GENERAL TERMS AND CONDITIONS
§ 1 GENERAL
These terms and conditions govern the relationship between Zone Germany GmbH (hereinafter referred to as "Zone Germany") and users of the online shop Ovallskincare.de (hereinafter referred to as "Member").
a) when using the Internet presence provided at www.ovallskincare.de (hereinafter referred to as the "Website"); and
(b) the sale of goods (the "Goods") by Zone Germany through the Website.
Zone Germany is registered in Germany in the Commercial Register of the Local Court of Munich under the registration number HRB 222372. The company's registered office is at Gallmayerstr. 12, 81669 Munich. The sales tax identification number is DE 304379990.
In the case of business relations with Zone Germany, these General Terms and Conditions of Business and the other provisions expressly stated therein shall apply exclusively.
The current version of the General Terms and Conditions can be downloaded and printed at www.ovallskincare.de/pages/agb .
Zone Germany is entitled to amend these General Terms and Conditions in accordance with § 18.
Zone Germany requires that you read these Terms and Conditions before using the Website or ordering any goods. If you do not understand any part of these Terms and Conditions, please contact Zone Germany firstname.lastname@example.org for clarification.
Please note that by using the website, in particular by ordering a product, you agree to the General Terms and Conditions. In the event that you do not agree to these terms and conditions, you are prohibited from using this website and in particular from ordering goods.
§ 2 DATA PROTECTION
The protection of your privacy is a high priority for Zone Germany. As part of the use of ovallskincare.de, it is necessary to store and process personal data.
§ 3 MEMBERSHIP
Zone Germany operates an online shop at www.ovallskincare.de .
Everyone has access to this online shop.
Only persons with full legal capacity are allowed to shop.
Creating an account is free of charge.
Visitors to the site are not obliged to order goods or recruit new members.
The member undertakes to use the website in accordance with these General Terms and Conditions. The access data must be kept secret. If you believe that your access data is being used by third parties, please inform us immediately and change your password.
§ 4 TERM OF CONTRACT/TERMINATION
Membership shall be for an indefinite period.
The member is entitled to terminate the account at any time without giving reasons with immediate effect.
Zone Germany may terminate the account without notice at any time without giving any reason.
The termination has no effect on orders already placed. Any rights of withdrawal and revocation of the member remain unaffected by the termination.
Should a Member object to the Terms and Conditions or any part thereof, his/her membership shall automatically terminate upon Zone Germany's receipt of the objection.
§ 5 CONCLUSION OF THE CONTRACT
The presentation of the order option in the online shop does not constitute a binding offer of sale by Zone Germany.
The order of the member is a binding offer according to § 145 BGB.
As a rule, Zone Germany sends a confirmation of receipt to the Member by e-mail immediately after the Member has submitted an order (hereinafter referred to as "purchase offer"). For all possible payment methods, with the exception of purchase on account, the purchase is concluded upon receipt of the confirmation by the member. If the Member has selected the payment method purchase on account, the purchase contract is only concluded at the time of receipt of the shipping confirmation. In this case, the confirmation email following the order only documents that the order has been received by Zone Germany.
Zone Germany is not obliged to accept offers to purchase from the Member and may refuse acceptance at any time without giving any reason. In this case, Zone Germany will immediately inform the Member of the non-acceptance of the offer by email.
If the price quoted on the Website is incorrect, Zone Germany will immediately inform the Member by email in accordance with Section 9(3) and will not proceed with the purchase. If the Member has already paid the purchase price, Zone Germany will refund the amount in full.
Goods are only sold in household quantities.
§ 6 CANCELLATION POLICY
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal 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 last goods.
To exercise your right of withdrawal, you must send us
Zone Germany c/o Sabeder, Gallmayerstr. 12, 81669 Munich, Germany
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, 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 repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
The shipping costs are to be borne by the buyer in the event of revocation.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
Zone Germany GmbH c/o Sabeder, Gallmayerstr. 12, 81669 Munich, Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
§ 7 HANDLING OF THE RETURN
Before returning the goods, they must be packed securely and carefully. If a product cannot be packed appropriately, please contact us to arrange for us to collect it.
Send the articles to:
Zone Germany Gmbh
§ 8 PRICES AND SHIPPING COSTS
The prices shown by Zone Germany include the statutory value-added tax and shipping costs.
The final price including shipping costs is indicated with every order.
We endeavour to ensure that the prices quoted reflect the correct purchase price at the time of inclusion on the website. However, our website contains a large number of different goods and, despite all due care, it is possible that some goods may be incorrectly priced. If we discover an error in the pricing of goods ordered, we will inform the Member and give them the option of either purchasing the goods at the correct price or cancelling the order. Zone Germany will not proceed with the transaction until instructed to do so by the Member. In the event that contact cannot be made within a reasonable time, Zone Germany will cancel the order.
§ 9 PAYMENT
Payment of the purchase price can be made by credit card, PayPal or debit of vouchers. Zone Germany accepts VISA, MasterCard and American Express credit cards. The Member is liable for any additional costs incurred due to his/her fault in the use of the respective chosen means of payment, for example due to return debit notes.
In case of payment by credit card, the purchase price will be debited by Zone Germany after receipt of the order.
In the case of payment by SEPA direct debit, the payment will be debited at the earliest on the next bank working day after receipt of the order. A bank working day may also be a public holiday under certain circumstances. The advance notice period for a SEPA direct debit is one day and is given with the order confirmation. Zone Germany must be notified immediately of any cancellation of the SEPA mandate by the account holder prior to the direct debit. Costs incurred in connection with invalid mandates for which the member or the account holder is responsible shall be borne by the member and the account holder.
In case of payment by means of Ovallskincare vouchers, the following conditions apply:
Purchased vouchers are redeemable until the end of the third year after the date of purchase;
Vouchers will not be paid out in cash;
If an order is returned for which a purchased voucher was used, the member will receive a return voucher in the corresponding amount;
A maximum of one voucher can be redeemed per order;
§ 10 DELIVERY
Delivery takes place worldwide.
Zone Germany usually carries out the shipping of goods through Deutsche Post. The delivery time is a maximum of up to five days after receipt of the order within Germany.
For delivery, a delivery address must be provided to which the goods can be delivered during normal business hours. The delivery process is completed as soon as the goods are delivered to the specified address.
§ 11 WARRANTY
The statutory warranty rights apply with the exception of claims for damages and reimbursement of expenses. Restrictions to this are regulated in detail under § 14.
If Zone Germany grants special guarantees, the statutory warranty rights remain unaffected.
Zone Germany does not warrant that the website will be uninterrupted, secure or error-free at all times.
§ 12 PRODUCTS ON THE WEBSITE
The product images on the website are for illustrative purposes only. Although we do our best to reproduce the colours accurately, we cannot guarantee that your monitor will reproduce these colours accurately. The products supplied may therefore differ slightly from the images used.
The packaging of the goods may differ from that shown in the images on the website.
§ 13 LIABILITY
Zone Germany shall be liable without limitation for damage caused by it, by its legal representatives or by Zone Germany's vicarious agents arising from injury to life, body or health (personal injury) and for all damage caused intentionally or by gross negligence.
Zone Germany is liable without limitation in the event of fraudulent concealment of defects and in the event of the assumption of a guarantee of quality.
Zone Germany is only liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is breached. Material contractual obligations are those obligations that protect the customer's material contractual obligations, which the contract is precisely intended to grant him according to its content and purpose; furthermore, material obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer has regularly relied or may rely, e.g. Zone Germany must hand over the item to the customer free of material defects and defects of title and procure ownership of it. In these cases, however, the liability is limited to the amount of damages that are foreseeable and typical for the contract at the time of the conclusion of the contract.
Any statutory strict liability and the provisions of the Product Liability Act shall remain unaffected by the above limitation of liability.
Zone Germany shall not be liable for any delay or breach of contract if the delay or breach is caused by force majeure and is beyond Zone Germany's reasonable control. Events beyond Zone Germany's control include, but are not limited to, strikes, lockouts or other industrial events, civil commotions, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake , landslides, epidemics or other natural disasters or failures of private or public telecommunications networks, rail, sea freight, air freight, freight forwarding or other public or private transportation.
Due to the nature of the internet and the associated technology by which the website is provided, it can only be provided on an "as available" and "as is" basis. This means that we cannot promise that the use of the Website will be uninterrupted, delayed or error-free or that it will meet your expectations. Similarly, we cannot guarantee the accuracy, timeliness, availability, correctness or completeness of the information contained on the Website (although we do our best to achieve this).
§ 14 DISCLAIMER FOR EXTERNAL LINKS
Zone Germany provides links to third-party websites on its website and declares that it has no influence on the design or content of the linked pages. Zone Germany therefore expressly distances itself from all content of all linked third-party sites. Zone Germany does not adopt the contents of the linked sites as its own. This declaration applies to all links on the website and to all content of the pages to which the links refer.
§ 15 RESERVATION OF OWNERSHIP
The goods remain the property of Zone Germany until the purchase price has been paid in full.
§ 16 COPYRIGHT
The use by the Member of all copyrighted material used and displayed by Zone Germany on the Website is permitted for private use only. Third party copyrighted material used by Zone Germany to display the goods it offers may not be used by the Member for his or her own purposes to the extent that this exceeds private use.
§ 17 ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find at www.ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. If you have any questions or problems, you are welcome to contact us directly at .
§ 18 CHANGES TO THE GENERAL TERMS AND CONDITIONS
Zone Germany is entitled to make changes to the General Terms and Conditions. Zone Germany will only make these changes for good cause, in particular due to changes in the law, legal requirements or other important reasons.
The current General Terms and Conditions at the time of the order apply to every purchase.
Zone Germany will record the date of any revision to these Terms and Conditions at the beginning of the Terms and Conditions. Where possible and necessary, Zone Germany will notify Members of significant changes to any text referred to in these Terms and Conditions. Zone Germany will notify Members via the Website (for example, by asking whether the changes are accepted before proceeding with the purchase) or by email.
§ 19 JURISDICTION
In business transactions with merchants and with legal persons under public law, it is agreed that Munich shall be the exclusive place of jurisdiction for all legal disputes, including those relating to tortious claims.
§ 20 SEVERABILITY CLAUSE
Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by the statutory provisions.
§ 21 RIGHTS
If you do not agree to these terms and conditions, and if Zone Germany does not respond immediately to any claim, Zone Germany does not waive any rights. Zone Germany reserves the right to assert its claims in the future.
These rules apply between Zone Germany and its members. Third parties cannot derive any claims from this.
You hereby agree that Zone Germany may assign your rights and obligations under these Terms and Conditions to third party companies without affecting your rights and obligations.
The Member may not assign its rights or obligations under these Terms and Conditions to any third party without the written consent of Zone Germany.
§ 22 APPLICABLE LAW
In the event of legal disputes, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the European Union, the law of the end consumer's place of residence shall also be applicable insofar as it is mandatory under consumer law.
§ 23 CONTACT, FEEDBACK AND COMPLAINTS
If you wish to contact Zone Germany in relation to these Terms and Conditions or any documents referred to herein, please write to: Zone Germany GmbH c/o Sabeder, Gallmayerstr. 12, 81669 Munich or send an e-mail to: email@example.com
Zone Germany is happy to hear from you and is always interested in improving its service and offerings. By sharing your feedback, you agree to Zone Germany using your suggestions free of charge.
If Zone Germany needs to contact you, it will do so by email or in writing to the address you have provided.