gitti GmbH Terms & Conditions
Terms and Conditions of purchases via online store https:// www.gitticonsciousbeauty.de between gitti GmbH, c/o Factory Works GmbH, Rheinsberger Strasse 76/77, 10115 Berlin (Managing Director: Mrs Jennifer Baum-Minkus, Court of jurisdiction: Amtsgericht Charlottenburg, Registration number: HRB 199608 B, VAT identification number in accordance with §27a of the VAT Tax Act: DE320618135) – hereinafter referred to as “Provider” – and users of the online store as identified in § 2 (2) of these Terms and Conditions – hereinafter referred to as “Customer/s”.
§1 Scope of Application
(1) The following Terms and Conditions, as valid on the order date, apply exclusively to the business relationship between the Provider and the customer. Our offer is aimed exclusively at consumers pursuant to § 13 of the German Civil Code (BGB). Contract terms with customers who do not act as consumers will be communicated separately and on request. (2) All agreements made between the Customer and the Provider in connection with the delivery of goods result in particular from these Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary terms and conditions from the Customer are not recognized. (3) Insofar as the feminine form is used in the provisions of these Terms and Conditions, this is only for purposes of language simplification. These regulations apply equally to male customers.
§2 Conclusion of Contract
(1) The Customer can select products from the Provider's product range from the gitti range on the website www.gitticonsciousbeauty.de. Products are placed in the shopping cart by clicking the button provided. (2) The Customer has the opportunity to check the product selection and the information given (e.g. delivery address or payment method) and if necessary change it at any time before placing an order. By pressing the "Buy Now" button, the Customer makes a binding offer to purchase the products in the shopping cart. (3) The Provider will immediately confirm receipt of the order electronically to the Customer. The order confirmation does not yet constitute an acceptance of the offer by the Provider, but only documents the receipt of the order and its content. The contract only comes into existence with the Provider's declaration of acceptance, sent separately by email. The goods or voucher ordered are not intended for resale. Only orders in normal household quantities are accepted. (4) In the declaration of acceptance or in a separate e-mail or upon delivery of the goods at the latest, the Customer's contract text (consisting of order confirmation, order, tracking number of the goods, invoice, link to Terms and Conditions) will be stored by us on a durable medium and sent in printable form. When the goods are dispatched, the Customer will receive another separate e-mail for the declaration of acceptance. (5) All information provided by the Customer during the ordering process must be up-to-date and true. Your customer password may not be passed on to third parties and must be kept inaccessible to unauthorized persons. The Provider must be notified of any loss or transfer immediately in writing. The Customer is liable in accordance with legal regulations for any misuse, for example in the case of orders with your Customer password by third parties. (6) The contract is concluded in the following languages: German, English. (7) The statutory right of withdrawal applies. The Provider hereby draws the Customer's attention to the information below at the end of the Terms and Condition on the statutory right of withdrawal for consumers.
§3 Electronic Communication
(1) The Customer agrees that contract-related communication can take place in electronic form. (2) Processing of the order and customer contact usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by her for processing of the order is working, so that 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 emails sent by the Provider or by third parties commissioned to process the order can be received. (3) Registration with gitti GmbH via Facebook is only permitted if the Customer uses her correct first and last name on Facebook and, for the purposes of processing the order, lists her complete and correct contact details or provides this in writing to gitti GmbH immediately after completing the registration.
§4 Availability of Goods, Delivery, Prices & Payment Methods
(1) The representations and descriptions used in the web shop are non-binding unless they are expressly designated as binding. Minor deviations from these do not affect the fulfillment of the contract, as long as they are not unreasonable. (2) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately. 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 Provider is also entitled to withdraw from the contract. In so doing, he will immediately reimburse any payments already made by the Customer. The Customer's statutory right of withdrawal remains unaffected. (3) Delivery times are calculated from the moment the contractually owed payment is debited and are pursuant to the advance payment of the purchase price. The following delivery restrictions apply: The Provider only delivers to Customers who can provide a delivery address within the delivery area shown on the website. (4) The Customer may make payment via payment providers listed on the website. (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is set by calendar appointment (next order/debit), the Customer will be in arrears if she fails to make the payment on the appointed date. (6) The Customer is only entitled to compensation if her counterclaims are deemed to have force of law, are recognized by the Provider or are undisputed.
§5 Contract Duration and Termination of Contract
(1) In the case of fixed term contracts or an agreed fixed number of deliveries, the contract ends when the term expires or when the agreed number of deliveries have been dispatched. No separate termination is required in these cases. An automatic extension of the contract is excluded.
§6 Retention of Title
(1) Ordered or delivered products remain the property of the Provider until the purchase price has been paid in full.
§7 Prices and Shipping Costs
(1) All prices quoted on the Provider's website include the applicable statutory VAT and, unless otherwise agreed, include shipping costs within the stated delivery areas.
§8 Delivery and Non-acceptance
(1) The Provider sends goods regularly after receiving payment from the Customer. Delivery time is 2 to 4 working days from the moment payment is made. (2) The Provider will only deliver to addresses within the delivery area specified on the website. If the purchase contract relates to a voucher, delivery will be made by email. (3) The Provider will deliver to the delivery address given by the Customer when placing the order. (4) The Customer undertakes to ensure that the goods can be delivered personally to the delivery address specified by them at the delivery time specified by them. If the consignment is not accepted, not picked up, or returned to us due to an error with the address caused by the Customer, the Customer shall bear the costs of further delivery attempts, if requested by the Customer. (5) Operational disruptions – both in the operations of the Provider and in those of a supplier or service Provider – such as strikes, lockouts and all other cases of force majeure, only permit the termination of the contract if the Customer can no longer be expected to wait any longer, the delivery period will otherwise be extended by the duration of the delay.
(1) Claims for damages on the part of the Customer are excluded. This does not include claims for damages on the part of the Customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or agents. Essential contractual obligations are those the fulfillment of which is necessary for the proper execution of the contract. (2) In the event of a breach of essential contractual obligations, the Provider is only liable for foreseeable, typical damages, if caused through negligence, unless the Customer claims for damages from injury to life, limb or health. Liability for damage caused by the purchased item to legal property of the Customer (e.g. damage to other property) is completely excluded. (3) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and agents of the Provider if claims are made directly against them. (4) The provisions of the Product Liability Act shall remain unaffected. (5) In the event that the Customer is an entrepreneur, then gitti GmbH's liability is limited even in cases of gross negligence to foreseeable, typical damages, if caused by the purchased item to legal property of the Customer (e.g. damage to other property) and due to injury to life, limb or health. (6) The Customer undertakes to indemnify the Provider in all cases of improper use of the services offered. In all cases, the Provider reserves the right to terminate user accounts without notice, where there is indication of improper use or misuse. Furthermore, the Customer indemnifies the Provider from all claims that third parties may make against the supplier on behalf of the Customer.
§10 Warranty for Defects & Guarantee
(1) The Provider is liable for defects in accordance with the applicable statutory provisions. (2) An additional guarantee for goods delivered by the supplier applies only if this is explicitly stated in the order confirmation for the respective article.
§11 Notes on Data Processing
(1) The Provider collects customer data within the framework of processing contracts. In doing so, we take particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer’s consent, the supplier will only collect, process or use the Customer’s stock and usage data, as far as this is necessary for the handling 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 purposes of advertising, market research or opinion polls. All further details are set out in our Privacy Agreement, which is permanently available here.
§12 Dispute Resolution for Consumers
(1) The European Commission provides a platform for online dispute resolution (ODR) with more information available at: (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN). (2) Irrespectively, the Provider will not take part in any dispute resolution proceedings before a consumer arbitration body within the meaning of the Consumer Dispute Resolution Act.
§13 Final Provisions
(1) Contracts between the Provider and the Customer are subject to German law, to the exclusion of UN Sales Law and private international law. (2) In the event that individual terms of the contract become invalid, the remaining parts shall continue to be binding. Any invalid terms shall be replaced with statutory provisions, where applicable. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole will become invalid. (3) The Provider reserves the right to change these Terms and Conditions for practical reasons (e.g. due to changes in the law, to our own offer, or to technical developments, etc.). This shall apply in particular if new offers from gitti GmbH require new regulations. The amended Terms and Conditions will be sent to the Customer in advance by email. If the Customer does not object to the amended Terms and Conditions within six weeks, they shall be deemed to have been accepted. In the event of an objection, gitti GmbH may terminate the contract with the Customer. gitti GmbH will make separate reference to these legal consequences in the e-mail containing the amended Terms and Conditions.