General Terms and Conditions and Customer Information
As of: June 2014
These General Terms and Conditions apply to the dispatch of goods to consumers within Austria, Germany, Switzerland, Andorra, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, United Kingdom, Hungary, Ireland, Latvia, Liechtenstein, Lithuania, Malta, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, and Sweden.
Susanne Kaufmann Kosmetik GmbH, represented by the managing director Susanne Kaufmann, operates an online store at the internet address “www.susannekaufmann.com”. Cosmetic products, teas and accessories can be purchased.
2 Formation of a contract
2.1 Your contractual partner is:
Susanne Kaufmann Kosmetik GmbH
Please contact us if you have questions, requests or complaints. On workdays we are available from 9:00 am until 5:00 pm at the phone number +43 664 467 36 38. Emails can be sent to email@example.com and will generally be answered on the same day or the next business day.
2.2 The presentation of our goods in the online shop does not represent an offer to form a contract. When you place an order you are making a binding offer to purchase from us. A purchase contract is then formed by our acceptance of your offer, either through delivery of the goods or by means of an order confirmation sent to yourself. If you receive an acknowledgement from us that your order has been received, it does not represent an acceptance of your offer to purchase.
There are five steps to placing an order via our online shop. The first step is choosing the goods that you would like to purchase. The second step requires you to enter your customer data including your billing address and a different delivery address if appropriate. The third step is confirming how you would like the goods to be delivered. The fourth step is selecting your payment method. The final step gives you an opportunity to check the information you have entered up to this point (e.g. name, address, payment method, items ordered) and to amend them if necessary. You then send us your order by clicking on “Buy now”. After this you will receive an order confirmation from us which will include all the details of your order.
3 Cancellation policy/ right to withdraw
Your right to cancel (withdraw)
You may withdraw your contractual offer within 14 days, with giving an explict reason, in text format (e.g. letter, fax, or email) or also - if the item has been delivered to you before the expiry of this period - by returning the goods. The period begins once you have received this policy in text format, but not before the recipient has received the item (or in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), and also not before we have met our duty to supply information as per Sections 5 c ff. of the Austrian Consumer Protection Act [KSchG]. It is sufficient for you to have sent off your cancellation, or the item being returned, before the time period expires. The cancellation should be addressed to: Susanne Kaufmann Kosmetik GmbH, Brugg 35, A-6870 Bezau, Austria.
Result of cancellation/ withdrawal
In the event of a valid cancellation, goods or payments received by either party along with any benefit derived from them (e.g. interest), if applicable, must be returned. If you are unable to return or surrender the goods and any benefits (e.g. benefits from usage), or if you can only return them in part, or only in a worse state than when you received them, then you must provide us with compensation for the lost value. With regard to derived benefits or deterioration of the item, you are only required to provide compensation for lost value if the benefits or deterioration are due to you handling the item in a way that goes beyond what is required for you to test the properties and the functionality of the item. Here, “testing the properties and the functionality” of the item means testing and trying out the item in question in a way that would be possible, and common practice, in a physical retail outlet for example.
Goods that are eligible to be shipped as a parcel shall be returned at our risk. You must pay the routine costs of the return. Any obligation to refund payments must be met within 30 days. This time limit starts for you when you send off the item or your declaration of withdrawal; the time limit starts for us when we receive it.
End of the cancellation policy (withdrawal policy)
4 Prices / delivery costs / payment terms
4.1 The prices listed in the online store are final prices in euros including the applicable VAT (currently 20%), and not including the delivery costs set out below, where applicable. VAT is not charged for deliveries to locations outside of the EU. For deliveries to non-European or non-EU countries, additional import duties, customs fees, customs clearance service charges, or import sales taxes which are specific to that country may apply. The extent of the fees depends on the country in question.
Delivery is free for orders of €150.00 or more. For orders of less than €150.00, the following delivery charges apply:
Flat-rate charge for postage and packaging within Austria: €6.50.
Flat-rate charge for postage and packaging within Germany, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, United Kingdom, Hungary, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden: €9.50.
Flat-rate charge for postage and packaging within Switzerland, Liechtenstein, Norway, Andorra, San Marino, Serbia and Croatia: €13.00.
Our deliveries are sent via Österreichischer Post and DHL.
4.2 Payments can be made by credit card, or prepayments made via bank transfer. We accept the following credit cards: Visa and MasterCard. Your credit card data is transferred using an encrypted SSL connection. Prepayments via bank transfer can be made into the account listed below. Your items are dispatched once we have received the payment in our account.
Bank account: Susanne Kaufmann Kosmetik GmbH
Sparkasse Egg – Bezau branch
IBAN: AT88 2060 3022 0004 8367
4.3 If you exercise your right to cancel, you must pay the routine costs of the return if the item delivered to you matches what you ordered.
5 Delivery / Non-availability of items
5.1 We will dispatch your items within two to three business days of receiving confirmation from our bank or credit institution that payment has been received. Generally, deliveries take 2-3 business days to arrive within Austria and Germany, and 5-10 business days for other EU countries, Switzerland, Liechtenstein, Norway, Andorra, San Marino, Serbia and Croatia.
5.2 Our online shop operates in real time and is continuously updated. However, for various reasons it can sometimes happen that an item is no longer in stock. If this is the case you will receive a message from us, and your payment will be transferred back to you immediately, or a credit for the corresponding amount will be applied to your credit card. We are also entitled to withdraw from the purchase contract in cases where a writing/ typing error or an arithmetical error has been made.
5.3 We bear the entire risk for damage or loss of the goods on their way to you. We ask that you notify us within 24 hours in cases of incomplete deliveries or damage sustained during shipping. However, failure to comply with this request does not affect your legal rights in any way.
The guarantee corresponds to the relevant legal requirements.
7 Data protection
Throughout the preliminary stages of a purchase contract, its formation and processing, and any cancellation of the contract, we collect, store and process data in compliance with legal regulations.
When you visit our internet site we log the IP address currently used by your computer, the date and time, the type of browser you are using, the operating system that your computer is running, and the pages that you have looked at. However, it is not possible for us to connect this information to any personal data of yours, and nor is this our intention.
The personal data that you provide us with, for example for the completion of your order or in email correspondence (e.g. your name and your contact details) is only used for the purposes of contacting you, and only processed for the purpose for which you provided the data. If you agreed to receive the Susanne Kaufmann Newsletter, you can of course unsubscribe at any time by notifying us.
We will only pass on your details to the delivery company handing your delivery if this is required for your order to be delivered. In order to process your payment, we transfer your payment details to the relevant credit institution. We guarantee that we will not otherwise pass on your personal data to third parties, unless we are legally obligated to do so or unless you have given us your express prior permission. Whenever we use the services of third parties to carry out and handle processing tasks, we comply with the provisions of the Data Protection Act.
Personal data provided to us via our website is only stored until the purpose for which it was entrusted to us has been fulfilled. Certain data can be stored for up to 10 years if this is required by commercial and tax laws.
If you are no longer happy for your personal data to be stored, or if it is no longer accurate, we will have your data deleted, corrected or blocked upon your request, within the framework of the legal requirements. Upon your request, and free of charge, we will provide you with information about any personal data that we have stored pertaining to you. If you have questions regarding the collection, processing or use of your personal data, or if you wish to receive information about your personal data or for us to correct, block or delete your data, please contact: Susanne Kaufmann Kosmetik GmbH, Brugg 35, A-6870 Bezau, Austria, Tel.: +43 664 467 36 38.
Links to other internet sites:
8 Applicable law and jurisdiction
This contract shall be governed exclusively by the laws of the Republic of Austria, with the exception of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law is only applicable with regard to a consumer if it does not restrict the mandatory legal requirements of the state where he/she is domiciled or has his/her usual place of residency. If the customer is not the consumer, then Bezau, Austria shall be the place of jurisdiction.
9 Severability clause
If any individual provisions of this contract turn out to be legally invalid, the rest of the contract shall remain binding. This does not apply if adherence to the contract would constitute unreasonable hardship for one of the parties.