General conditions of sale
These terms and conditions of sale apply to purchase contracts concluded online via the web shop at the internet address www.klotz-labs.com (hereinafter "web shop") between KLOTZ LABS Kosmetikmanufaktur GmbH, Liebigstrasse 14, 85757 Karlsfeld (hereinafter "KLOTZ LABS" or "we", "us", "our") and the customers named in section 1 of the terms and conditions of sale.
Please read these terms and conditions of sale carefully before placing an order in our webshop.
1. SCOPE
1.1 The following terms and conditions of sale in the version valid at the time of the order apply exclusively to the business relationship between us and you as a customer (hereinafter "customer" or "you"). You can download the text of the terms and conditions of sale to your computer or print it out.
1.2 Any terms and conditions of the customer that deviate from, supplement or contradict these terms and conditions of sale will not be accepted unless we expressly agree to their validity in writing. This also applies if we carry out the delivery without objection despite being aware of the customer's terms and conditions.
1.3 The customer is a consumer if the purpose of the deliveries and services cannot be attributed to his commercial or independent professional activity (Section 13 of the German Civil Code). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (Section 14 of the German Civil Code).
1.4 We do not offer any goods for purchase by minors. Our goods can only be purchased by adults. If you are under 18, you may only use our web shop with the involvement of a parent or guardian.
2. CONCLUSION OF CONTRACT
2.1 All offers from KLOTZ LABS are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
2.2 A contract between you and us is concluded as follows:
2.2.1 You can select products from our range and collect them in a virtual shopping cart using the “Add to cart” button.
2.2.2 You can view and change the contents of your shopping cart at any time by clicking on the corresponding icon.
2.2.3 To continue the ordering process, click on the "Checkout" button and enter your personal details. As part of the ordering process, you also have the option of creating a personal customer account. To do this, follow the further instructions and requests.
2.2.4 By clicking the button "order with payment" or "order with payment" you submit a binding offer to conclude a purchase contract for the goods last in the shopping cart. Before submitting the order you have the opportunity to check your order again and, if necessary, change or cancel it. You can also cancel the ordering process at any time by closing your Internet browser. However, your order can only be placed and transmitted if you accept these terms of sale by clicking on the button "Accept terms of sale" and have thereby included them in your offer to purchase the goods.
2.3 After completing the ordering process and submitting your order, we will confirm receipt of your order by email. This automatically generated confirmation of receipt will list the details of your order again. It merely documents that we have received your order, but does not constitute acceptance of your offer.
2.4 A contract is only concluded when we accept your offer either in an order confirmation sent by post, email or fax or when we deliver the ordered goods.
2.5 We are not obliged to accept your purchase offer. If your order is sent in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the goods listed in the respective shipping confirmation.
2.6 We only sell all products in household quantities. This refers both to the number of products ordered in one order and to placing multiple orders for the same product where each order contains a household quantity.
2.7 You may not disclose the password for your customer account to third parties. If you disclose the password, you will be liable for orders placed by a third party and any resulting claims if that third party orders via your customer account.
3. DELIVERY, AVAILABILITY OF GOODS
3.1 We generally deliver worldwide, but reserve the right to refuse orders from certain countries outside the European Union at our own discretion. This applies in particular to regions to which our shipping service provider cannot guarantee successful delivery or where delivery is only possible under unreasonable conditions for us for other reasons.
3.2 Within Germany, your order will be delivered within 1-2 working days, provided we have the product you ordered in stock. Public holidays affect the delivery time of your order and lead to a delay in delivery.
3.3 We naturally always endeavour to ensure that the goods displayed in our web shop are sufficiently available. However, we ask for your understanding that there may be shortages of individual products, particularly in the case of overlapping orders, and we cannot therefore guarantee availability at all times. If a product is temporarily unavailable, we will inform you of this in the order confirmation - if necessary, specifying the new delivery time. If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In doing so, we will immediately refund any payments you have already made. If the goods are permanently unavailable, we will refrain from accepting the order. In this case, no contract is concluded.
3.4 We are entitled to make partial deliveries if this is reasonable for you based on a balance between your interests and ours. Partial deliveries are sent at our risk. The risk for the items delivered passes to you upon receipt of each partial delivery. If we are in default with outstanding partial deliveries or are unable to make outstanding partial deliveries, you are entitled to withdraw from the contract in its entirety or to demand compensation for non-fulfillment of the entire obligation whenever the partial delivery is not of interest to you.
4. PRICES AND SHIPPING COSTS
4.1 All prices stated in our webshop are in EURO including the applicable statutory sales tax.
4.2 We offer free shipping for orders of goods valued at EUR 30.00 or more. The order value is the subtotal less any discounts and other benefits.
4.3 If we fulfil your order by partial deliveries in accordance with clause 3.4, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4.4 The goods will be shipped via UPS, or, if necessary, by another shipping service provider within and outside Germany. We bear the shipping risk if you are a consumer.
5. PAYMENT METHODS
5.1 You generally have the option of paying by invoice, Amazon Payments or PayPal. However, we reserve the right to reject a payment method you have chosen and to make delivery dependent on another payment method. If you refuse to pay using the payment method we have chosen, we are entitled to withdraw from the contract.
5.2 Payment of the purchase price is due immediately upon conclusion of the contract. Your account will be debited at the next possible date, depending on the payment method selected.
5.3 When paying with Amazon Payments or PayPal, you will be automatically redirected to the website of the respective provider during the order process. There you can log in with your login details and then confirm the payment. The debit will be made by credit card, direct debit, credit or Giropay - depending on which payment method you have stored there. Payment with PayPal credit is also possible. If you do not yet have a PayPal or Amazon account, you can create a corresponding account on the provider's website.
5.4 If the invoice amount is rejected by the account-holding institution in the case of payment with Amazon Payments or PayPal or is not paid within 30 days of the invoice date, you will automatically be in default. Even without further reminder, you will then be obliged to pay the statutory default interest of five (5) percentage points above the respective base interest rate announced by the European Central Bank and any further damages caused by the delay, in particular any further collection costs. In any case, however, you reserve the right to prove that no or less damage has been incurred.
6. RIGHT OF WITHDRAWAL AND EXCLUSION/EXPIRY OF THE RIGHT OF WITHDRAWAL
6.1 If you are a consumer, you have a right of cancellation in accordance with the statutory provisions. The provisions applicable to the right of cancellation are set out in detail in the following cancellation policy.
6.2 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods or, in the event that your order is delivered in separate shipments, from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (KLOTZ LABS Kosmetikmanufaktur GmbH, Liebigstrasse 14, 85757 Karlsfeld, Phone: +49 (0) 8141 315 8200, Fax: +49 (0) 8141 315 8299, hallo@klotz-labs.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to 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 ... us or to [if applicable, insert the name and address of the person authorized by you to receive the goods] promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
6.3 Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
At
KLOTZ LABS Cosmetics Manufacture GmbH
Liebigstrasse 14
85757 Karlsfeld
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/the provision of the following service:
.................................................................................................
.................................................................................................
(Name of the product, order number and price if applicable)
Goods ordered on: ............................. Date
Goods received on: ............................. Date
Name of consumer(s): .............................
Address of the consumer(s): .............................
Date: .............................
....................................................
Signature
(only with written revocation)
6.4 THE RIGHT OF WITHDRAWAL DOES NOT EXIST OR EXPIRES FOR THE FOLLOWING CONTRACTS:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
6.5 If free extras (e.g. bonus items or free samples) are included in a delivery, these must be returned in full in the event of cancellation.
6.6 The refund will be made to the account you used to pay. If you pay by invoice, the refund will be made to the account from which the transfer was made. If you pay with Amazon Payments or PayPal, the payment will be credited to the customer account held with the respective provider.
7. OUR SATISFACTION GUARANTEE
7.1 For all purchases of our products, we grant you a voluntary right of return of 7 days from receipt of the goods, regardless of the statutory right of cancellation, even if you have removed the seal on the product and used the product. With this right of return, you can withdraw from the contract by returning the goods to us within 7 days of receipt (the period begins on the day after receipt of the goods), specifically to the address below. Timely dispatch is sufficient to meet the deadline.
If you wish to return an item, you can use the return label included with your order. If you have any further questions about the right of return, please feel free to contact us.
Please send articles to:
KLOTZ LABS Cosmetics Manufacture GmbH
Liebigstrasse 14
85757 Karlsfeld
7.2 If you exercise your voluntary right of return, the refund will be made to the account you used to pay. If you pay by invoice, the refund will be made to the account from which the transfer was made. If you pay with Amazon Payments or PayPal, the payment will be credited to the customer account held with the respective provider.
7.3 Your statutory right of cancellation (see section 6) is not affected by compliance with our rules on the additional contractually granted (voluntary) right of return and remains in effect regardless of this. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you retain without restriction.
8. RESERVATION OF TITLE
The delivered goods remain our property until full payment has been made. If you breach the contract, in particular if you are late with payment, we are entitled to take back the delivered goods after setting a reasonable deadline; you are obliged to hand them over.
9. WARRANTY FOR MATERIAL DEFECTS, GUARANTEE
9.1 We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by us is 12 months.
9.2 If the goods are defective, we will provide subsequent performance within a reasonable period of time, i.e. either a replacement delivery or the removal of the defects. If the subsequent performance you have chosen is only possible at disproportionate expense, we are entitled to provide subsequent performance in another form. The costs required for subsequent performance will be borne by us. If we are unable to provide subsequent performance, you have the right to cancel the purchase or reduce the purchase price.
9.3 Defective goods must be returned to us unless you have decided to reduce the purchase price.
9.4 The product images do not always have to match the appearance of the goods delivered. In particular, changes in the appearance and features of the goods may occur after product range renewals. Claims for defects do not apply insofar as the changes are reasonable for you.
9.5 The costs for return in case of a defect shall be borne by us.
9.6 An additional guarantee for the goods delivered by us only exists if this was expressly stated in the order confirmation for the respective article.
10. COMPENSATION
10.1 Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer due to injury to life, body or health or due to the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are 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 fulfillment is necessary to achieve the purpose of the contract.
10.2 In the event of a breach of essential contractual obligations, we shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
10.3 The restrictions in clauses 10.1 and 10.2 also apply to the benefit of the legal representatives and vicarious agents of KLOTZ LABS if claims are asserted directly against them.
10.4 The provisions of the Product Liability Act remain unaffected.
10.5 All instructions on the packaging and instructions for use must be observed. No liability is accepted for any use and/or handling that deviates from these instructions.
11. INFORMATION ON DATA PROCESSING
11.1 We collect data from you as part of the processing of contracts. In doing so, we observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without your consent, we will only collect, process or use inventory and usage data about you to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. In particular, we will not use your data for the purposes of advertising, market or opinion research without your consent.
11.2 Further details regarding the processing and use of your personal data when using our web shop can be found in our privacy policy.
12. FINAL PROVISIONS
12.1 Contracts between us and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 Unless the customer is a consumer, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is Munich.
12.3 Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.
12.4 We reserve the right to change the terms and conditions of sale at any time with future effect. The latest version of these terms and conditions can be viewed at www.klotz-labs.com at any time.