General Terms And Conditions

General Terms and Conditions and Customer Information

§ 1 Basic provisions

• The following terms and conditions apply to contracts that you conclude with us as the provider (Dr. Ben Cosmetics GmbH) via the website https://shop.drben.de/ . Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
• Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the contract

• The subject of the contract is the sale of goods.
• Already with the listing of the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
  The contract is concluded via the online shopping cart system as follows:
• The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar you can call up the “shopping cart” and make changes there at any time.

After calling up the page “Checkout” and entering the personal data as well as the payment and

Shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will be forwarded to the website of the provider of the instant payment system.

If the forwarding to the respective instant payment system takes place, you make the appropriate selection and/or input of your data there. Finally, you will be redirected back to our online shop to the order overview page.

Before sending the order you have the possibility to check all data again, to change it (also via the function “back” of the internet browser) or to cancel the purchase. By sending the order via the button “order payable” you declare the legally binding acceptance of the offer, whereby the contract is concluded.

• Your enquiries regarding the preparation of an offer are non-binding for you. We will submit you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
• The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 Right of retention, reservation of title

• You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
• The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty

• The statutory liability for defects exists.
• 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 quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

• German law applies. 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 country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
• The place of performance for all services arising from business relations with us and the place of jurisdiction shall be 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 shall apply 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 filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
• The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

Customer information

1. identity of the seller

Dr. Ben Cosmetics GmbH
Brunnengasse 19
86690 Mertingen, Germany
Germany (German)

phone: 0907896950
E-mail: info@drben.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS 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 for correction shall be carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. contract language, contract text storage

3.1 The language of the contract shall be German.

3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser’s print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data within the framework of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.

Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs are not included in the purchase price. You are informed about a corresponding

The button marked on our website or in the respective offer are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.

5.3 Any costs incurred by the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where delivery is made to an EU member state but payment has been made outside the European Union.

5.4 The methods of payment available to you are indicated by a button on our website or in the relevant offer.

5.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

6. terms of delivery

6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective 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 another person appointed to carry out the shipment.

7. legal liability for defects

Liability for defects shall be governed by the “Warranty” provision in our General Terms and Conditions (Part I).