Terms of service
General Terms and Conditions of Business
Contractual conditions within the framework of purchase contracts concluded via the platform www.the-glow.com
between
The Glow Naturkosmetik GmbH, Siegesstr. 11, 80802 Munich, email: info@the-glow.com
- hereinafter referred to as "Provider" -
and
the customer designated in § 2 of the contract - hereinafter referred to as the "Customer"
are concluded.
1. Scope of application, definitions
(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
2. Conclusion of contract
(1) The customer can select products, in particular natural cosmetic products, from the provider's range and collect them in a so-called shopping basket by clicking on the "add to basket" button. By clicking the "Continue to checkout" button, the customer is taken to an overview of the upcoming order. By clicking on the "order with obligation to pay" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "With your order you agree to our general terms and conditions and cancellation policy" and has thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is either sent in a separate e-mail (order confirmation) or by delivery of the goods. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
3. Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (unless purchase on account has been agreed). If no or no deviating delivery time is specified for the respective goods in our online shop and the customer is not otherwise informed of a deviating delivery time, it shall be a maximum of 5 working days.
In principle, the goods are dispatched in one delivery, which takes place when all items are available.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria.
The delivered goods remain the property of the supplier until full payment has been made.
4. Reservation of title
The delivered goods remain the property of the supplier until full payment has been made.
5. Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation. From an order value of EUR 50.00, the supplier delivers to the customer within Germany free of shipping costs.
(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of the return shipment.
6. Payment modalities
(1) The customer can pay by credit card or Paypal.
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
7. Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
8. Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9. Cancellation policy
(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us, The Glow Naturkosmetik GmbH, Kreuzstraße 11, 80331 Munich, info@localhost, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. [3] To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired and you bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of cancellation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, as well as to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) The provider provides the following information about the model cancellation form in accordance with the statutory provisions:
Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
-To [insert the name, address and, if applicable, the fax number and e-mail address of the entrepreneur by the entrepreneur]:-I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)-Ordered on (*)/received on (*)-Name of the consumer(s)-Address of the consumer(s)-Signature of the consumer(s) (only for notification on paper)-Date
(*) Delete as applicable.
10. information on data processing
(1) The provider collects customer data in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.
(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.
(3) The customer has the option of accessing, changing or deleting their stored data at any time by clicking on the "My data" button in their profile. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" button.
11. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the place of jurisdiction.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.