General terms and conditions of business
1 Basic provisions
(1) The following terms and conditions apply to all contracts that you as a customer (hereinafter referred to as you; you; or the customer) conclude with
Human Glow Cosmetic GmbH
Friesenwall 26-28, 50672 Cologne
Phone: 0221 686333
represented by Nadja Aboudan and Svenja Klasmeyer
(hereinafter: we; us; or provider) via the website. Deviating conditions of the customer are not accepted. This also applies if we do not expressly object to their inclusion.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their 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 their independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The contract language is German.
(2) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate 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 opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment" or similar name), you are placing a legally binding order. You are bound to the period of two weeks after placing the order; your right to cancel your order under section 2a remains unaffected by this. The full text of the contract is not saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
(4) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also declares acceptance in addition to confirmation of receipt.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
2a Cancellation Policy
(1) When concluding a distance contract, consumers have a statutory right of withdrawal, about which the provider informs them below in accordance with the statutory model.
cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
2a Cancellation Policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us, Human Glow Cosmetic, Friesenwall 26-28, 50672 Cologne , email: info@humanglow.com , by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but its use is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to:
Human Glow Cosmetic
Friesenwall 26-28, 50672 Cologne
E-Mail: info@humanglow.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date
(*) Delete as appropriate.
(2) According to Section 312g Paragraph 2 of the German Civil Code (BGB), the right of withdrawal does not apply, among others, to the following contracts:
– Contracts for the supply of goods that can spoil quickly or whose expiry date has quickly passed
– Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
2b Voluntary 60-day return policy
(1) The provider offers d2b Voluntary 60-day return policy
(1) The provider offers the customer who is a consumer (i.e. a natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity) a voluntary right of return for goods for a period of 60 days from receipt of the goods. Other contractual and legal claims of the customer (e.g. warranty rights or right of withdrawal) remain unaffected by this.
(2) The use of the voluntary right of return requires that the customer returns the goods within 60 days to the
Human Glow Cosmetic
Friesenwall 26-28, 50672 Cologne
The customer must expressly state (e.g. by means of an enclosed message or in advance by email to info@humanglow.com ) that the return is being made within the scope of the voluntary right of return.
(2) The use of the voluntary right of return requires that the customer returns the goods within 60 days to the
Human Glow Cosmetic GmbH
Friesenwall 26-28
50672 Cologne
The customer must expressly state (e.g. by means of an enclosed notification or in advance by email to briefkasten@primal-state.de) that the return is being made within the scope of the voluntary right of return. The provider can refuse to grant the voluntary right of return at its own discretion if facts justify the assumption that the customer is attempting to abuse this right, i.e. in particular if the customer has ordered goods in quantities that are not usual for households (through a large order or through several small individual orders) or returns the goods to the provider within the scope of the voluntary right of return against reimbursement of the purchase price.
(3) The goods are deemed to have been received within the deadline at the address specified in paragraph (2). If the voluntary right of return is exercised, the seller will bear the costs of the return shipment. If the goods are received properly and on time, the purchase price will be refunded.
(4) Goods returned under the voluntary right of return must not be damaged, opened, used or otherwise deteriorated. Deterioration is present if it is due to handling of the item that is not necessary to check its quality, properties and functionality. “Checking the quality, properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store.
(5) The voluntary right of return does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs.
3 Essential characteristics of the goods or services; prohibition of commercial resale
(1) The essential characteristics of the goods and/or services can be found in the respective offer.
(2) The commercial resale of our goods and/or services is prohibited.
4 Delivery Conditions
(1) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
(2) If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, 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 another person designated to carry out the shipment.
5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
6 Prices and payment terms; shipping costs
(1) The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
(2) The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
(3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear.
(4) Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.
(5) The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
(6) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7 Special agreements on payment methods offered
(1) Credit check
If we make advance payments, e.g. when paying by invoice or direct debit, your data will be passed on to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, in order to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedures. We reserve the right to refuse you payment by invoice or direct debit based on the results of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete invoice terms and conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the time by email. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).
8 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
9 Contract term/termination of subscription contracts
(1) The subscription contract concluded between the customer and the provider has an indefinite term. The contract can be terminated by either party with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). The termination must be made in text form (e.g. email).
(2) The right to terminate the contract without notice for good cause remains unaffected.
10 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
11 Final provisions; online dispute resolution
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that 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 not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) Alternative dispute resolution pursuant to Art. 14 Para. 1 ODR-VO and Section 36 VSBG: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr . The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Last updated: 02.11.2024