General Terms and ConditionsThe EU Commission provides a platform for extra-judicial dispute resolution. It now gives the opportunity for consumers to settle disputes concerning their online purchases firstly out-of-court. You can find the Dispute Resolution Platform here: To the EU's Dispute Resolution Platform
(Status as of 10th October 2018)
§ 1 General provisions
- These Terms and Conditions of Sale apply exclusively towards consumers in the sense of § 13 of the German Civil Code (BGB) (“Consumer is every natural person that contacts a legal act for purposes that predominantly cannot be attributed neither to their commercial nor their independent professional activity.”). By submitting an order to Ayluna Naturkosmetik GmbH, you declare your agreement with these General Terms and Conditions (GTC).
- At any time, the version of the GTC valid at the time of the order and published at https://www.ayluna.com/contact/agb.htm is applicable.
- In case of any discrepancies between specific terms and conditions of payment and shipment in the online shop compared to the provisions within these GTC, the terms and conditions stated in the online shop prevail over these GTC.
§ 2 Conclusion of the contract, storage of the contract text
- Our offers are always non-binding; there only is an obligation to deliver of Ayluna Naturkosmetik if expressly confirmed in a specific case.
- You submit a binding offer to conclude a sales contract by clicking on the button for order with obligation to pay. The acceptance of the offer by us is done via sending an e-mail to you that simultaneously contains Instructions on Withdrawal in text form, and already the respective invoice. The e-mail will be sent at the e-mail address indicated by you. The acceptance may also be declared by shipment of the goods ordered.
- We save the text of the contract and send to you a confirmation with the content of the contract concluded via e-mail immediately after conclusion of the sales contract. You are obliged to either save or print the order confirmation so that you have access to the content of the contract in durable form. These General Terms and Conditions are always part of the contract, too, and you will find them each time in our order confirmation e-mail, and permanently on our website (hyperlink see above § 1 (2)), and you may print and/or save them. You are not entitled to claim durable access to the content of the contract from us also after its conclusion.
§ 3 Payment and Default
- Delivery of goods is done against payment of the purchase price.
- We issue an invoice to you, transmitted together with the goods or via e-mail.
- Invoices are generally due for payment immediately without deduction.
- Overdue purchase price payments get into default at the latest 30 days after the due date and receipt of an invoice or equivalent payments schedule, other payments default after reminder. In case of default, the default interest set by law (currently, five percentage points above the basic interest rate of the Deutsche Bundesbank) are due. We are entitled to prove and claim any higher damages for default.
§ 4 Delivery, Costs of Return shipment
- If not agreed by contract otherwise, the goods ordered will be shipped to the delivery address indicated by you.
- We generally do only ship within the European Union and to Switzerland. Exceptions depend on a special agreement and must be cleared with us in advance. If by your request the shipment is to non-EU-third countries, you are responsible for correct import of the goods (customs clearance) and for any costs that may be incurred in this context.
- The costs and expenses of delivery and/or shipment are re-indicated in the online shop separately prior to you submitting your offer. Further cots that are not individually listed and indicated prior to the offer being submitted are not incurred, especially no costs that are not paid via us.
- Your further legal rights remain unaffected.
§ 5 Right of Withdrawal; Instructions on WithdrawalAs a consumer in the sense of § 13 of the German Civil Code (BGB), you are entitled by law to a right of Withdrawal.
The details can be found in the Instructions on Withdrawal which we provide separately. The Instructions on Withdrawal (as well as the Model Withdrawal Form that you may, but are not obliged to, use to declare the withdrawal) are for example added at the end of these GTC or also in the order confirmation e-mail that you receive from us after your order.
§ 6 Prices, Duration of Validity of the information/prices, main characteristics
- For the goods offered and for their delivery, the prices indicated at the time of order on our website are applicable.
- All prices indicated are meant including the applicable VAT.
- The information provided by us are not subject to any specific duration of validity. The duration of validity of temporary offers, especially as to their prices, can be found directly in the respective offers and the corresponding goods.
- The main characteristics of the goods or services are described in the framework of our website directly at the presentation and description of the respective goods or services.
§ 7 Retention of Title
- We reserve our proprietary rights (retention of title) of the goods delivered until full payment of all claims resulting from the delivery contract. We are entitled to reclaim the goods sold if buyer is acting in breach of contract.
- The buyer is obliged to handle the goods with care if the proprietary title has not yet been switched over to her or him. If property has not yet been transferred, the buyer must inform us without delay in writing if the good delivered is being seized or subject to other interferences of a third party. As far as the third party is not able to refund the judicial and extra-judicial costs of an action according to § 771 of the German Code of Civil Procedure (ZPO), the buyer is liable to us for the deficit incurred by us.
- We commit to release upon the buyer’s request the collateral securities belonging to us as far as their value exceeds the claims to be secured by more than 20 %.
§ 8 Set-off and Right of RetentionThe buyer only is entitled to a right to set-off in case her or his counterclaims are unchallenged by us or are recognized in a final judgment. To execute a right of retention, the buyer’s counterclaim must be based on the same contractual relationship.
§ 9 Liability for defects and Warranty
- Insofar as the goods are defective, the buyer is entitled to the rights and claims of warranty defined by law.
- As shipments not prepaid are resulting in high additional costs, we ask you to not choose this type of shipment. Therefore, upon receipt of your notice of defects, we will send to you a so-called Freeway parcel stamp that enables you to send the goods back to us free of charge.
- As a consumer, you have the choice if the subsequent performance shall be done by rectification or by replacement delivery. We are entitled to reject the type of subsequent performance chosen if it is only possible under disproportionate costs and the other type of subsequent performance does not result in considerable disadvantages for the consumer.
- The warranty period for consumers is two years, starting from the delivery of the goods.
- The assignability of these rights of the customer is excluded.
§ 10 Liability
- Claims for damages as to the compensation of financial losses are limited to cases of wilful or gross negligent conduct.
- We are liable, however, also for simple negligence if there is breach of an obligation the orderly performance of which is essential to achieve the contract’s purpose (so-called cardinal obligation). In this case, the liability for financial losses as to their extent is limited to the immediate financial loss, and as to their amount is limited to the foreseeable losses.
- As far as liability is excluded or limited, this also applies for the personal liability of our staff, representatives, and vicarious agents.
- The liability according to the rules of the German Product Liability Act, the liability for a guarantee, as well as the liability for damages in life, body and health remain unaffected by these provisions.
§ 11 Detecting and Correcting Entry ErrorsAfter you have been prompted to enter your customer data, you will be guided to the following page by activating the respective button. On that page, you will be provided with a complete overview of the goods ordered / the order placed including the costs, as well as of the data entered by you. There, you will have the express opportunity to check and change both the order as well as the data indicated by you.
A binding offer is only made when you submit the offer by a repeated statement of intent (activating the respective button). By this, our online shop provides you with a sufficient possibility to recognise and correct entry errors.
§ 12 Dispute Resolution, Codes of Conduct
- 1. The EU offers an internet platform for Online Dispute Resolution (ODR platform). This ODR platform intends to serve to resolve as quickly and effectively possible disputes between consumers and online platforms in the case of sales or services contracts concluded online. According to Article 14 of Regulation (EU) N° 524/2013 on the Online Dispute Resolution for Consumer Disputes (so-called ODR Regulation), we therefore inform you that you may access the platform for online dispute resolution here: To the Online Dispute Resolution Platform of the EU
- 2. Also, according to Article 14 of the ODR Regulation, we state to your knowledge in this context our e-mail address: info(at)ayluna(dot)de. We inform you that we are not obliged to participate in an alternative dispute resolution procedure at a consumer dispute resolution entity, and that we also do not participate voluntarily in such a procedure.
- 3. We are not subject to any Codes of Conduct.
© Ayluna Naturkosmetik GmbH, 2018 – All rights reserved