customer shall contact the provider without delay either by email, fax or post after noticing hidden defects. Later claims, which are externally recognisable and based on a shipping damage, may not be accepted by the seller.
§5 Payment terms
(1) The customer may pay by advance payment (bank transfer), by check or by Pay Pal. The customer bears any additional costs when ordering by cash on delivery.
(2) The product will only be sent to the purchaser once the purchasing price is booked on the seller’s account.
(3) Should you make use of your right of withdrawal (Confer Instruction concerning the right of withdrawal), you bear the regular costs for reshipment if the delivered good corresponds to the good that was ordered and if the price of the good that will be reshipped does not exceed a price of € 40 including VAT or if, concerning a good with a higher price, you have not returned your service or partly paid the price agreed contractually, at the moment of the withdrawal. Otherwise, the reshipment will be free of charge.
§6 Retention of title
(1) Until full payment is effectuated, the delivered goods remain the property of Dead See Cosmetics, Germany, owner Marc Strykowski. The seller may not have the goods subject to retention of title.
(2) Should third parties – particularly bailiffs- access the goods subject to retention of title, the customer is to be adverted to the property of the seller and is to immediately notify the latter so that the seller may enforce his property rights. Unless the third party is not in a position to reimburse the seller for the judicial or extra-judicial costs incurred by the seller, the customer is to be held liable.
Right of cancellation for consumers
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date on which you or a third party nominated by you, which is not the carrier, have taken the goods in possession or has.
To exercise your right of cancellation, you must us (Marc Strykowski Manderscheider str.22, 54534 Großlittgen, Tel. 06575-901 199, fax 06575-901-255, info@totes-meer-produkte.de)
www.Totes-Meer-Produkte.de) by means of a unique statement (such as a letter sent by mail, fax or E-Mail) of your decision to revoke this agreement, inform. You can use the attached model withdrawal form, which is however not required.
The revocation period it is sufficient that you submit the notice of the right of withdrawal before the withdrawal deadline.
Consequences of revocation
If you cancel this contract, we've got all payments that we have received from you including the delivery charges (except for the additional costs arising from this that you have chosen a different type of delivery as offered by us, best standard delivery), without delay and at the latest within fourteen days from the day to pay back, on which the communication is received your revocation of this agreement with us. We use the same means of payment you have used in the original transaction for this repayment, unless something else has been expressly agreed with you; in no case fees be charged because of this repayment. We may refuse refund until we have received back the goods again or until you have demonstrated that you have returned the goods, depending on which is the earlier date.
You have the goods promptly and in any case no later than fourteen days from the date on which you teach us about the revocation of this agreement must be returned to us or to pass. The deadline is respected, if you send the goods before the expiration of the period of fourteen days. You bear the direct cost of returning the goods.
You must only come for a possible loss in value of the goods if this loss in value on one to test the texture, due to unnecessary handling properties and functioning of the goods.
End of cancellation Policy
The right of withdrawal does not apply to distance contracts
-for the supply of sealed goods that are suitable for reasons of health or hygiene not to return, if your seal has been removed after the delivery,
§ 8 Liability for defects
(1) If the customer is a consumer within the meaning of § 13 BGB, the liability for defects is restricted to one year upon delivery of the good, provided that the delivered goods are used items. In case of new goods, the legal warranty period applies.
(2) If the agreement is concluded with an entrepreneur within the meaning of § 14 BGB, the warranty is excluded provided that the delivered goods are used items. In case of new goods, a warranty period of one year upon delivery of the good applies.
(3) Should the delivered good not have the properties and condition agreed upon, or is not suitable for the use assumed by the contract or for general use, or does not have the characteristics that the buyer would expect from the public statements, the seller guarantees supplementary performance of a good free from defects. Multiple additional supplies are allowed. Should two subsequent additional supplies fail, the buyer may adequately reduce the price or withdraw from the contract all together.
(4) We are not liable for damages not occurring to the delivered good, especially not for loss of profit or other financial damages incurred by the buyer. Restrictions on warranty do not apply where the cause of the damage is based on intent or negligence or involves the injury of a person. In addition, the liability to pay damages is restricted to damages that typically occur.
(5) For the delivery of products not produced by us, the respective producers of these goods are to be held liable.
(6) In case of a supplementary performance, the buyer is obliged to return the delivered good within four weeks. If the good is not returned to us within this period, we are entitled to claim compensation for the good that was delivered and debit the payment from the means of payment indicated by the seller.
(7) For any errors in product descriptions or declarations, we shall not be liable. Information and product specifications are generally valid statement that cannot be substituted for individual treatment or personal advice. We recommend that the consumer is to verify and test our products according to his personal needs. We shall not be liable for damages resulting from an incorrect application (inappropriate application or one in breach of the contract). The tolerability of the product shall not be guaranteed.
The incompatibility with the contract is to be determined in accordance with the indications given by the producer of the good.
(8) The limitation period for the preceding claims is to be determined in accordance with the BGB.
§9 Data protection
(1) Your data are used and processed exclusively according to the applicable law. Thus, we store the personal data solely for the processing of orders and subsequent customer care. Personal data are kept in confidence and are not to be forwarded to third parties.
(2) You have a right of information, rectification, blocking and deletion of your personal data, which is free of charge and applicable at any time. Please contact our address referred to in § 3.
§10 Severability
If any provision of these terms and conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision is to be replaced by a provision which is closest to the invalid one in terms of its meaning and purpose. The same applies to any potential regulatory gap.
§11 Governing Law
(1) The laws of the Federal Republic of Germany shall apply to these terms and conditions and to all legal relations between the seller and the buyer. The rules of the UN as regards the sale of goods shall not apply.
(2) The place of jurisdiction shall be Wittlich if the customer is an entrepreneur within the meaning of § 14 BGB.
§ 12 Imprint
Dead Sea Cosmetics- Germany
Wholesale and retail
Owner: Marc Strykowski as the natural person liable for damages
Adress: Manderscheider Straße 22
D- 54534 Großlittgen
Phone: +49 (0) 6575-901199
Fax: +49 (0) 6575-901-255
Email: info@totes-meer-produkte.de
VAT-ID number : DE 257055438
Disclaimer:
Content of the services offered online:
The author declines any responsibility as to the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to the material or immaterial damage caused by the use of incorrect or incomplete information are generally excluded, in so far as no negligent or fault on the part of the author can be established. All offers are unbinding and without engagement. The author reserves the right to change, supplement or delete parts of the webpage or the whole offer or to cease publication temporarily or permanently, without separate an-nouncement.
References and links
In case of direct or indirect references to third party websites (“hyperlinks”), which are outside the scope of responsibility of the author, the author shall only then be liable if he had knowledge of the content and if it was technically possible and reasonable for him to prevent the use of the illegal content. The author declares herewith that there was no illegal content at the time when the webpages were linked. The author may not influence the current and future design, the content or the intellectual property rights of the linked pages. He therefore expressly distances himself from the content of the linked/ associated pages that were changed after the pages were linked for the first time. This statement applies to all links and references of the own online offer as well as to contributions to the guest books or other discussion forums, link directories or mailing lists furnished by the author and to all other forms of databases accessible by third parties. It is the service provider of the webpage who is to be held liable for the illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of the information presented on the webpage and not the service provider who only refers to the respective publication by links.
Copyright
The author is committed to comply with the copyrights of the images, graphics, sound documents, video sequences and texts used and employs images, graphics, sound documents, video sequences and texts created by the author, or relies on images, graphics, sound documents, video sequences and texts of public domain. All brands and trademarks mentioned in the online offer or protected by third parties are subject to the law of the intellectual property rights and the rights of their registered owners. It cannot be assumed from the mere mentioning of certain trademarks or brands that they are not protected by third parties! The author is to reserve the intellectual property rights for the objects created and published by the author on the webpage. Any duplication or use of such graphics, sound documents, video sequences and texts for other electronic or printed publications is not permitted without express permission by the author.
Data protection
If the user has the possibility to enter personal or business data (email address, names, or addresses) into the online offer, the disclosure of such data takes place voluntarily. The use of and payment for all services offered is also permissible without the disclosure of such data or by providing a pseudonym as far as is technically possible or reasonable. Third persons are prohibited to use the contact data published in the “imprint” or comparable information, such as addresses, telephone and fax number, as well as email addresses that were not expressly asked for. Legal measures will be taken against persons who infringe the above mentioned prohibition by sending so-called “spam-mails”.
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We offer a variety of payment methods. When the invoice purchase we settle this paymorrow company GmbH. Assessing liability and credit check paymorrow or partner companies commissioned by paymorrow in the permitted by law, taking into account your legitimate interests to the exclusion of transmission or use when registering for the invoice purchase submit your address data if necessary to business reporting agencies for credit and credit check. We obtain information about your past payment history of following business bureaus that store data for the provision of information:
Bürgel, Buergel business information GmbH and co. KG, gas Street 18, D-22761 Hamburg, Tel.: + 49 (0) 40 - 89 80 3 - 0, fax:-777
CEG Creditreform consumer GmbH, Heller mountain str. 11, D-41460 Neuss, Tel.: + 49 (0) 2131-109-501, fax:-557
Deltavista Deltavista GmbH, Freisinger Landstr. 74, 80939 Munich, Tel.: + 49 (0) 89-7244880, fax: - 22
For the purposes of own credit check paymorrow or partner companies commissioned by paymorrow retrieve if necessary mathematical statistical methods of the mentioned institutions creditworthiness information based. For these cases consent to communication your first and last name, street, street number, city, postal code and your birth date to the mentioned Institute.paymorrow ensures in this context that the responsible partner companies also mentioned institutions themselves process the data only within the scope of the purpose and/or use. All credit checks are made to eliminate difficulties in payments. Communication between paymorrow of paymorrow hired partner companies and other wire services protects against damages which affect prices in the long term online trading. As customer you benefit from a review of customer data for this purpose.
Consent verification:
I agree one that my personal data for the purpose of identity verification to the SCHUFA (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden) transmitted and the SCHUFA then back sends the degree of the personal data held by you with the personal data specified by me in percentages and possibly a reference to an ID badge-based proxy check conducted back at SCHUFA or other contractual partner Paymorrow GmbH. Paymorrow GmbH can thus detect based on the submitted match rates if a person at the address specified by me in the database of the SCHUFA is stored. A further data exchange or a transfer of different addresses and my data in the SCHUFA database is not. It is stored the fact of checking the address to SCHUFA detection for alone.
By entering your personal data and the acceptance of this privacy policy, you agree with the collection, processing and use of your personal data according to the aforementioned privacy policy.
You have the right to obtain information on the personal data stored regarding your person free of charge. We may ask you to contact with appropriate requests to the address indicated in the imprint. Unless the personal data we hold about yourself are incorrect, the data on a corresponding note be corrected by you of course. You have the right, at any time to withdraw your consent to storage of personal data to your people in the future. Case notice delete your person stored personal data unless the data needed to meet the obligations of the concluded contract or legal regulations preclude a deletion. In this case a revocation of the personal data concerned shall be replaced deletion. With all data protection queries we may ask you to contact the address given in the imprint.