As of: 1. 10. 2014
1 Applicability
The following terms and conditions ("Terms and Conditions") apply to orders via the webshop ( "Webshop") of Aesop Germany GmbH ( "Aesop") at the URL www.aesop.com/de. The latest version is applicable at the time of the customer’s order. Terms that differ from these regulations cannot be recognized by Aesop – unless they are confirmed by Aesop in writing.
2 Realization of Contract
2.1 The customer can place orders through the websitewww.aesop.com/de in the webshop from Aesop in accordance with these Terms and Conditions.
2.2 The presentation of the products in the webshop does not constitute a legally binding offer, rather a non-binding invitation to make an offer. By clicking the button “Order and Agree to Pay” the customer makes a binding order to for the goods contained in the basket. Before submitting the order, the customer can change the order and their data at any time. The confirmation of the receipt of the order will follow via e-mail immediately after sending the order (order acknowledgement e-mail) and does not constitute the acceptance of the request. The agreement is confirmed only with the declaration of acceptance by Aesop, which is sent with a separate e-mail (order confirmation e-mail).
2.3 The customer can download and print the text of these Terms and Conditions from the website on their computer. The text of the Terms and Conditions is onlyavailable in German. The contract text is not saved by Aesop.
3 Ordering Process
The customer can place the products displayed in the webshop in their basket without obligation by clicking the button [●●Add to Basket●●]. The products can be removed from the basket by the customer at any time by clicking the button [●●Remove●●]. If the customer would like to purchase the products in the basket, they can click the button [●●Proceed to Purchase●●]. There, the customer must enter certain data. The mandatory fields are marked with a *. The creation of an account is not required. After entering their data and choosing a payment method the customer will arrive at a [●●Review Information●●] button on the order page where they are able to check the information that has been entered. The customer can complete their order by clicking the button [●●Pay●●]. This process can be interrupted at any time by closing the browser window.
4 Prices and Shipping
4.1 The prices stated on the product pages are final and include sales tax and all other pricing components.
4.2 We aim to deliver “products” to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, although such delivery estimate information is indicative only.
4.3 In the event of cancellation the customer bears the direct cost of returns.
5 Availability of Products
5.1 Aesop reserves the right to accept orders for certain products only up to a maximum amount, in these cases this will be noted on the product page.
5.2 If, at the time of the order, the products ordered by the customer are not available, Aesop will inform the customer. If a product is permanently unavailable, Aesop will refrain from issuing a declaration of acceptance. In this case the contract will not be concluded. A purchase that has already been paid for by the customer will be refunded immediately.
6 Payment and Types of Payment
6.1 Purchase payment is due immediately upon completion of the contract.
6.2 Payments can be made according to the customer’s preference with a credit card (VISA, MasterCard and American Express),Giropay or PayPal. Aesop reserves the right to change the provided payment methods.
6.3 The customer agrees that invoices from Aesop can be transmitted electronically.
7 Reservation of Ownership
The delivered goods remain the property of Aesop until full payment is completed.
8 Warranty
The customer is entitled to statutory warranty rights.
9 Liability
9.1 Aesop shall assume liability without restrictions for intentional damages and gross negligence, for slight negligence only for a significant breach of contractual obligations. Significant contractual obligations are those obligations whose completion is necessary to achieve the objective of the contract.
9.2 Liability for slightly negligent breach of significant contractual obligations is limited to the typically occurring contractual damage, the occurrence of which was foreseeable by Aesop at the completion of the contract under the prevailing circumstances at the time. In this case, liability for lack of economic success, loss of profit and indirect damages is excluded.
9.3 The above exclusions do not apply in cases of injury to life, limb and health, as well as liability under the Product Liability Act.
9.4 The above limitation of liability is accordingly applied for the benefit of agents, employees and vicarious agents of Aesop.
10 Rights of Revocation
10.1 Rights to Withdraw
Rights of Revocation
Rights to Withdraw
You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period is fourteen days from the date on which you or a designated third party, who is not the carrier, have taken possession of the final goods. To exercise your right to withdrawal, you must inform us by way of a clear statement (for example, a letter mailed via post, fax or e-mail) of your decision to withdraw from this contract to:
Aesop Germany GmbH
Forster Str. 47,
10999 Berlin, Germany
Telefon: +49 30 89405848
You can use the attached model withdrawal form, however, this is not mandatory. To meet the withdrawal deadlines, it is sufficient if you send your communication regarding the right to withdraw before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that which is offered by us, the least expensive standard delivery), and immediately repay at the latest within fourteen days from the date on which the notification has been received regarding your cancellation of this contract with us. For this repayment we will use the same method of payment that you used in the original transaction, unless you specifically stipulate otherwise; in no case will you be charged a fee for this repayment. We may withhold reimbursement until we have received the goods, or until you have demonstrated that you have returned the goods, whichever occurs first.
You have to return the goods promptly and not later than fourteen days from the date upon which you inform us of the cancellation of the contract to:
Aesop Germany GmbH
Forster Str. 47,
10999 Berlin, Germany
This deadline is considered met if you have sent the goods before the period of fourteen days. You bear the direct cost of returning the goods. You only need to pay for a diminished value of the goods when the loss of value results from handling other than what is necessary to ascertain the quality, characteristics and function of the goods.
10.2 Model Withdrawal Form
Model Withdrawal Form
(If you would like to cancel the contract, please fill out this form and send it back.) To:
Aesop Germany GmbH
Pfeilstrasse 45
50672 Köln
I/We (*) hereby give notice(s) of withdraw from my/our (*) contract entered into for the purchase of the following products (*)/provision of the following services (*)
Ordered on (*)/received on(*)
Name of the Consumer(s)
Address of Consumer(s)
Signature of Consumer(s) (only for paper notification)
Date
(*) Delete as appropriate.
10.3 Non-existence of Withdrawal Right
The right does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene when they have been unsealed after delivery.
11 Final Provisions
11.1 German law applies under the exclusion of its collision rules and the UN Convention on the Sale of Goods (CISG).
11.2 The customer will have the right of retention or offsetting only if their counterclaims have been legally established or Aesop has accepted them in writing.
11.3 Unless the customer is a merchant, a legal entity under public law or a special estate under public law, the location of Aesop is deemed the jurisdiction for all disputes arising from contractual relationships between the customer and Aesop.
11.4 If any provision of the contract, including this term, is completely or partially invalid or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions remain unaffected. The invalid or missing provision shall be replaced by the respective legal regulations. As far as this would constitute an unreasonable hardship for a party, the contract would not be considered ineffective as a whole.
Imprint:
Aesop Germany GmbH
Pfeilstrasse 45, Köln, 50672
Email: germany@aesop.com
Managing Director: Darya Wuttke
Amtsgericht München, HRB 203941
Sales Tax Identification Number: DE-290802996