General Terms and Conditions (T&Cs)
DRTJ Organic Cosmetics GmbH
Last updated: March 1, 2020
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “T&Cs”) apply to all contracts concluded via the online shop www.undgretel.com between DRTJ Organic Cosmetics GmbH and customers who are
- consumers or
- entrepreneurs (but only as end customers)
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their self-employed professional activity.
(3) An entrepreneur is a natural or legal person or a partnership with legal capacity which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
(4) The version of the General Terms and Conditions valid at the time of the order is definitive.
§ 2 Acknowledgment of the General Terms and Conditions
(1) The customer acknowledges that they have read and agree to these T&Cs as soon as they enter an order.
(2) The inclusion of any general terms and conditions or contractual conditions of the customer which deviate from these terms and conditions will be rejected, unless they are explicitly accepted by DRTJ Organic Cosmetics GmbH.
§ 3 Orders and conclusion of contracts
(1) The presentation of the products in the online shop is not a legally binding offer, but instead an invitation to order. The customer can choose products from the assortment of DRTJ Organic Cosmetics GmbH and gather them in a “shopping cart” by clicking the “Add to cart” button. By clicking the “Buy Now” button, the customer submits a binding order of the goods contained in the shopping cart and an offer to conclude a purchase contract.
(2) The receipt of the order is confirmed by an automatic email. The automatic confirmation of receipt of the order does not constitute an acceptance of the customer's offer. It only documents that the customer's order has been received by DRTJ Organic Cosmetics GmbH.
(3) As soon as the ordered goods are dispatched, the customer will receive another confirmation by email. The purchase contract is only concluded when this written confirmation of the dispatch of the goods is sent.
(4) If, at the time of the order, the product selected by the customer is permanently unavailable, DRTJ Organic Cosmetics GmbH will inform the customer immediately in a separate email. DRTJ Organic Cosmetics GmbH will then refrain from accepting the order.
In this case, no contract is concluded.
(5) If the product designated by the customer in the order is only temporarily unavailable, DRTJ Organic Cosmetics GmbH will likewise inform the customer immediately in the order confirmation. In the case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, DRTJ Organic Cosmetics GmbH is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.
(6) The contractual partner is DRTJ Organic Cosmetics GmbH Torstr. 177 10115 Berlin, Germany.
(7) The contract is concluded in the German/Englisch language.
§ 4 Section 4 Customer account (online account) and password
(1) Orders can be placed on our website both with a customer account (online account) and without a customer account, as a guest.
(2) When ordering with a customer account (online account), it is necessary to enter a user name and a password. This information must not be given to third parties. In the event of disclosure, the registered user (customer) shall be responsible for the orders placed using their data (user name, password) and any resulting claims.
§ 5 Storage of the contract text
(1) When ordering with a customer account (online account), the text of the contract and the customer's entered information during the ordering process, together with the version of the T&Cs valid at the time of ordering and customer information, are stored by DRTJ Organic Cosmetics GmbH and can be viewed by the customer in their customer account (online account).
(2) For orders without a customer account (online account), no contract text is stored.
(3) Independent of this, DRTJ Organic Cosmetics GmbH sends an order confirmation and the version of the T&Cs and customer information valid at the time of the order to the email address given by the customer.
§ 6 Right of withdrawal / cancellation
As a consumer, you have the right to cancel this contract within fourteen days without giving a 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. In the case of a contract for several goods which you have ordered in a single order and which are delivered separately, 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 final good.
In order to exercise your right of cancellation, you must inform us
DRTJ Organic Cosmetics GmbH
Torstraße 177, 10115 Berlin
Customer Service: +49 30 31196190
B2B / dealer inquiries: +49 30 31196358
of your decision to withdraw from this contract by means of a clear statement (for example, an email, fax, or letter sent by post).
You can use our sample order cancellation form for this (though it is not required that you do so). In order to comply with the withdrawal period, it is sufficient that you send the notification that you intend to exercise your right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we shall refund to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this agreement. For this refund, 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 for this refund. We may refuse to pay the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to the following address immediately and within fourteen days at the latest from the day you informed us of the cancellation of this contract:
DRTJ Organic Cosmetics GmbH
Torstraße 177, 10115 Berlin, Germany
The deadline is met if you send the goods before the end of this fourteen-day period. You bear the direct costs of returning the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery.
End of the withdrawal policy
§ 6 does not apply to entrepreneurs.
§ 7 Prices and shipping costs
(1) All prices are total prices; they include packaging costs and the statutory value-added tax (VAT).
(2) Delivery within Germany is free of shipping costs.
Otherwise, the respective valid sales tax is included in the shipping costs. The shipping costs are clearly indicated in the shopping cart system and on the order page.
§ 8 Delivery; availability
(1) Unless otherwise agreed, delivery will be made to the address provided by the customer.
(2) We deliver to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Iceland, Liechtenstein, Montenegro, North Macedonia, Norway, Switzerland, Bahrain, Brunei, China, Israel, Japan, Qatar, Kuwait, Maldives, Philippines, Singapore, South Korea, Taiwan, United Arab Emirates, Morocco, South Africa, United States Minor Outlying Islands, Anguilla, Antigua And Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, Virgin Islands, British, Costa Rica, Curaçao, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Cayman Islands, Cuba, Martinique, Montserrat, Nicaragua, Panama, Sint Maarten, Saint Barthélemy, Saint Kitts And Nevis, Saint Lucia, Saint Martin, Saint Pierre And Miquelon, St. Vincent, Trinidad and Tobago, Turks and Caicos Islands, Argentina, Bolivia, Bonaire, Sint Eustatius and Saba, Brazil, Chile, Ecuador, Falkland Islands (Malvinas), French Guiana, Guyana, Colombia, Netherlands Antilles, Paraguay, Peru, Suriname, Uruguay, Venezuela, Australia, Cook Islands, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Norfolk Island, Papua New Guinea, Pitcairn, Solomon Islands, Samoa, Timor Leste, Tokelau, Tonga, Tuvalu, Vanuatu, Wallis And Futuna, French Southern Territories, Heard Island And Mcdonald Islands, South Georgia And The South Sandwich Islands, Canada, Mexico, United States.
(3) The estimated delivery time is displayed directly in the shopping cart. The delivery time starts one day after the dispatch confirmation has been sent. If the order is placed on a Saturday, Sunday, or public holiday, the delivery time begins at the end of the next subsequent working day.
(4) If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you.
(5) If the customer is a consumer, the risk of accidental destruction, accidental damage, or accidental loss of the delivered goods shall be transferred to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
§ 9 9 Retention of title
The delivered goods remain the property of DRTJ Organic Cosmetics GmbH until payment is complete. Prior to transfer of ownership, pledging, transfer by way of security, processing, or modification is not permitted without our consent.
§ 10 Terms of payment
(1) DRTJ Organic Cosmetics GmbH accepts the following payment methods: Direct debit, PayPal, credit card (Visa, Mastercard), instant bank transfer, and AmazonPay.
(2) For payment by direct debit, DRTJ Organic Cosmetics GmbH is authorized to collect the price specified in the order overview from the customer's bank account after the customer has granted a direct debit authorization. The customer must ensure that there are sufficient funds in the bank account. DRTJ Organic Cosmetics GmbH is to be informed immediately about any changes to the bank account information. The customer bears any costs arising from a reversal of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank account information.
(3) When paying by credit card, your credit card will not be charged until the order is completed. (4) PayPal – The customer pays the invoice amount via the online provider PayPal. The customer must be already registered there or register first. After legitimation with the access data, the customer may confirm the payment order to us.
(5) Instant bank transfer – The purchase price will be debited from your account when the order is completed.
(6) The statutory default regulations apply.
§ 11 Warranty
(1) The statutory rights of liability for defects apply.
(2) The following only applies to entrepreneurs: The customer must carefully examine the goods immediately after receiving them. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.
§ 12 Disclaimer
(1) Claims for damages of the customer against DRTJ Organic Cosmetics GmbH are excluded, insofar as DRTJ Organic Cosmetics GmbH or its vicarious agents have not acted deliberately or with gross negligence.
(2) Liability for damages resulting from injury to life, body, and health, for negligent or intentional violation of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or due to “Essential contractual obligations” are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely
§ 13 Right to set-off
The customer is not entitled to set off against our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to set off against our claims if the customer asserts notices of defects or counterclaims from the same purchase contract.
§ 14 Data privacy
§ 15 Amendment of the General Terms and Conditions / right of modification
We are entitled to unilaterally amend these General Terms and Conditions of Business to the extent that this is necessary to eliminate any subsequently arising problems of equivalence or to adapt to changed legal or technical conditions. We will inform the customer about any changes by sending the contents of the changed regulations to the last known email address of the customer. The change becomes part of the contract if the customer does not object in writing or in text form to its inclusion in the contractual relationship within six weeks of receipt of the notification of change.
§ 16 Severability clause
If any provision of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions.
§ 17 Applicable law; place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG)
(2) If the customer is a merchant in the sense of Section 1(1) of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.