§ 1 Scope of application
(1) The following terms and conditions are an integral part of each contract concluded between Dr. Juchheim Cosmetics, Eichleite 32, 82031 Grünwald, owner Dr. med. Jürgen Juchheim, offices at the aforementioned address (hereinafter JUCHHEIM COSMETICS) and the customer.
(2) JUCHHEIM COSMETICS provides performance on the basis of these terms and conditions only.
§ 2 Conclusion / Language of contract
(1) (1) The presentation of products, particularly on the internet, does not represent a binding offer by JUCHHEIM COSMETICS.
(2) A contract does not become valid until JUCHHEIM COSMETICS confirms the order in writing via e-mail.
(3) The contract is concluded and processed in German.
(2) (2) By filling in and sending a web form for the purpose of ordering, the customer is sending personal data to JUCHHEIM COSMETICS.
(4) For the purpose of fulfilling the contract, i. e. delivery, personal data will be transferred to the transport company as far as necessary. The transport company is also obliged to use personal data according to the regulations of the German Federal Data Protection Act only.
(5) The customer is entitled to request change, blocking or deletion of personal data at any time via the e-mail address: firstname.lastname@example.org and to disagree the use of his data for the purpose of direct marketing or advertising.
(7) Personal data, which have to be stored for legal reasons, except for the data a consent for further use was given, will be blocked when the contract is fulfilled completely, i.e. also full payment of agreed prices. These data cannot be used for any further purposes.
(8) The customer is also entitled to request change, blocking or deletion of data at any time.
(9) As far as the customer requests further information about the storage of his personal data or the deletion, blocking or change of it, support will be given under the e-mail address mentioned in clause (5) or the postal address mentioned in clause (1) of this section.
§ 4 Terms of delivery
(1) Unless otherwise agreed, delivery will take place ex stock to the address given by the customer.
(2) Should additional shipping costs occur to JUCHHEIM COSMETICS due to a false address of delivery or a false addressee, these costs have to be paid by the customer, unless he cannot be held responsible.
§ 5 Delivery costs
The shipping information contains a list of states to which JUCHHEIM COSMETICS delivers as well as the delivery costs respectively.
§ 6 Terms of payment
(1) The purchasing price is immediately due after the fulfillment of the contract. Customers have the possibility to pay in advance, cash on delivery or by credit card.
(2) All prices are retail prices, including the statutory value added tax.
(3) All delivery charges, in particular packaging, transport costs, transport insurance and deliveries shall be effected at the expense of the customer unless otherwise separately stipulated.
(4) In the case of default in payment, the customer shall be obligated to pay default interest amounting to 5 % above the base rate to JUCHHEIM COSMETICS, should he/she be a consumer (§ 13 German Civil Code). Should the customer be an entrepreneur (§ 14 German Civil Code), § 6 subsection 4 sentence 1 applies with the proviso that the default interest amounts to 8 % above the base rate.
(5) Independent of § 6 subsection 4, JUCHHEIM COSMETICS shall have the right to prove evidence of a higher default loss rate as well as other losses.
(6) The customer shall only be entitled to set off counterclaims to the extent as such are undisputed or legally established.
§ 7 Retention of title
The products supplied shall remain the property of JUCHHEIM COSMETICS until they are paid for in full.
§ 8 Warranty
(1) The legal regulations shall apply, unless otherwise stipulated in § 8 clause 2 to 3.
(2) The statutory limitation for claims for warranties for defects shall amount to 24 months and commences with the delivery of the object of purchase. Should the customer be an entrepreneur (§ 14 German Civil Code), the time limit amounts to 12 months as of delivery of the object of purchase.We do not assume warranty for injuries to life, body or health, damage of important contractual obligations (handing over and transfer of ownership of the products) as well as damages caused by deliberate or grossly negligent behavior. Thus, legal limitation period regulations apply.
(3) The legal provisions and the duty to inspect the delivered goods and give notice of any defects according to the German Commercial Code apply for merchants.
§ 9 Right of revocation
Right of revocation
The customer may revoke his contractual declaration within two weeks without specifying the reasons, doing so in written form (e.g. letter, fax, e-mail) or – if the products are handed over before expiration of time – by sending them back. The period will begin after receipt of this advice in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first part delivery) and also not before fulfilment of the information obligations in compliance with § 312c Para. 2 BGB in combination with § 1 Para. 1, 2 and 4 BGB-InfoV as well as the obligations of the respective vendor in compliance with § 312e Para. 1 Clause 1 BGB in combination with § 3 BGB-InfoV. To comply with the revocation period, it suffices to send off the revocation notice or the goods in good time.
Notice of revocation must be sent to:
JUCHHEIM COSMETICS - Owner Herr Dr. med. Jürgen Juchheim
Fax: +49 (0) 89 - 64 91 33 51
There is no right to revoke for the following products: Products whose expiration date would be exceeded.
Consequences of revocation:
In the event of valid revocation, the services received by both parties must be returned and any uses obtained (e.g. interest) must be surrendered. The ordering party may have to provide value compensation if the ordering party cannot, either in whole or in part, return the received service to the vendor or can only do so in an impaired state. This will not apply to the making available of objects if impairment of the object is attributable solely to inspection thereof, as would have been possible for the ordering party in a shop, for example. Incidentally, the ordering party can avoid providing compensation for an impairment caused by use of the object in accordance with its intended purpose by refraining from using the object like his or her property and by refraining from all actions that would have a detrimental influence on its value. Objects that can be sent in parcels must be returned at the vendor's risk. The ordering party must bear the costs of returning if the object delivered corresponds to the object ordered and if the price of the object to be returned does not exceed an amount of 40.00 € or, in the event of a higher price of the object, the ordering party has not yet reciprocated or provided a contractually agreed partial service at the time of revocation. Otherwise, returning will be free of charge to the ordering party. Objects that cannot be sent in parcels will be picked up from the ordering party by the vendor. Obligations to reimburse payments must be fulfilled within 30 days. For the ordering party, the period will begin when the revocation declaration or the object is sent. For the vendor, the period will begin with its receipt.
End of the revocation advice
§ 10 Assumption of costs
Should you exercise your right of cancellation, you shall bear the regular costs for the return shipment should the delivered products correspond to the products ordered and should the price of the products to be returned not exceed an amount of 40 Euros or should the products have a higher price, you have not yet rendered the service in return or a contractually stipulated partial payment at the time of cancellation. Otherwise the return shipment shall be free of charge.
§ 11 Limitation of liability
(1) With the exception of damages which relate to health effects, human injury or loss of life and the breach of fundamental contractual obligations (delivery and transfer of ownership), JUCHHEIM COSMETICS shall only be liable for damages which can be attributed to intentional or grossly negligent conduct. This shall also apply for indirect consequential damages, in particular such as loss of profit.
(2) With the exception of intentional or grossly negligent conduct or of damages which relate to health effects, human injury or loss of life and the breach of fundamental contractual obligations (delivery and transfer of ownership), liability shall be limited to typically foreseeable damages at the time of contract conclusion and furthermore, the degree of liability shall be limited to average damage as per standard contract provisions. This shall also apply for indirect consequential damages, in particular such as loss of profit.
(3) The limitation of liability in subsections 1 and 2 shall also apply correspondingly in favour of employees and vicarious agents of JUCHHEIM COSMETICS.
(4) Liability claims based on the Product Liability Act shall remain unaffected.
§ 12 Final provisions
(1) The contractual relationships shall be regulated exclusively according to the law valid in the Federal Republic of Germany, excluding UN purchase law. Mandatory regulations of the state in which the customer has its main residence remain unaffected.
(2) Provided that the customer is a merchant, a corporate body under public law or special fund under public law or does not have a general jurisdiction in Germany or takes up residency abroad after contract conclusion or his/her residency is unknown at the time of filing of action, the jurisdiction shall be the domicile of JUCHHEIM COSMETICS.
General Terms and Conditions as of Oct. 29nd 2012