I. General Terms and Conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Deutsche Kosmetikwerke AG) via the website newkee.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already by placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows: The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order. By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is 30 days from the date of dispatch of the goods/ticket/ or, for other services, the date of provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany, Austria.
- Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l.et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, reservation of ownership
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Deutsche Kosmetikwerke AG
Zu den Sandbeeten 5
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the provisions of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contractual language is English.
3.2. We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of conduct
4.1. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
6.3. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).