GENERAL TERMS AND CONDITIONS
§ 1. Scope of application
These general terms and conditions apply to all business relationships between Anna & Julie Candles Soap Cosmetics, Buttelstedter Str. 2c, 99427 Weimar , Germany (hereinafter: Anna & Julie or "we") and consumers and trade costumers/resellers/wholesalers (hereinafter: customers) via physical products in the online shop www.annaandjulie.com.
The following terms and conditions apply to all orders via our online shop by consumers and trade customers/resellers/wholesalers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Trade customer/resellers/wholesaler is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The following applies to trade customers/resellers/wholesalers: If the trade customer/reseller/wholesaler uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
§ 2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Anna & Julie Candles Soap Cosmetics.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. Our range of products consists of physical products.
You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process.
By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of your order will be confirmed by e-mail immediately after the order has been sent.
We accept your offer within two days by sending a declaration of acceptance in a separate email or, if necessary, the payment transaction is carried out by our service provider or the selected payment service provider.
The execution time of the payment transaction depends on the selected payment method (see under "Payment"). The alternative that is relevant to you depends on which of the listed events occurs first.
§ 3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
§ 4. Terms of Delivery
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Shipping costs are added to the stated product prices.
You can find out more about the amount of shipping costs here or during your order process.
Please note that the customer is responsible for any custom duties that may arise for shipments outside Germany.
You basically have the option of pick up your order at Anna & Julie Candles Soap Cosmetics, Buttelstedter Str. 2c, 99427 Weimar, Germany during the following business hours: By appointment only.
We do not deliver to packing stations.
§ 5. Payment
The following payment methods are generally available in our shop:
Payment in advance/transfer
If you select the payment method in advance/bank transfer, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
In the ordering process you enter your credit card details.
Your card will be charged immediately after placing your order.
PayPal
For the invoice amount via the payment service provider
Paypal (Europe) S.à rl et Cie, SCA,
22-24 Boulevard Royal,
L-2449 Luxembourg
("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order.
The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
giropay / paydirekt
In cooperation with the payment service provider
paydirekt GmbH,
Stephanstr. 14-16,
60313 Frankfurt a. M
(“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
paydirect
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order.
Cash upon pick up
You pay the invoice amount in cash when you pick up your order.
PayPal upon pick up
You pay the invoice amount via PayPal when you pick up your order.
PayPal (Europe) S.à rl et Cie, SCA,
22-24 Boulevard Royal,
L-2449 Luxembourg
Order with PaypalTo be able to pay, you must be registered with PayPal, identify yourself with your access data and confirm the payment order.
The payment transaction is carried out by PayPal immediately when the order is picked up. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Card payment upon pick up
You pay the invoice amount when your pick up your order by card (credit card/giro card/debit card) via a SumUp card payment device.
SumUp Limited
block 8
Harcourt Centre
Charlotte Way
Dublin 2
Ireland D02 K580
Stripe
In cooperation with Stripe Payments
Stripe Payments UK, Ltd.
7th floor
The Bower Warehouse
211 Old Street
London EC1V 9NR
United Kingdom
Stripe Payments Europe, Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland
We offer various payment methods for processing online payments.
In order to pay the invoice amount via Stripe Payments, you do not have to be registered with Stripe.
The forwarding takes place automatically during the ordering process and you only have to confirm the payment order.
§ 6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Trade customers/resellers/wholesalers are not granted a voluntary right of withdrawal.
6.1 Instructions of withdrawal
Consumers have a fourteen-day withdrawal.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Anna & Julie Candles Soap Cosmetics, Buttelstedter Strasse 2c, 99427 Weimar, Germany, info@annaandjulie.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you revoke this contract, we have paid 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 different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned 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 inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice 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 if these were inseparably mixed with other goods after delivery due to their nature.
§ 7. Retention of title​​​​​​​
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
§ 8. Damage in transit
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us in writing (a letter sent by post or by email) immediately, but no later than within seven working days.
The contact should include the following information:
- Photos of the box in which the goods were delivered
- Photos of the damaged goods
- List of damaged goods with product designation and article number
- Description of the damage
Damage caused by improper actions by the customer during installation, operation, storage of the goods do not justify a warranty claim against Anna & Julie Candles Soap Cosmetics.
Legal warranty periods apply.
If there are defects and if they were asserted in good time, we will be there twice
Subsequent performance entitled.If the supplementary performance fails, the customer is entitled to withdraw from the contract
to resign. Otherwise, the statutory provisions apply.
The following applies to trade customers/resellers/wholesalers:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
§ 9. Warranty and guarantees​​​​​​​
9.1 Liability for defects
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following limitations and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of a breach of essential contractual obligations, the fulfillment of which is proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or if the scope of application of the Product Liability Act is opened. Restrictions on Entrepreneurs
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations for merchants The duty to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
§ 10. Liability​​​​​​​
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the case of intentional or grossly negligent breach of duty, in the case of promises of guarantees, if agreed, or if the area of application of the Product Liability Act. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
§ 11. Dispute resolution​​​​​​​
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 12. Final provisions​​​​​​​
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
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As at June 2023