The following General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to the business relationship between Pure Elements Naturkosmetik GmbH, Lindacher Weg 21a, 85659 Forstern (hereinafter referred to as "Seller") and the purchaser of the Seller's products, hereinafter referred to as "Customer".
All personal pronouns apply equally to both genders. For reasons of better readability, the simultaneous use of male and female forms has been avoided.
“Consumer” within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
“Entrepreneur” within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
The seller's offer is aimed exclusively at customers who are entrepreneurs (also referred to as "business customers" or "B2B"). By placing an order or registering as a customer, the customer declares that he or she is a business customer and not a consumer.
2. General information on offers and orders
The presentation of the products in the shop, on websites and in digital printed brochures, catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.
Customers are responsible for ensuring that the information they provide is correct and that any changes are communicated to the seller if they are necessary for the seller to fulfil the contract. In particular, customers must ensure that the email and delivery addresses provided are correct and that any delays in receipt for which the customer is responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
Customers are asked to read and follow the instructions carefully during the ordering process and to use the existing support functions of their software and hardware if necessary (e.g. magnification or reading functions). Required information is marked as such by the seller in a way that is appropriately recognizable to the customer (e.g. by optical highlighting and/or asterisks). Until the order is sent, customers can change and view the product selection and their entries at any time, go back in the ordering process or cancel the order process altogether. To do this, customers can use the usual functions available to them on their software and/or end device (e.g. the browser's forward and back buttons or keyboard, mouse and gesture functions on mobile devices). In addition, unwanted entries can be corrected by canceling the ordering process.
3. Ordering process and conclusion of contract
The customer can select from the range of products offered by the seller and collect them in a so-called shopping cart. The product selection can be changed, e.g. deleted, in the shopping cart. Otherwise, the customer can initiate the completion of the order process.
By clicking on the button that completes the ordering process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
A contract between the customer and the seller can also be concluded by email. The customer can send a binding offer to the seller by email or, in the case of a binding offer sent by the seller, accept it by email.
A contract between the customer and the seller can also be concluded by telephone. The customer can submit a binding offer to the seller by telephone or, in the case of a binding offer made by the seller, accept it by telephone.
A contract between the customer and the seller can also be concluded by providing information in a contact form. The customer can send a binding offer to the seller via the contact form or, in the case of a binding offer sent by the seller, accept it via the contact form.
4. Contract text and contract language
The seller saves the contract text and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of his browser or the save function for web pages in the last step of the order.
The seller may provide the contract documents to customers who are entrepreneurs both in text form and in another way (e.g. by reference to an online source).
If customers have created a customer account, they can view the orders placed in their account area. The full contract text is not accessible in the account area.
The contract languages are German and English; contracts can be concluded in these languages.
5. Customer account
The seller provides customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
Customers can also place an order as a guest without having to create a customer account.
Customers are obliged to provide truthful information in their customer account and to adapt the information to changes in the actual circumstances as far as this is necessary (e.g. a changed email address in the event of a change or a changed postal address before placing an order). Customers are responsible for any disadvantages that arise due to incorrect information.
Customers are responsible for their customer accounts within their sphere of influence and to the extent that they can reasonably be expected to bear responsibility. Customers are responsible for exercising the greatest possible care when using access data for their customer account and for taking every measure to ensure that the data is handled confidentially and securely and to prevent it from being disclosed to third parties. Customers are obliged to inform the seller immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions for the protection of third-party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
If customers save, share or otherwise publish content or information in their customer account, they are responsible for this content. Depending on technical possibilities, this content includes, for example, text, images and personal information. The seller does not claim ownership of the customer's content and does not identify with this content. However, the seller reserves the right to take necessary measures if there are signs of legal problems or dangers for third parties.
These measures are based on carefully selected criteria. The aim is to ensure that every action is justified. It examines whether a measure is necessary to solve the problem or avert the danger. It also assesses whether the measure is proportionate to the seriousness of the problem or danger. It also ensures that it is taken with due care and after a thorough evaluation of all relevant information and circumstances. Finally, the measure must be based on an objective and unbiased assessment of the situation.
The possible measures include deleting the content in question, requests for comments or corrections, warnings, legal action or even bans from the premises. When deciding on these measures, the seller carefully considers the requirements of the situation, the rights and interests of all parties involved. In particular, the fundamental rights of customers are taken into account in order to ensure a fair and just solution.
Customers can cancel the customer account at any time. The seller can cancel the customer account at any time with a reasonable notice period, which is usually two weeks. The cancellation must be reasonable for the customer. The seller reserves the right to cancel for extraordinary reasons.
From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to back up their data when terminating the customer account.
6. Information on prices and shipping costs
Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
7. Methods and terms of payment
Unless otherwise agreed, payments are to be made without any deductions, discounts or other reductions.
When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are asked to observe these regulations and notices as well as information during the payment process. This is particularly because the provision of payment methods or the course of the payment procedure can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
The customer ensures that he meets the requirements incumbent upon him that are necessary for successful payment using the selected payment method. This includes in particular sufficient funds in bank and other payment accounts, registration, identification and authorization for payment services as well as confirmation of transactions.
The seller reserves the right to offer payment methods only from or up to a certain order value. In this case, the seller will inform customers of any payment restrictions before the order process begins. The right of consumers to a free, common and reasonable means of payment is not restricted.
Advance payment - If payment in advance by bank transfer has been agreed, the payment amount is due upon conclusion of the contract, unless expressly agreed otherwise. The seller will inform the customer of his bank details. Delivery will take place after receipt of payment. If the advance payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due and even after a renewed request, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the customer and the seller without any further consequences.
Purchase on account - The invoice amount is due after the product has been delivered and invoiced and must be paid by the customer within 14 days without deduction by payment into the seller's bank account, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the purchase on account payment method and not to offer the payment method to the customer if the credit check is negative.
The payment method purchase on account is only available up to an invoice amount of 2000 euros.
Credit card payment - When placing an order, customers provide their credit card details. The customer's credit card will be charged immediately after the order is completed and after the customer is authorized as the legitimate cardholder.
Klarna - Payment is made via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") using the Klarna payment method provided or selected by the customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com/de/ and are communicated to the customer as part of the payment process.
Klarna PayNow credit card - The customer must identify themselves as the legitimate cardholder to make the payment before the payment transaction is carried out and the customer's account is automatically debited.
Klarna PayNow direct debit - The customer grants Klarna a SEPA direct debit mandate. By granting the SEPA direct debit mandate, Klarna is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer is informed of the date on which the bank account is debited (referred to as "pre-notification").
Klarna invoice - Klarna requires a successful check of the customer's address and creditworthiness. When purchasing on account, customers receive the goods first. The payment deadline is 14 days, unless otherwise agreed during the payment process. The seller assigns his claim for payment to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's terms and conditions.
Klarna installment payment - The prerequisite for Klarna installment purchase is a successful check of the customer's address and creditworthiness by Klarna. The seller assigns his payment claim against the customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's terms and conditions. Further information on European standard information for consumer loans, financing via Klarna, in particular on installments and minimum installment payments, as well as Klarna's terms and conditions: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
Klarna Sofortüberweisung (Sofort) - Payment is made using online banking data by the provider Sofort GmbH immediately after the order in accordance with the conditions of Klarna Sofortüberweisung (which are also communicated to the customer as part of the ordering process). Further information: https://www.klarna.com/sofort/.
PayPal - Payment is made via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the customer. Customers are redirected directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
PayPal Express - The customer pays the amount owed using the PayPal transaction process.
PayPal Plus (PayPal) - The customer must have a PayPal account and pays the amount owed using the PayPal transaction process.
Giropay - The use of Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out on the basis of Giropay's terms and conditions, which are also communicated to the customer as part of the ordering process. Further information: https://www.giropay.de.
Google Pay - Using Google Pay requires registration for this payment method. The payment transaction is carried out based on the terms and conditions of Google Pay, which are also communicated to the customer as part of the ordering process. Further information: https://pay.google.com.
Apple Pay - Using Apple Pay requires registration for this payment method. The payment transaction is carried out based on the Apple Pay terms and conditions, which are also communicated to the customer as part of the ordering process. Further information and conditions: https://www.apple.com/de/apple-pay/.
Stripe - Depending on the payment method selected, the use of Stripe may require registration for this payment method. The payment transaction is carried out based on Stripe's terms and conditions, which are also communicated to the customer as part of the ordering process. Further information and conditions: https://stripe.com/de.
Costs incurred by reminders for outstanding amounts will be invoiced to the customer. The customer reserves the right to provide evidence of no costs or lower costs.
In the event of late payment, the seller is entitled to claim default interest at the statutory rate as well as other consequences and costs determined by law from the defaulting customer. The customer's obligation to pay default interest does not exclude the seller from claiming further damages for late payment. Damages for late payment include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
8. Retention of title
If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made.
9. Delivery, availability of goods
The ordered goods will be delivered to the specified delivery address unless otherwise agreed.
If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to ensuring delivery and making possible and reasonable efforts, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or the customer does not want comparable goods to be delivered, the seller will immediately reimburse the customer for any consideration already provided.
10. Sale of vouchers
These Terms and Conditions apply accordingly to the sale of vouchers that represent material or monetary values.
The ordered vouchers will be sent to the customer at the specified email address.
11. Promotional vouchers
"Promotional vouchers" are understood to mean vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). On the other hand, vouchers that represent a specific monetary or material value and are purchased by the customer as a product are not considered promotional vouchers.
Promotional vouchers can only be used under the stated conditions, subject to restrictions, such as validity for certain product groups, frequency of use and, in particular, only within the specified period.
Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
Unless otherwise stated, promotional vouchers issued to recipients may not be transferred to third parties.
Promotional vouchers issued by the seller may only be redeemed at the seller.
Unless otherwise stated, promotional vouchers can only be redeemed before the order process is completed.
If there is still an amount to be paid after redeeming a promotional voucher, this can be settled using the payment options offered by the seller.
If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods, without the remaining amount being paid out.
12. Copyright and usage rights
The products sold by the seller are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation lie with the seller or the respective rights holders. Customers undertake to recognize and observe these intellectual property rights.
The customer receives the simple rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, the seller's copyrighted products may not be reproduced, distributed, made publicly available or made available to third parties in any other way on the Internet or intranets. Public reproduction, reproduction or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
If the products are subject to a specific usage license, customers will be informed about the usage license. In this case, the terms of the usage license take precedence over these Terms and Conditions.
If the seller makes advance payments, the granting of usage rights to the customer is only provisional and only becomes effective when the customer has paid the purchase price of the relevant products in full.
13. Warranty and liability
The warranty (liability for defects) and liability for other poor performance are determined in accordance with statutory provisions, subject to the following regulations.
If a guarantee is provided for the products in addition to a statutory guarantee, this guarantee can be found in the product descriptions. Customers will be informed about the guarantee conditions.
14. Changes to the Terms and Conditions
The Seller reserves the right to amend these Terms and Conditions at any time with future effect in the case of continuing obligations (i.e. contracts that run over a longer period of time and in the context of which services and/or consideration are provided) in the following cases: a) If the amendment serves to ensure that the Terms and Conditions comply with applicable law, in particular if the applicable legal situation changes; b) If the amendment enables the Seller to comply with mandatory court or administrative decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the Terms and Conditions; d) If the amendment is only beneficial for the Customer.
In the case of customers who are entrepreneurs, changes can also be made in addition to the cases mentioned, provided that they are reasonable, appropriate and objectively justified for the customer.
The seller will send the amended terms and conditions to the email address provided by the customer to the seller at least two weeks before they come into effect. If a customer does not object to the new terms and conditions within two weeks of receiving the email, the amended terms and conditions are deemed to have been accepted by the customer. When notifying the customer of the change, the seller will inform the customer of the consequences of not contesting them. Customers can also agree to the amended terms and conditions by giving their express consent.
15. Final provisions
The legal relationship between the customer, if he is an entrepreneur, and the seller is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction in the country in which the seller is registered. The seller reserves the right to choose another permissible place of jurisdiction.
16. Dispute settlement and consumer dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to resolve their disputes.
We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
