GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders placed via the
Ivory-Cosmetics Online Shop
60327 Frankfurt am Main
(2) The range of items offered in our online shop are directed exclusively at buyers aged 18 or older.
(3) Our deliveries, services and offers take place solely on the basis of these general terms and conditions. The general terms and conditions apply with respect to companies and thus all future business relations, even if they are not explicitly agreed upon again. We already reject the inclusion of a customer’s general terms and conditions if these contradict our general terms and conditions.
(4) The language for all agreements is exclusively German.
(5) You may access and print the currently valid general terms and conditions at www.ivory-cosmetics.comat any time.
§ 2 Contract Formation
(1) The presentation of items in our online shop do not represent a mandatory proposal for the formation of a contract. Rather, it represents a nonbinding invitation to purchase items via the online shop.
(2) By clicking the button Mit Anklicken des Buttons
[„Commit ti buy“/„buy now“]
you submit a binding offer of purchase (§ 145 BGB).
(3) After we receive your offer of purchase, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This order confirmation does not yet represent an acceptance of your offer of purchase. No contract is formed through the receipt of an order confirmation.
(4) A purchase contract concerning the order is only formed once we explicitly declare our acceptance of your offer of purchase (acceptance of order) or once we, www.ivory-cosmetics.com, send the items to you without previously explicitly declaring our acceptance of your offer of purchase.
§ 3 Pricing
The pricing stated on the product overview pages include the statutory VAT and other price components and are to be understood in addition to respective delivery charges. More information regarding our delivery charges can be found on our website under [„Delivery information / „delivery].
§ 4 Payment Terms; Default
(1) Payment ensues either via invoice via advance payment, credit card, PayPal or direct debit.
(2) It is for us to select the available payment methods. We especially reserve the right to only offer you certain payment methods, for example only advance payment in order to ensure our credit risk.
(3) When selecting a payment method we will make our bank details available to you in our acceptance of your order. Payment is to be made within 10 days of receiving our acceptance of your order.
(4) When paying upon delivery, an additional charge of 6 EUR applies which will be charged by the delivery agent upon delivery. No further costs or taxes apply.
(5) When paying by credit card, the buying price is reserved on your credit card at the time of purchase (authorisation). Your credit card account will actually be charged at the time we ship the items to you.
(6) When paying via PayPal, you will be redirected to the online provider PayPal’s website during the order process. In order to pay via PayPal, you will need to be registered with them or register an account and authorise the account prior to confirming your payment order to us. After placing your order in the shop, we will ask PayPal to initiate the transaction. You will receive further information during the order process. Afterwards, the transaction will be completed by PayPal immediately and automatically.
(7) When paying via direct debit, you may be liable to charges incurred due to a negative booking operation of a transaction caused by insufficient funds or false payment information communicated by you.
(8) Should you find yourself in default due to this payment, you will be required to pay the legal default charges equivalent to 5 percentage points above the base interest rate.
For every reminder sent to you after entering default, you will be charged a fee of 2.50 EUR as long as no lower / higher damage is attested in the individual case.
§ 5 Offsetting/Right of Retention
(1) You only have a right to offset once your counterclaim has been lawfully determined, is not disputed or accepted by us or is in close proportion with our demands.
(2) You may only utilise your right of retention as long as your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Title retention
(1) Except when otherwise stipulated, the order is delivered from our warehouse to the address specified by you.
(2) The items remain our property until payment is made in full.
(3) By way of exception, we are not obliged to complete delivery if we have ordered the items properly on our end, but have not been provided with it properly or on time (congruent hedging transaction). Wir sind ausnahmsweise nicht zur Lieferung der bestellten Ware verpflichtet, wenn wir die Ware unsererseits ordnungsgemäß bestellt haben, jedoch nicht richtig oder rechtzeitig beliefert wurden (kongruentes Deckungsgeschäft). A prerequisite for this is that we do not have to substitute the missing availability of items and that you have been informed about the circumstances promptly. Additionally, we may not have assumed the risk for acquisition of the ordered items. When items are not available, we will refund you any payments you have already made. We do not assume the risk for having to obtain any ordered items (procurement risk). This also applies to orders of items, which are only described by their kind and characteristics (unascertained goods). We are only obliged to deliver from our own stock of goods and items ordered from our suppliers.
(4) If you are an entrepreneur as described in § 14 BGB, the following applies in addition:
We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Cancellation Policy
If you are a consumer as described by § 13 BGB, i.e. make a purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions. Cancellation policy. You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us
Address: Frankenallee 34A
Phone: +49 (69) 59776996
by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You may use the attached template:
If you want to revoke the contract, please fill out this form and return it to us at
Address: Frankenallee 34A
Hereby I / we (*) revoke the contract concluded by me / us (*)
Contract for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if communicated on paper).
In order to abide by the cancellation period, it is sufficient for you to send the notification of your exercise of your right of withdrawal before the expiry of the withdrawal period.
Frankenallee 34 A , 60327 Frankfurt am Main
If you withdraw from this contract, we are obliged to reimburse all payments received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which we have received the notification of your revocation of this contract. For this reimbursement, we will use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment.
We reserve the right to reimburse you until we have received the items back, or until you have provided us with evidence that you have sent the items back, whichever is the earlier. You must return or hand over the goods to us at Ivory Cosmetics, Frankenallee 34A, 60327 Frankfurt / Main without delay and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You are liable to carry the immediate costs of returning the goods. You are only liable for a potential decrease in product value if this decrease in value can be ascribed to you using the product in a way not necessary for assessing its nature, properties and functionality.
This right of withdrawal does not apply to the delivery of products which are not pre-manufactured and require an individual selection or definition by the consumer, or that are distinctly tailored to the consumer’s individual needs (e.g. personalised products showing your photo or name), sealed products that are not suited to be returned due to health and safety or hygiene reasons, provided the seal was broken after delivery.
(2) Please avoid damage and contamination. If possible, send back the products in their original packaging including all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to insufficient packaging. (3) Before returning items, please call us using the number +49 (69)59776996 in order to announce your return. This way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of your right of withdrawal.
§ 8 Transit damage
(1) In the case of products being delivered with obvious transit damage, please report this to the carrier immediately, and contact us as soon as possible.
(2) Failure to file a complaint or contact has no consequences for your statutory warranty rights. However, you help us assert our own claims against the carrier or transport insurance.
§ 9 Warranty
(1) Unless explicitly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433ff. BGB).
(2) If you are a consumer as defined in § 13 BGB, the period of limitation for warranty claims for used items is one year, deviating from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party can regularly rely (cardinal duty) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Incidentally, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur as defined by § 14 BGB, the statutory provisions apply including the following modifications. For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer. You are obliged to inspect the products immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the products. In order to stay within the deadline, dispatching the items on time is sufficient. This also applies to later discovered hidden defects from the moment of discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded. In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the products to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the products. If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability:
We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of people.
(2) Incidentally, the following limited liability applies:
In case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected.
This limitation of liability also applies in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution: The EU Commission has made a platform available for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes related to their online orders initially without the intervention of a court of law. The Dispute Settlement Platform is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration and unfortunately cannot offer you participation in such a procedure.
§ 12 Closing Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of March, 2018