Terms and Conditions

Terms of Service

Cosmetic salon Magnolia & BioKosmetik Vegan Berlin.de
Owner: Ludmila Kunz

Sales manager Herr Manfred Kunz

Parchimer Allee 37
12359 Berlin
Tel .: + 49 601 70 37
Email: KS-Magnolia@online.de

- hereinafter referred to as provider -

§ 1 scope

(1) The following General Terms and Conditions (GTC) apply to the sale and dispatch of goods from our online shops at
http://www.kosmetiksalon-magnolia.de and https://bio-kosmetik-vegan-berlin.de.

(2) Our general terms and conditions apply exclusively. Any terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.

§ 2 conclusion of contract

(1) Our offers on the Internet are only a non-binding invitation to the customer to order goods.
(2) You can order goods from our online shop directly via the online shop or by e-mail.
(3) If you want to buy products directly from our online shop (online order), you can place them in the shopping cart and place a binding order for the selected products from us. You only place a binding order for the purchase of the goods in the shopping cart when you have accepted the validity of our general terms and conditions by confirming the relevant field and have sent the order to us by clicking the “buy” button. You can view and change your order data at any time until the order is dispatched. To do this, click on the relevant section of the purchase process in the header of the page in which you want to make changes.
(4) After your online order has been dispatched, you will receive an email confirming that your order has been received (confirmation of receipt).
(5) The contract between us and you does not come into being through your order, nor through the confirmation of receipt, but only through the acceptance of your order by us. Your order will be accepted within a maximum of 3 working days by sending a confirmation of acceptance (in writing or by email) or by delivering the goods. If the deadline has expired without success, your offer is deemed to have been rejected.
(6) The contract text is not saved. However, you will receive the text of the contract (GTC) together with the confirmation email. We will send you the text again on request.

§ 3 Payment, shipping costs, return costs

(1) The prices listed on our website at the time of the order apply. All prices include the statutory VAT plus the shipping costs listed.
(2) The purchase price can be paid by bank transfer / prepayment, cash on delivery, payment in installments or the PayPal service. If you would like to collect the goods from us, you can also pay on site in cash or by EC / Vpay or credit card. Further details on the possible payment methods can be found HERE.
(3) In the event of cancellation (section 9), you have to bear the direct costs of the return. In the case of goods that can be shipped as parcels, these are based on the respective current tariffs of the shipping company. Returns from abroad may incur higher costs.

§ 4 Offsetting / retention of title

1) The customer is only entitled to offset if the counterclaims have been legally established by a court of law or are undisputed or have been recognized by us in writing. You are only entitled to a right of retention for claims arising from the same order.
(2) We reserve ownership of the delivered goods until the full claim has been settled. Accordingly, the delivered goods may not be changed or sold without our consent before payment has been made in full.
(3) If the customer is a merchant, the retention of title applies until all claims from the current business relationship with us have been settled. In this case the customer is entitled to resell the goods in the ordinary course of business. However, he already now assigns to us all claims in the amount of the invoice amount that arise from the resale against the purchaser. In the event of breach of contract by the customer, in particular in the event of default in payment, we are entitled to take away the reserved goods at the customer's expense. In this respect, the customer waives his right of possession today. We accept this waiver.

§ 5 delivery

(1) The delivery takes place within 5 working days from receipt of order, in the case of payment in advance 5 working days after receipt of payment. We point out any deviating delivery times on the respective product page. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address in the context of the order.
(2) We deliver our goods exclusively to customers based in Germany and to the other countries listed HERE. Other countries on request.
(3) Unless otherwise agreed, delivery takes place from our warehouse or from the warehouse of one of our suppliers. In the case of deliveries to consumers, we bear the risk of accidental loss of the goods until delivery.
(4) We reserve the right to make partial deliveries, unless this is clearly unreasonable for you. You will not incur any additional costs.

§ 6 Default of acceptance

(1) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. We reserve the right to make further claims.
(2) Interest is to be paid on the purchase price during the delay. The default interest rate is five percentage points per annum above the base interest rate. In legal transactions between entrepreneurs, the interest rate is nine percentage points above the base rate.
(3) The customer for his part reserves the right to prove that the damage did not occur in the requested amount or at least significantly less. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.

§ 7 Warranty

(1) Guarantee to consumers
The statutory warranty regulations of §§ 437 ff. BGB apply to consumers, unless otherwise regulated below.
aa) The statutory warranty period of 2 years from delivery of the purchased item applies. If used goods are sold, the warranty period is only 1 year from delivery of the goods. If a defect occurs during this period, this defect can be asserted until the end of the statutory warranty period of 2 years.
bb) If a defect occurs in the purchased item within the warranty period, we can - in this respect, deviating from the statutory regulation - first choose whether we want to improve or deliver a replacement. If the repair is unsuccessful twice or the replacement delivery is also defective, you have the option of either canceling the purchase contract or requesting a reduction in the purchase price. Further claims remain unaffected by this.
(2) Guarantee to entrepreneurs
aa) If the purchase is a commercial transaction for the supplier and the customer, the customer must immediately examine the delivered goods for deviations in quality and quantity and notify the supplier in writing of recognizable defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported in writing within one week of their discovery. Deadline is sufficient for the timely dispatch.
bb) In the event of defects, the provider provides a guarantee of repair or replacement at its own discretion. If the provider delivers a defect-free purchase item for the purpose of supplementary performance, he can demand the return of the defective purchase item from the customer.
cc) The warranty period for entrepreneurs is one year from the transfer of risk.
(3) As far as the warranty periods according to the above paragraphs (1) and (2) have been shortened compared to the statutory periods, this does not apply in the following cases:
- Claims for damages
- in the case of fraudulently concealed defects
- for claims from a possibly given guarantee
- with recourse according to §§ 445a, 478 BGB
- due to defects in items which have been used for a building in accordance with their normal use and which has caused its defectiveness.
In these cases the statutory limitation periods apply. In the event of a guarantee, the guaranteed period (guarantee period) applies if it is longer than the statutory period.

§ 8 Limitation of Liability

(1) We are always liable for personal injury (damage to life, body and health) in accordance with the statutory provisions. We are only liable for damage to property or financial losses that have not occurred to the purchased item itself in the event of willful and grossly negligent behavior in accordance with the statutory provisions. In cases of simple negligence, we are only liable for property damage and financial loss in the event of a breach of essential contractual obligations (cardinal obligations). In this respect, liability is limited to typical contractual damage foreseeable when the contract was concluded. Liability for indirect or consequential damage that is not typical for the contract is excluded in such a case.
(2) As far as our liability is excluded or limited, this also applies to the liability of vicarious agents and other persons whose behavior can be attributed to us.
(3) Mandatory statutory liability provisions, in particular liability in the event of a quality guarantee, fraudulent concealment of a defect and liability under the Product Liability Act, remain unaffected by the above provisions.

§ 9 right of withdrawal

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any 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 has taken possession of the goods (in the case of a contract for several goods: the last goods).

To exercise your right of withdrawal, you must contact us

Cosmetic salon Magnolia & BioKosmetik Vegan Berlin.de
Owner: Ludmila Kunz
Parchimer Allee 37
12359 Berlin
Tel .: + 49 601 70 37
Email: KS-Magnolia@online.de

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal:

If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is 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 informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
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 to check the nature, properties and functionality of the goods.
End of revocation

There is no right of withdrawal and you cannot withdraw from the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery

§ 10 data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or only in the context of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. Further information on the processing of your personal data can be found in our data protection declaration.

§ 11 Dispute Resolution

Note according to Article 14 (1) of Regulation (EU) No. 524/2013 on the so-called online dispute resolution: The EU Commission provides an Internet platform that is intended to serve the out-of-court settlement of disputes in online trading. This platform with further information can be found under the following link: https://ec.europa.eu/consumers/odr
(2) Consumer dispute resolution: Note in accordance with Section 36 VSBG
We are not legally obliged to take part in dispute settlement proceedings before a consumer arbitration board and do not take part in such proceedings.

§ 12 final provisions

(1) The contract language is German. We also offer our shop content in English.
(2) The law of the Federal Republic of Germany is applicable to the exclusion of the UN sales law. If and to the extent that the consumer's home law contains mandatory statutory provisions that grant him more extensive protection, these shall apply additionally.
(3) If the contracting parties are merchants, a legal entity under public law or a special fund under public law, the court at our seat in Berlin is responsible, unless an exclusive place of jurisdiction is justified for the dispute. This also applies if the customer does not have a place of residence within the European Union.
(4) Insofar as one or more of the above provisions is or becomes invalid or unenforceable, the validity of this contract remains otherwise unaffected.

Berlin in September 2020

Annex 1:

You can find the sample cancellation form (in accordance with section 9) here:

Sample withdrawal form

Cosmetic salon Magnolia & BioKosmetik Vegan Berlin.de
Owner: Ludmila Kunz
Parchimer Allee 37
12359 Berlin
Tel .: + 49 601 70 37
Email: KS-Magnolia@online.de

I / we hereby revoke the contract I / we concluded for the purchase of the following goods:

.................................................. .....................................
(Description of goods)

.................................................. .......................................
(Order number and price)

Ordered on: Received on:

Name and address (of the customer)
.................................................. .

.................................................. .


Place, date Signature of the customer

Muster-Widerrufsformular herunterladen / Download sample withdrawal form