General Terms and Conditions:
ARTICLE 1 – GENERAL PROVISIONS
The General Terms and Conditions (the“General Terms and Conditions” or the“GTC“) apply exclusively to the online sale of products offered by the Operator on the Website.
The GTC are made available to customers on the website, where they can be consulted directly, or communicated to them in any form upon simple request.
These General Terms and Conditions apply to all orders placed with the Operator for all items and services offered on the Website by natural persons who are not merchants. Consequently, the fact that a person orders a product offered for sale on the Website implies full and unreserved acceptance of these General Terms and Conditions, which the Customer acknowledges having taken note of before placing his order.
The GTC apply to the customer who, by ticking a box or clicking on the button provided for this purpose, acknowledges that they have taken note of them and accepted them before placing an order. Confirmation of the order shall be deemed to constitute the buyer’s acceptance of the GTC valid on the date of the order, the storage and reproduction of which is guaranteed by the operator.
BODENSEE PHARMA GMBH reserves the right to amend these GTC at any time. Nevertheless, the order placed by a customer on the website is subject to the GTC that the customer accepted at the time of placing the order.
Article 2 – PRODUCT DESCRIPTIONS
The Website is an online sales site for cosmetics, beauty, wellness and food products (hereinafter “Product(s)“) open to any natural or legal person using the Website (the Customer).
The products presented on the website are each the subject of a description (prepared by the supplier and/or operator or accessible on the manufacturer’s website via a link on the website), in which their essential characteristics are listed. If necessary, instructions for use and contraindications are also provided.
The products presented on the website are products from third-party brand manufacturers and suppliers or they are marketed directly under the BODENSEE PHARMA GMBH brand and distributed and sold by the operator.
BODENSEE PHARMA GMBH strives to ensure that the products presented correspond as closely as possible to those supplied, in view of the seriousness that characterizes the company. However, the company cannot guarantee that there are no minor differences, which may be related in particular to the technical limitations in the provision of photos on the site (difficulties in displaying textures on the screen, differences in the color quality of the photos).
The information, features, photos and graphics presented on the websites or in the e-mails sent by BODENSEE PHARMA GMBH are for information purposes only and are largely provided by the suppliers. In particular, BODENSEE PHARMA GMBH cannot be held responsible for the different perception of shapes and colors between the photos or graphics shown and the products. BODENSEE PHARMA GMBH does its best to ensure that the photographic representation of the products on the website is as faithful as possible. Nevertheless, it is possible that the perception of the product(s) does not fully correspond with the products. The products are sometimes shown together with other products in photos. It is clear from the description what is part of the product and what is not.
BODENSEE PHARMA GMBH tries to be as precise as possible on its website in order to provide the customer with all the necessary information to enable him to make his choice in full knowledge of the facts. However, it is possible that, despite all efforts, an oversight may be discovered without this leading to any liability on the part of BODENSEE PHARMA GMBH.
The operator shall not be liable for indirect damages resulting from the present contract, including loss of business, loss of profit, loss of opportunity, damages or costs that may result from the purchase of the products. BODENSEE PHARMA GMBH cannot be held liable for the loss of data, files or damage within the meaning of the previous paragraph.
The company invites users who would like to receive information to send their question to the e-mail address: kontakt@bodensee-cosmetics.com or via a message on social networks.
The user expressly agrees not to hold the company liable in this respect, subject to mandatory statutory provisions.
The products comply with the requirements of applicable French law.
Article 3 – CREATING A CUSTOMER ACCOUNT
To place an order on the website, it is not necessary for the customer to create a personal customer account.
If the customer decides to create such an account (which we recommend), he/she must identify him/herself with his/her user name and secret, personal and confidential password in order to access it. It is the Customer’s responsibility not to disclose their user ID and password in accordance with the provisions of the PERSONAL DATA section of the Privacy Notice. Each Customer undertakes to keep strictly confidential the data, in particular the username and password, enabling him to access his Customer Area, the Customer acknowledging that he alone is responsible for access to the Service offered via his username and password, except in the case of proven fraud. Each Customer also undertakes to inform the Operator immediately of the loss, theft or fraudulent use of their user ID and/or password.
After setting up their personal customer account, customers receive an e-mail confirming that their customer account has been set up.
The customer undertakes when registering:
- provide true, accurate and up-to-date information at the time of entry into the Service’s registration form and, in particular, not use false names or addresses or use names or addresses to which they are not authorized.
- keep the registration data up to date to ensure that it is always truthful, accurate and current.
The Customer also undertakes not to provide or disseminate any illegal or offensive (e.g. defamatory or identity-infringing) or harmful (e.g. viruses) information. Otherwise, the operator is entitled to interrupt or block the customer’s access to the website to his sole detriment by taking all measures it deems necessary.
Article 4 – ORDERS
The operator endeavors to ensure optimum availability of its products. The product offers are only valid while stocks last.
If, despite the best efforts of the Operator, it turns out that a product is not available after the Customer has placed an order, the Operator will inform the Customer as soon as possible by e-mail or telephone and the Customer will then have the choice to opt for:
- the delivery of a product that is equivalent in quality and price to the one originally ordered, or
- the refund of the price of the product ordered, at the latest within thirty (30) days of receipt of payment of the amount already paid.
It is agreed that the Operator shall not be obliged to pay any cancellation compensation other than the reimbursement of the price of the unavailable product, if this option is requested by the Customer.
BODENSEE PHARMA GMBH cannot be held liable for non-fulfillment of the concluded contract if the product is not in stock or not available, in the event of force majeure, disruptions, total or partial strikes, in particular of postal services and means of transport and/or communication, floods or fire.
Unless otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal under applicable law, the customer’s orders are binding and final.
When placing an order, the customer must select the desired products, add them to their shopping cart and specify the desired quantities. The customer has the option of checking the details of their order and the total price and returning to the previous pages to correct the contents of their shopping cart if necessary before finalizing the order.
The customer undertakes to read the current GTC before accepting them and to confirm the terms and conditions and any delivery and withdrawal fees before paying for their order. Confirmation of the order constitutes acceptance of the GTC and forms the contract.
CONFIRMATION OF THE ORDER
The contractual information about the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery, provided that the e-mail address provided in the registration form does not contain an error. The operator strongly advises the customer to print out this order confirmation as proof and/or to archive it on a reliable and durable data carrier.
Every e-mail sent to the customer as part of an order is sent to the e-mail address that the customer uses to log into their customer account, or to the e-mail address specified when placing the order if they have not set up a customer account.
Any change to the order by the customer after confirmation of his order requires the consent of the operator.
The customer is responsible for the information provided when placing the order (in particular name and delivery address). The operator can therefore not be held liable in any way if an error when placing the order prevents or delays delivery/delivery.
SHIPMENT TRACKING
The customer can view the status of their order at any time via the “My account” section of the website. With this overview, the customer can call up the processing status of his order, but also the shipping or delivery status of his parcels. The latter shipment tracking is carried out via an interface with the Internet tracking options of the transport companies. The operator can therefore not be held liable for any unavailability or errors that may affect the information provided by its carriers. However, the Operator endeavors to make this information as clear as possible and to make transport with its carriers as reliable as possible. The customer can contact BODENSEE PHARMA GMBH customer service at any time to find out about the status of their order.
PROOF OF ORDER
The computerized records kept in the computer systems of BODENSEE PHARMA GMBH under appropriate security conditions serve as evidence of communications, orders and payments between the parties.
Orders and invoices are archived on a reliable and durable data carrier that can be presented as proof.
The customer declares that he has the full legal capacity to abide by these General Terms and Conditions.
Should the customer fail to comply with any of the provisions contained herein, the operator reserves the right to block the customer’s account without prior notice.
Article 5 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Website is an order with an obligation to pay, which requires the payment of a price in return for the delivery of the product ordered.
In any case, the operator reserves the right to verify the validity of the payment by any means necessary before the order is sent.
The operator uses the online payment options SOGECOMMERCE, APPLEPAY, GOOGLEPAY, PAYPAL.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly via the secure bank servers of the operator’s bank; the customer’s bank details are not forwarded via the website. The bank details transmitted during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, this data is not accessible to third parties.
The customer’s order is registered and confirmed as soon as the payment has been accepted by the bank.
The customer’s account will only be debited with the corresponding amount once the details of the credit card used have been checked and the debit has been accepted by the bank that issued the credit card.
If it is not possible to debit the amounts owed, the sale will be canceled immediately.
In particular, the credit card may be declined if it has expired, if it has reached the maximum amount of expenditure to which the customer is entitled or if the data entered is incorrect.
- Payment via Paypal. The customer already has an account on the Paypal account used by the operator. The customer can use this account and pay for their order completely securely without providing their bank details.
Article 6 – PRODUCT PRICES
The price of the products valid at the time of the order is indicated in euros including all taxes (including VAT), excluding delivery and transportation costs. In the event of a promotion, the operator undertakes to apply the promotional price to all orders placed during the promotional period.
The prices take into account the German VAT applicable on the day of the order and any change in the statutory VAT rate will automatically affect the price of the products offered on the website at the time specified in the implementing regulation. However, the prices cannot be changed once the customer has placed his order. If one or more taxes or duties, in particular environmental taxes, are introduced or changed, whether upwards or downwards, this change may be passed on to the selling price of the items offered on the Website.
The price is payable exclusively in euros (€). The price is due in full after confirmation of the order. The prices offered include all discounts and rebates that the operator may grant.
If delivery or transportation costs are incurred, these will be added to the price of the products and indicated separately before the customer confirms the order. The total amount to be paid by the customer and its details are shown on the order confirmation page.
Article 7 – DISABLING THE CUSTOMER ACCOUNT
In the event of non-compliance with the obligations arising from the acceptance of these GTC, the provision of false information when creating the account or actions that could harm the interests of the seller, the seller reserves the right to block access to the services offered on the website or, depending on the severity of the actions, to terminate the customer’s account without the right to claim damages.
The seller also reserves the right to refuse to conclude contracts with a customer who has already been excluded or penalized for such actions.
Article 8 – CONCLUSION OF THE CONTRACT
The contract between the operator and the customer is concluded at the time the order confirmation is sent by the customer.
The customer’s attention is particularly drawn to the way in which the order placed on the website is accepted. When the Customer places an order, they must confirm it using the “double-click” technique, i.e. after selecting the products placed in the shopping cart, the Customer must check the contents of their shopping cart (identification, quantity of products selected, price, delivery methods and costs) and correct them if necessary before confirming it by clicking on “I confirm my delivery”. He then confirms that he accepts the present GTC before clicking on the “I pay” button and finally confirms his order after entering his bank details. The “double click” is considered an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unconditional acceptance of the order by the customer.
The archiving of notifications, orders and invoices is guaranteed by the operator on a reliable and durable data carrier, so that a true and durable copy is created. These communications, orders and invoices may be presented as proof of the contract. Unless otherwise proven, the data recorded by the Operator on the Internet or by telephone shall constitute proof of all transactions carried out between the Operator and its Customers.
The order can be withdrawn by the customer by registered letter with return receipt or by letter on another durable medium,
- if the delivery of a product does not correspond to the specified characteristics;
- if the delivery has been exceeded after expiry of the period specified in the order form or, if no such period has been specified, within thirty (30) days of conclusion of the contract, and the Operator has been requested in the same manner and without result to make the delivery within a reasonable additional period;
- in the event of a price increase that is not justified by a technical change to the product prescribed by the authorities.
The order can be canceled by the operator if:
- the buyer refuses to accept the delivery;
- the buyer still owes the price (or residual price) at the time of delivery.
Article 9 – PROPERTY RESERVE
The operator remains the sole owner of the products ordered on the website until the full price, including any shipping costs, has been collected.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the website are reserved for consumers residing in Germany or, where applicable, in a member state of the European Union, and for deliveries in the same geographical areas.
Delivery means the transfer of physical possession or control of the product to the customer.
Depending on the type of product, the operator offers different and customized delivery methods.
The shipping costs are the costs stated when the order is placed and are accepted when the order is confirmed..
The Operator undertakes to deliver the Products within a maximum of thirty (30) days of receipt of the order, in accordance with the delivery period indicated on the Website for each Product.
Delivery times are indicated on the website in working days when the order is placed. These deadlines include the preparation and dispatch of the order as well as the deadline set by the carrier.
The Operator undertakes to ship the products in accordance with the deadlines announced in each item description and in the shopping cart, provided that the payment of the order has not been previously refused.
However, if one or more products cannot be delivered within the originally announced deadline, the operator will send the customer an e-mail with the new delivery date.
The products will be delivered to the address provided by the customer when placing the order. It is therefore the customer’s responsibility to check this address for errors. The operator cannot be held liable if the address provided by the customer is incorrect and delivery is prevented or delayed as a result.
The signing of a confirmation of receipt may be requested upon delivery.
No deliveries are made to P.O. boxes.
DAMAGED PACKAGES
Upon delivery, it is the customer’s responsibility to check before the carrier whether the delivered products correspond to their order and whether the package is sealed and undamaged. If this is not the case, the customer must make a note of this on the delivery bill. A complaint about the quantity or condition of the product is not permitted if the complaint has not been noted on the delivery bill. The product is deemed to have been accepted by the customer and cannot be the subject of any complaint regarding its delivery.
DELAYS IN DELIVERY BY THE FORWARDING AGENT
In the event of a delay in delivery compared to the deadlines indicated by the carriers, the customer should contact the carrier or, in the case of La Poste, the relevant post office as a matter of priority to check whether the parcel is ready for collection. If necessary, the customer can contact BODENSEE PHARMA GMBH customer service by telephone or e-mail to initiate a complaint or investigation and to arrange for the parcel to be investigated.
In the event of a delay in delivery compared to the delivery times announced by the carriers, the customer must first contact the carrier or, in the case of DHL, the relevant delivery office to see if the package is overdue. If necessary, the customer can contact BODENSEE PHARMA GMBH customer service by phone or e-mail to open a dispute or an investigation to carry out a search for the package.
If the package is found, it will be delivered immediately to the customer’s place of residence. If the package is not found, the customer may request a reshipment of the same product (within the availability times) at the expense of BODENSEE PHARMA GMBH or a refund of the amount paid. If the product(s) ordered are no longer available at that time, BODENSEE PHARMA GMBH will refund the amount for the products affected by the carrier’s loss.
Article 11 – RIGHT OF WITHDRAWAL, RETURN
If a delivered product does not completely satisfy the customer, he can return it to the operator.
In the context of distance selling (without the simultaneous physical presence of the parties), the customer has a period of fourteen days to exercise his right of withdrawal without having to pay any penalty, with the exception of the costs of returning the products concerned. This period runs from the day on which the customer receives the goods.
To exercise the right of withdrawal, the customer can request and complete the standard withdrawal form at the e-mail address kontakt@bodensee-cosmetics.com.
The operator will send the customer a confirmation of receipt of the withdrawal request by e-mail.
The customer can exercise his right of withdrawal by providing the operator with the following information:
- Last name, first name, physical address, telephone number and e-mail address, order number.
- withdrawal decision by means of a clear declaration (e.g. letter by post, fax or e-mail, provided that these details are available and therefore appear on the model withdrawal form). The customer may use the model withdrawal form, but is not obliged to do so.
The costs for the return shipment shall be borne by the customer.
BODENSEE PHARMA GMBH recommends that customers return their products by registered mail or with additional insurance that guarantees compensation for the products in the amount of their actual market value in the event of theft or loss of these goods. In any case, the return is at the customer’s risk. It is the customer’s responsibility to keep all proof of return. The cost of the return shipment is borne by the customer, who is free to choose the shipping method.
The returned products must be undamaged, in perfect condition for resale, in their original packaging and with all possible accessories. They must not have been worn or used, must not show any damage, however slight, and must be in a perfectly clean condition. Products that are damaged or incomplete or whose original packaging is damaged will not be refunded or exchanged.
The right of revocation may not be exercised for purchase contracts for the following goods and services:
- services which were provided in full before the expiry of the withdrawal period and the provision of which has already begun with the express prior consent of the consumer and his express waiver of the right of withdrawal;
- Supply of goods or services whose price depends on fluctuations in the financial market which are beyond the trader’s control and which may occur during the withdrawal period;
- Delivery of goods made to the consumer’s specifications or clearly tailored to personal requirements;
- Delivery of goods that can spoil quickly or whose expiration date will soon be exceeded;
- Goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- Delivery of goods that have been inseparably mixed with other items after delivery due to their nature;
- Delivery of audio or video recordings or computer software if these have been unsealed by the consumer after delivery;
- Delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for these publications;
- Delivery from a public auction;
- Delivery of digital content that is not delivered on a physical carrier and the execution of which has begun after the consumer’s express prior consent and the express waiver of his right of withdrawal.
The Operator shall reimburse the Customer for the Product within thirty (30) days of receipt of the Product and any components that enable the Customer’s refund to be processed. The refund may be made using the same means of payment used by the customer. In this context, the Customer who has paid for his order in the form of credit notes / gift vouchers may, at the will of the Operator, be reimbursed by credit notes / gift vouchers.
By accepting these General Terms and Conditions, the customer expressly acknowledges that he has been informed of the withdrawal modalities.
Article 12 – CUSTOMER SERVICE
The customer can contact the operator :
- by e-mail to the following address: kontakt@bodensee-cosmetics.com, stating his name, telephone number, the subject of his request and the number of the order in question.
Article 13 – HIGHER VIOLENCE
The operator cannot be held liable for the non-performance of the contract due to the customer or due to an event classified as force majeure by the competent courts or due to the unforeseeable and insurmountable event of a third party involved in the present conditions.
Neither party shall be in breach of its contractual obligations if their fulfillment is delayed, hindered or prevented by a fortuitous event or force majeure.
A fortuitous event or force majeure shall be deemed to be any unavoidable, unforeseeable, unavoidable fact or circumstance beyond the control of the parties which cannot be prevented by them despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten working days of becoming aware of them.
The two parties shall then meet within one month, unless this is not possible due to force majeure, to review the impact of the event and agree the conditions under which performance of the contract will continue.
If the force majeure lasts longer than three months, these General Terms and Conditions may be terminated by the aggrieved party.
Cases of force majeure or fortuitous events are expressly considered in addition to the cases usually accepted by the jurisprudence of the German courts and tribunals:
– Complete or partial strikes inside or outside the company, the blocking of transportation or supply means for any reason, government or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning;
– Failure of telecommunications networks or difficulties with the customer’s external telecommunications networks.
Article 14 – RESPONSIBILITIES AND WARRANTY
The Customer acknowledges that due to the characteristics and limitations of the Internet, the security, availability and integrity of data transmissions over the Internet cannot be guaranteed. Therefore, the Operator does not guarantee that the Website and its services will function without interruption or operational errors. In particular, their operation may be temporarily interrupted due to maintenance work, updates or technical improvements or for the further development of the content and/or presentation.
The Operator shall not be liable for the use of the Website and its services by Customers in breach of these General Terms and Conditions and for any direct or indirect damage that a Customer or a third party may suffer as a result of such use. In particular, the Operator cannot be held liable for false information provided by a Customer and his behavior towards third parties. Should the Operator be held liable as a result of such conduct by one of its Customers, the Customer undertakes to defend the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers’ fees, incurred in its defense.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the products are subject to the legal guarantee of conformity and the guarantee against hidden defects.
If you act within the scope of the legal guarantee of conformity:
- you can act within two (2) years from delivery of the goods;
- you can choose between repair or replacement of the goods, subject to the cost conditions of the Consumer Protection Act
- you are exempt from the burden of proof that the goods are non-conforming for twenty-four (24) months after delivery of the goods (except in the case of used goods).
You can make use of the guarantee against hidden defects in the goods sold. In this case, you can choose between canceling the purchase contract or reducing the purchase price.
The customer is expressly informed that BODENSEE PHARMA GMBH is not the manufacturer of the products offered on the website and is therefore not liable for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, the customer can only hold the manufacturer of the product liable on the basis of the information provided on the packaging of the product. Furthermore, the company points out that the products, services and information offered by BODENSEE PHARMA GMBH in no way replace the duty of supervision of adults.
BODENSEE PHARMA GMBH cannot be held liable if the legislation of the country to which the products are delivered is not complied with. It is the customer’s responsibility to check with the local authorities the import or use possibilities of the products or services you intend to order.
Article 15 – COMMERCIAL GUARANTEE
The commercial guarantee (contractual obligation of the manufacturer, in addition to its legal obligations regarding the guarantee of conformity of the products) is the subject of a written contract, a copy of which is given to the customer. The operator is only an information broker and does not offer a commercial guarantee for products from suppliers of brands other than its own brand BODENSEE PHARMA GMBH.
Article 16 – REFERENCES
The customer authorizes the operator to mention the customer’s name and logo as a reference in its communication materials (brochure, website, business proposal, press relations, press release, press kit, internal communication, etc.).
Article 17 – GENERAL PROVISIONS
ENTIRETY OF THE AGREEMENTS BETWEEN THE PARTIES
These General Terms and Conditions constitute a contract that governs the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator in relation to their subject matter. Should one or more provisions of these General Terms and Conditions be declared invalid in application of a law, regulation or following a final decision of a competent court, the remaining provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of one of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
AMENDMENT OF THE TERMS AND CONDITIONS
The operator reserves the right to change the content of the website or the services available on it at any time and without prior notice and/or to temporarily or permanently discontinue the operation of the website in whole or in part.
Furthermore, the operator reserves the right to change the location of the website on the Internet as well as these General Terms and Conditions at any time and without prior notice. The customer is therefore obliged to read these general terms and conditions before using the website.
The customer acknowledges that the operator cannot be held liable to him or third parties in any way for such changes, interruptions or terminations.
The Operator recommends that the Customer saves and/or prints these General Terms and Conditions and keeps them in a safe and permanent place in order to be able to refer to them at any time during the performance of the contract if necessary.
COMPLAINT – MEDIATION
In the event of a dispute, you should first contact the company’s customer service at the following contact details kontakt@bodensee-cosmetics.com.
If a complaint to customer service is unsuccessful or if this service does not respond within fifteen (15) days, the customer may submit the dispute between him and the operator regarding the order form or these GTC to a mediator.
The mediator shall, in complete independence and impartiality, attempt to bring the parties together in order to reach an amicable solution. The parties remain free to accept or reject recourse to mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
APPLICABLE LAW
These General Terms and Conditions are subject to German law and will be interpreted and applied accordingly.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The customer confirms that he has carefully read these General Terms and Conditions. By registering on the website, the customer confirms that he has read and accepts the General Terms and Conditions, whereby he is contractually bound by the terms of these General Terms and Conditions.
The general terms and conditions applicable to the customer are those available at the time of the order and of which the customer can obtain a copy on request with the date of that day.
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