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Terms of Service

Adessa GmbH
Sommerstraße 37a
92421 Schwandorf
Germany

- in here later referred to as provider -

1. Scope
(1) The services of the provider for the online shop www.adessa-cosmetics.de are offered exclusively according to the following version of the terms of service at the moment of placing the order.
 
(2) Our terms of service apply exclusively. Differing terms of service of the orderer only apply if we explicitly agree to them.


2. Conclusion of the contract
(1) Our offers represent a non-binding proposal towards the customer to order products. By submitting the order, the customer makes a binding proposal to conclude a contract.

(2) The confirmation that the order has been placed follows immediately after submitting the order and does not yet represent an acceptance of the order. We may accept the order by sending an order confirmation by e-mail within 2 days.


3. Payment, default
(1) Prices are as displayed on our website at the moment of placing the order. All prices are including VAT and the individually displayed shipping costs.

(2) Payment for online orders is possible by direct deposit, cash in advance, Pay Pal or cash on delivery. Payment on collection may take place in cash or by credit card.

(3) If the orderer defaults in payment, we are entitled to claim default interests 5 percent points above the basic interest rate of the European Central Bank. If we claim higher default interests, the orderer may prove that the claimed default damage has either not occurred at all or is significantly lower.


4. Reservation of title
The delivered products remain our property until complete payment.


5. Delivery
(1) Delivery takes place within 5 days after receipt of the order, in case of payment in advance, 5 days after receipt of payment. Possible differing delivery periods are displayed on the individual product site. The beginning of the stated delivery period requires the due fulfilment of the customer‘s duties, particularly the correct specification of delivery address.

(2) If the provider is not able to deliver the ordered product without his/her fault because the provider’s supplier does not fulfil his/her duties, the customer will be informed immediately that the products are not available. Already performed services of the customer will be refunded immediately. Statutory rights to further claims remain unchallenged.

(3) Towards entrepreneurs the risk of impairment or loss of the delivery item transfers in the moment of handing over the product to the forwarding agent.


6. Default of acceptance
(1) If the customer defaults in acceptance or culpably violates other obligations to co-operate, we are entitled to claim compensation for damages resulting from the default, including possible additional expenses. Further extended claims are reserved.

(2) In case of default of acceptance we are entitled to charge interests. The default interest rate is 5 percent points per annum. In case of legal transactions between entrepreneurs, the default interest rate is 8 percent point above the basic interest rate.

(3) The customer may reserve the right to prove that amount of the claimed damage has either occurred not at all or is significantly lower. The risk of accidental loss or accidental impairment of the product is transferred to the customer in the moment the customer defaults in acceptance.


7. Guarantee
(1) In case of defects the customer may choose whether the supplementary performance takes place by rectification of defects or by replacement delivery. However, we are entitled to reject the proposed method of supplementary performance if it would results in disproportionately high costs and if the other method of supplementary performance would be without significant disadvantages for the customer.

(2) If the supplementary performance fails or has been completely rejected by us, the customer is entitled to claim a reduction of the price or may withdraw from the contract. The right to further damage claims of the customer remain unchallenged.

(3) If the customer is an entrepreneur according to Sec. 14 German Civil Code (BGB), the following agreement concerning warranty claims applies:
Obvious defects must be reported to the provider in writing immediately, not later than 14 calendar days after delivery; hidden defects must be reported in writing immediately, not later than 14 calendar days after discovery of the defects. If the defects are reported not within the above mentioned period, warranty claims of the customer are excluded. The exclusion does not apply if the provider fraudulently concealed the defects or has taken over a guarantee, accordingly. Guarantee claims expire one year after delivery of the merchandise.


8. Costs of return shipment in case of withdrawal
You bear the regular costs for the return shipment if the delivered products are identical with the ordered products and if the price of the returned products does not exceed 40.00 Euro, or if you have not yet reciprocated or paid an agreed part payment in case of prices above 40.00 Euro. Otherwise the return shipment is free of charge.

9. Limitation of liability
(1) In case of slightly negligent violation of duties, the liability of the provider and his/her vicarious agents is limited to the typical, foreseeable average damage with respect to the nature of the product. We and our vicarious agents are not liable for negligent violations of only minor contractual duties which do not jeopardise the fulfilment of the contract.

(2) The above mentioned limitations of liability do not apply in case of claims resulting from product liability or warranty as well as in case of harm to body and health or death.


10. Data protection
We treat your personal data confidential and according to legal data protection regulations. A transmission of your data to third parties does not take place without your explicit permission or only within the scope of fulfilling the contract, respectively, such as transmission of data to the company in charge with the delivery.


11. Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies under exclusion of the CISG law, if this choice of applicable law does not violate obligatory consumer protection rights of the consumer.

(2) If the contractual partners are salesmen, place of jurisdiction is Schwandorf, unless an exclusive place of jurisdiction has been constituted for legal disputes. This also applies if the customer has no residence within the European Union.

12. Complaints Procedure: 
We are neither obligated nor willing to participate in any dispute resolution procedure before a consumer mediation agency.


In the event that you are a consumer (not a business owner) you are advised of the option of out-of-court dispute resolution in accordance with Art. 14 of EU Regulation No. 524/2013 – ODR Regulation.

Details are contained in the said Regulation and at http://ec.europa.eu/consumers/odr.
Our address is shown in our masthead. We are neither obligated nor willing to submit to any dispute resolution procedure.


13. Final Regulation
If a single regulation of the contract is invalid or unenforceable, the validity of other regulations of this contract remains unchallenged.

 

* for standard shipping in Germany, further informationen about delivery time for express shipping, for delivery to any other countries and for calculation of time of delivery you can find at the website adessa-cosmetics.de, shipping information.

 

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