Table of contents

1. Scope of application
2. Conclusion of contract
3. right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of ownership
7. Liability for defects (warranty)
8. redemption of promotional vouchers
9. Applicable law
10. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kosho Cosmetics AG (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of the goods displayed by the Seller in his online shop. The inclusion of the customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 Consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneur in the sense of these AGB is a natural or legal person or a partnership with legal capacity, which acts with conclusion of a legal transaction in exercise of its commercial or independent vocational activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.

2.3 The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by sending the customer a written order confirmation in text form (fax or e-mail).
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting the customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.5 Before binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of revocation can be found in the seller’s revocation instructions.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include statutory VAT. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address stated in the order processing of the seller is decisive for the processing of the transaction.

5.2 If the transport company sends the shipped goods back to the seller, because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.

5.3 Self-collection is not possible for logistic reasons.

6) Reservation of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual defect claims.

8) Redemption of promotional vouchers

8.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Promotion vouchers can only be redeemed by consumers.

8.3 Single products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the action coupon.

8.4 Promotion vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The goods value must correspond at least to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8 The credit balance of a promotion voucher is neither paid out in cash nor is it subject to interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher as part of his statutory right of withdrawal.

8.10 The promotional voucher is transferable. The seller can with liberating effect to the respective owner, who redeems the promotional voucher in the online shop of the seller, perform. This is not valid if the salesman knowledge or roughly negligent ignorance of the Nichtberechtigung, the business incapacity or the missing agency authorization of the respective owner has.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. 

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

10.2 The salesman is neither obligated nor ready for the participation in a dispute settlement procedure before a Verbraucherschlichtungsstelle.