gitti GmbH Terms & Conditions

Terms and conditions within the scope of contracts concluded via the platform https://www.gitticonsciousbeauty.com between gitti GmbH, Saarbrücker Str. 36-38 / Prenzlauer Allee 248-251, 10405 Berlin (Managing Directors: Ms. Jennifer Baum-Minkus (CEO) and Ms. Pamela Wade-Lehman (Co-CEO), Register Court, Charlottenburg Local Court, Register Number: HRB 199608 B, Value Added Tax Identification Number pursuant to §27 a, Value Added Tax Act: DE320618135) - hereinafter "Provider" - and the users of this platform designated in § 2 (2) of these GTC - hereinafter "Customer"

§1 Scope of application

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. The offer is directed exclusively at end consumers within the meaning of § 13 BGB. Contractual terms and conditions with customers who are not acting as consumers will be communicated separately and upon request.

(2) All agreements concluded between the customer and the supplier regarding the delivery of goods result in particular from the General Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognised.

(3) Insofar as the female form is used in the provisions of these GTC, this is merely done for linguistic simplification. The regulations also apply equally to male participants.

§2 Conclusion of contract

(1) The customer can select products from the gitti series from the supplier's range on the https://www.gitticonsciousbeauty.com website. By clicking on the button provided for this purpose, products are placed in the shopping basket.

(2) At any time before placing an order, the customer has the opportunity to check the product selection and the data provided (e.g. delivery address or payment method) and to change them if necessary. By clicking the "Buy" button, the customer makes a binding offer to purchase the products in the shopping basket.

(3) The supplier shall confirm receipt of the order to the customer electronically without delay.  The order confirmation does not constitute an acceptance of the offer by the supplier, but merely documents the receipt of the order and its content. The contract shall only come into effect through the declaration of acceptance (order confirmation) of the provider transmitted by separate e-mail. The ordered goods or the ordered voucher are not intended for resale. Therefore, only orders in quantities customary for households will be accepted.

(4) In the declaration of acceptance or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order confirmation, order, tracking number of the goods, link to the GTC) shall be sent by us to the customer on a durable data medium and in printable form. The customer will receive another e-mail separately from the declaration of acceptance when the goods are dispatched.

(5) All information provided by the customer in the order process must be current and truthful. The customer password may not be passed on to third parties and must be kept inaccessible to unauthorised persons. The Provider must be notified immediately in text form of any loss or disclosure. The customer shall be liable for misuse, e.g. orders placed with the customer password by third parties, in accordance with the statutory provisions.

(6) The contract shall be concluded in the languages: German / English.

(7) The statutory right of withdrawal applies. In this respect, the Provider draws the Customer's attention to the instruction on the statutory right of withdrawal for consumers located below after the end of the GTC.

(8) The purchase of a voucher is the purchase of a multi-purpose voucher. The multi-purpose voucher entitles the holder to purchase any product from the range offered at the time of redemption. Unless otherwise stated on the voucher, the validity is 3 years from the date of purchase. 

 §3 Electronic communication

(1) The customer agrees that the contract-related communication can take place in electronic form.

(2) Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is functional so that the e-mails sent by the provider can be received at this e-mail address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.

(3) Registration with gitti GmbH via Meta Platforms, Inc. is only permissible if you provide Meta Platforms, Inc. with your correct first and last name as well as complete and accurate contact details for the purposes of order processing, or if you notify gitti GmbH of these details in text form immediately after completing registration.

§4 Availability of goods, delivery, prices, payment modalities 

(1) The pictorial representations and descriptions used in the web shop are non-binding unless they are expressly designated as binding. Slight deviations from the same are harmless for the fulfilment of the contract, unless they are unreasonable.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. The customer's statutory right of withdrawal remains unaffected.

(3) Delivery times are calculated from the time of debiting the payment owed under the contract and presuppose prior payment of the purchase price. The following delivery restrictions apply: The supplier only delivers to customers who can provide a delivery address within the delivery area shown on the website.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar (next order/debit), the customer is already in default by missing the deadline.

(5) The customer is only entitled to offset if counterclaims have been legally established, recognised by the supplier or are undisputed.

(6) We offer the customer the following different payment options, namely Shopify Payments, PayPal and AmazonPay, as well as the common and specified credit cards, from which you can freely choose. 

The processing of credit card payments used by the external payment service providers takes place directly via their platforms. The following data belong to the data processed by the payment service providers: Inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, totals and recipient-related information. Depending on the service provider, these details are mandatory in order to carry out the transactions successfully.

In the process, the data you provide will only be processed and stored by the external payment service providers named by us. We receive neither account nor credit card related information. We only receive either confirmation of the payment or negative information. Under certain circumstances, data may be transmitted by our appointed payment service providers to credit reference agencies. The purpose of this transmission is to check identity and creditworthiness. The data protection notices of the respective payment service providers selected by you apply to the payment transactions, which can be retrieved from them and to which we hereby refer for further information and the assertion of any revocation, information and other data subject rights:

• Paypal
• Shopify Payments
• AmazonPay

The legal basis for data transmission for payment mediation is primarily Art. 6 (1) sentence 1 lit. b DSGVO (contract performance) and, in addition, Art. 6 (1) sentence 1 lit. f DSGVO (legitimate interest). The legitimate interest here is that the payment providers have a legitimate interest in understanding whether and how often the website is used in order to ensure and improve the functionality of their services. Furthermore, our legitimate interest is to offer our customers different payment methods.

Paypal

We have integrated the payment option PayPal. PayPal is an online payment service of PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. In addition, PayPal offers the possibility to process virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services. If you select the payment option "PayPal", data about you will be automatically transmitted to PayPal. By selecting this payment option, you consent to the transmission of personal data required for payment processing. The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data that are necessary and intended for the payment processing with PayPal. Personal data that is necessary for the processing of the purchase contract is also data that is related to the respective order. The purpose of transmitting the data is payment processing and fraud prevention. PayPal may transmit your personal data to credit agencies. The purpose of this transmission is to check your identity and creditworthiness. PayPal may share personal data with affiliated companies and service providers or subcontractors to the extent necessary to fulfil contractual obligations or to process the data on their behalf. You have the option to revoke your consent to the handling of personal data at any time vis-à-vis PayPal. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing. The data transfer takes place in accordance with Art. 6 Para. 1 S.1 lit. b DSGVO and exclusively for the purpose of payment processing and only insofar as it is necessary for this purpose. 

Shopify Payments

We use the payment service function of Shopify, "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2 for the payment options of ApplePay, GooglePay as well as credit cards. If you choose a payment method offered via the payment service provider Shopify Payments, the payment processing is carried out via the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank sort code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) sentence 1 lit. b DSGVO. Your data will only be passed on for the purpose of payment processing with Stripe Payments Europe Ltd. and only insofar as it is necessary for this purpose. 

For more information on Shopify Payments' data protection, please visit https://www.shopify.com/legal/privacy and for data protection information on Stripe Payments Europe Ltd, please visit https://stripe.com/de/privacy.

AmazonPay

We have integrated the payment option AmazonPay, the service for online payments from Amazon.com Inc. In Europe, the service is operated by Amazon Payments Europe SCA, 38 Av. J.F. Kennedy, L-1855 Luxembourg ("Amazon"). 

The AmazonPay payment option allows you to pay directly with your Amazon account. If you choose to pay using this service, the following data will be shared with Amazon: Your purchase details, your IP address and geographical location, and your browser and device information (e.g. operating system). When you make a payment through AmazonPay, Amazon processes all the information that you yourself have provided to Amazon about yourself, such as your name, address, email address and bank details. This data is processed by Amazon itself. As part of the payment process, Amazon uses cookies that are stored on your terminal device; details on the cookies can be found here: https://pay.amazon.de/help/201751620.

You can find more information about AmazonPay's data protection at https://pay.amazon.de/help/201212490. The transfer of your data to Amazon is based on Art. 6 (1) a DSGVO (consent) and Art. 6 (1) b DSGVO (processing for the performance of a contract) and the transfer of your data is solely for the purpose of payment processing and only insofar as it is necessary for this purpose. You can revoke your consent to data processing at any time, whereby a revocation does not affect the validity of past data processing operations.

§5 Term of contract and termination modalities

In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end with the expiry of the term or with the delivery of the agreed deliveries. A separate notice of termination is not required in these cases. An automatic extension of the contract is excluded. 

§6 Retention of title

Until full payment of the purchase price, ordered or delivered products remain the property of the supplier.

§7 Prices and shipping costs 

All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

§8 Delivery and non-acceptance

(1) The supplier regularly ships the goods after receipt of the customer's payment. The delivery time is 2 to 14 working days after the direct debit has been made.

(2) The supplier shall deliver to the delivery service deliverable addresses within the delivery area indicated on the website. If the purchase contract relates to an electronic voucher, delivery shall be made by e-mail.

(3) The Supplier shall deliver to the delivery address specified by the Customer when placing the order.

(4) The customer undertakes to ensure that the personal delivery of the goods to the delivery address specified by her is possible at the delivery time specified by her. Should the consignment not be accepted, not be collected or be resent to us due to an address error for which the customer is responsible, the customer shall bear the costs of further delivery attempts if these are requested by the customer.

(5) Operational disruptions - both in the Supplier's business and in that of a supplier or service provider - such as e.g. due to strike, lockout and all other cases of force majeure shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the delivery period shall be extended by the duration of the delay.

§9 Liability

(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

 (2) In the event of a breach of material contractual obligations, the supplier shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health. However, liability for damage caused by the delivery item to the customer's legal assets, e.g. damage to other property, is completely excluded.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

(5) If the client is an entrepreneur, the liability of gitti GmbH shall be limited to the foreseeable damage typical for the contract, even in cases of gross negligence, if damage is caused by the delivery item to the client's legal assets, e.g. other property, and due to injury to life, body or health.

(6) In all cases of improper use of the services offered, the customer undertakes to indemnify the provider. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use. The customer also indemnifies the provider against all claims asserted by third parties against the provider for reasons attributable to the customer.

 §10 Warranty for material defects, guarantee

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.

 §11 Notes on data processing

(1) The provider collects data from the customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market or opinion research. All further details are regulated in our data protection agreement, which is permanently available here.

(3) The customer has the possibility to submit product ratings / product reviews after the purchase and agrees to the publication of such a rating - also in translated form, e.g. in English.

 §12 Dispute resolution for consumers 

(1) The European Commission maintains an online dispute resolution (ODR) platform with further information, which can be accessed on the internet at the link (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE).

 (2) Notwithstanding the foregoing, the Provider shall not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

 §13 Final provisions

(1) Contracts between the Supplier and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.

 (2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.

 (3) The provider reserves the right to amend these General Terms and Conditions for objective reasons (e.g. due to changes in the legal situation or the provider's own offer, technical developments, etc.). This applies in particular if new offers from gitti GmbH require new regulations. The amended GTC shall be sent to the client in advance by e-mail. If the client does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, gitti GmbH may terminate the contract with the client. gitti GmbH shall refer to these legal consequences separately in the e-mail containing the amended GTC