GTC

General Terms and Conditions

 1. General Provisions

 1.1 These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions") apply to all contracts made in our online shop at www.grahamhill-cosmetics.com, including any subdomains, between us,

Hans Conzen Kosmetik GmbH

Stephan Conzen, Managing Director
Lehmkoppel 2
25499 Tangstedt

Phone: +49 (0)4101-37 33 0
Telefax: +49 4101 3733-11
E-mail: info@grahamhill-cosmetics.com

Commercial Register Court: Local Court of Pinneberg
Commercial Register Number: HRB 5231

and you, our customer. These General Terms and Conditions apply whether you are a consumer, entrepreneur, or merchant.

1.2 All provisions we have agreed upon with you in connection with the purchase contract are set forth in these General Terms and Conditions, our written order confirmation, and our letter of acceptance.

1.3 The version of the General Terms and Conditions in effect at the time the contract is made is controlling.

1.4 We do not accept any different terms and conditions of the customer, whether or not we expressly object to such terms and conditions.

1.5 You can review our General Terms and Conditions at www.grahamhill-cosmetics.com under "General Terms and Conditions of Sale." [Anm. h+p: Begriff ggf. an die Bezeichnung auf der Website anpassen.] You can also print out or download a copy of the General Terms and Conditions by clicking here. The processing of personal data is subject to a separate Data Privacy Policy, which is available here.

2. Registration

2.1 When you register and accept these General Terms and Conditions and the Data Privacy Policy, you will be able open a customer account in our online shop. You must be 18 years or older to do so. You have no legal right to open a customer account in our online shop.

2.2 You are obligated to update your account and make any necessary changes (e.g., relocation, different marital status, etc.). You are obligated to keep your personal access data confidential and not to disclose your access data to any unauthorized third parties. Your password must be kept secret and must be sufficiently complex. Your registration will be confirmed immediately after it is sent.

2.3 Your customer account is not transferable and may be used only by you personally. Any renewed registration after your customer account has been terminated by Hans Conzen Kosmetik GmbH is prohibited.

2.4 You have no right to maintain more than one customer account at the same time. We reserve the right to cancel multiple registrations, to send warnings to or terminate customers who violate the aforementioned provisions, and/or to delete or modify content.

3. Offer and Acceptance

3.1 The offers in the online shop are directed exclusively to natural persons who must be 18 years or older, as well as to legal entities and partnerships.

3.2 The presentation and advertising of products in our online shop constitute no binding offer to enter into a purchase contract.

3.3 Products you have selected will be placed in a shopping basket. When you send an order in the online shop by clicking on the button "Place Order," you are placing a legally binding order. Before placing a legally binding order, you will have the opportunity to review the order for accuracy and make any necessary changes. You will be bound by the terms of the order for a time period of two (2) weeks from the date it is sent; any right to cancel your order in accordance with Section 4 will remain unaffected thereby.

3.4 We will promptly send you an e-mail to confirm the order you have placed in our online shop. This e-mail does not yet constitute legally binding acceptance of the order, unless the e-mail, in addition to confirming receipt of the order, also expressly accepts the order.

3.5 No binding contract will result unless and until we have accepted your order by sending you a letter of acceptance or by delivering the products you have ordered.

3.6 If it is impossible to deliver the products you have ordered, for example because the products are no longer in stock, we will send you no letter of acceptance. In such case no contract will result, and we will promptly notify you to that effect and refund any payments you may already have made.

3.7 Any purchase of products for purposes of commercial resale is prohibited. Any resale of purchased products for business or commercial purposes without our prior consent or the consent of the manufacturer is prohibited. We reserve the right to exclude you from any future purchase of our products if this provision is violated.

4. Cancellation Right

4.1 Provided that you are a consumer (i.e., a natural person who places the order primarily for personal purposes and not for commercial purposes), you have the right to cancel the contract in accordance with applicable law.

4.2 Depending on which of the following alternatives applies to you, we hereby provide you with the following information about your cancellation right:

4.2.1 In the event that you have purchased several products in one and the same order, the products are delivered separately, and you have specified a delivery address in the Federal Republic of Germany, we hereby provide you with the following information about your cancellation right:

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Information about Cancellation Right

Cancellation right

You have the right to cancel this contract within 14 days for any or no reason.

The cancellation period is 14 days from the date on which you or a third party designated by you, other than the carrier, took delivery of the products.

To exercise your cancellation right, you must provide us with clear notice of your decision to cancel this contract (by mailing a letter to: Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, sending an e-mail to: info@graham-hill.com, or sending a fax: +49-4101-373311).  You may, but are not required to, use the attached cancellation form for this purpose.

It is sufficient for compliance with the cancellation deadline that your notice of cancellation is sent before the deadline expires.

Consequences of cancellation

If you cancel this contract, we will be required to refund to you all payments we have received from you, including shipping costs (except for any additional costs incurred because you have selected a method of delivery other than the least expensive standard delivery method offered by us), promptly and at the latest within 14 days from the date on which notice of your cancellation of this contract is received by us. This refund will be made using the same payment method that was used by you for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees or other costs for a refund. We may refuse to process refunds until products have been returned to us or you have furnished proof to us that you have returned the products to us, whichever event occurs first.

 

You must return products, by mail or personal delivery, to us promptly and in any event at the latest 14 days from the date on which you provided us with notice of cancellation. To comply with this deadline, products must be sent prior to expiration of the 14-day period.

 

The costs of returning products will be paid by us.

You will not be responsible for any diminished value of returned products unless such diminished value results from your handling of products in a manner that is not necessary for inspecting their quality, features, or functionality.

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4.2.2 In the event that you have purchased several products in one and the same order, the products are delivered separately, and you have specified a delivery address outside the Federal Republic of Germany, we hereby provide you with the following information about your cancellation right:

 ______________________________________________________________________

Information about Cancellation Right

Cancellation right

You have the right to cancel this contract within 14 days for any or no reason.

The cancellation period is 14 days from the date on which you or a third party designated by you, other than the carrier, took delivery of the products.

To exercise your cancellation right, you must provide us with clear notice of your decision to cancel this contract (by mailing a letter to: Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, sending an e-mail to: info@graham-hill.com, or sending a fax: +49-4101-373311).  You may, but are not required to, use the attached cancellation form for this purpose.

It is sufficient for compliance with the cancellation deadline that your notice of cancellation is sent before the deadline expires.

Consequences of cancellation

If you cancel this contract, we will be required to refund to you all payments we have received from you, including shipping costs (except for any additional costs incurred because you have selected a method of delivery other than the least expensive standard delivery method offered by us), promptly and at the latest within 14 days from the date on which notice of your cancellation of this contract is received by us. This refund will be made using the same payment method that was used by you for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees or other costs for a refund. We may refuse to process refunds until products have been returned to us or you have furnished proof to us that you have returned the products to us, whichever event occurs first.

You must return products, by mail or personal delivery, to us promptly and in any event at the latest 14 days from the date on which you provided us with notice of cancellation. To comply with this deadline, products must be sent prior to expiration of the 14-day period.

The direct costs of returning products will be paid by you.

You will not be responsible for any diminished value of returned products unless such diminished value results from your handling of products in a manner that is not necessary for inspecting their quality, features, or functionality.

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4.2.3 In the event that you have purchased several products in one and the same order, the products are delivered together in a single package, and you have specified a delivery address outside the Federal Republic of Germany, we hereby provide you with the following information about your cancellation right:

 ______________________________________________________________________

Information about Cancellation Right

Cancellation right

You have the right to cancel this contract within 14 days for any or no reason.

The cancellation period is 14 days from the date on which you or a third party designated by you, other than the carrier, took delivery of the products.

To exercise your cancellation right, you must provide us with clear notice of your decision to cancel this contract (by mailing a letter to: Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, sending an e-mail to: info@graham-hill.com, or sending a fax: +49-4101-373311).  You may, but are not required to, use the attached cancellation form for this purpose.

It is sufficient for compliance with the cancellation deadline that your notice of cancellation is sent before the deadline expires.

Consequences of cancellation

If you cancel this contract, we will be required to refund to you all payments we have received from you, including shipping costs (except for any additional costs incurred because you have selected a method of delivery other than the least expensive standard delivery method offered by us), promptly and at the latest within 14 days from the date on which notice of your cancellation of this contract is received by us. This refund will be made using the same payment method that was used by you for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees or other costs for a refund. We may refuse to process refunds until products have been returned to us or you have furnished proof to us that you have returned the products to us, whichever event occurs first.

You must return products, by mail or personal delivery, to us promptly and in any event at the latest 14 days from the date on which you provided us with notice of cancellation. To comply with this deadline, products must be sent prior to expiration of the 14-day period. 

The direct costs of returning products will be paid by you. 

You will not be responsible for any diminished value of returned products unless such diminished value results from your handling of products in a manner that is not necessary for inspecting their quality, features, or functionality.

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 In all other cases, we hereby provide you with the following information about your cancellation right:

 ______________________________________________________________________

Information about Cancellation Right

Cancellation right

You have the right to cancel this contract within 14 days for any or no reason.

The cancellation period is 14 days from the date on which you or a third party designated by you, other than the carrier, took delivery of the products.

To exercise your cancellation right, you must provide us with clear notice of your decision to cancel this contract (by mailing a letter to: Hans Conzen Kosmetik GmbH, Lehmkoppel 2, 25499 Tangstedt, sending an e-mail to: info@graham-hill.com, or sending a fax: +49-4101-373311).  You may, but are not required to, use the attached cancellation form for this purpose.

It is sufficient for compliance with the cancellation deadline that your notice of cancellation is sent before the deadline expires.

Consequences of cancellation

If you cancel this contract, we will be required to refund to you all payments we have received from you, including shipping costs (except for any additional costs incurred because you have selected a method of delivery other than the least expensive standard delivery method offered by us), promptly and at the latest within 14 days from the date on which notice of your cancellation of this contract is received by us. This refund will be made using the same payment method that was used by you for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees or other costs for a refund. We may refuse to process refunds until products have been returned to us or you have furnished proof to us that you have returned the products to us, whichever event occurs first.

You must return products, by mail or personal delivery, to us promptly and in any event at the latest 14 days from the date on which you provided us with notice of cancellation. To comply with this deadline, products must be sent prior to expiration of the 14-day period.

The costs of returning products will be paid by us.

You will not be responsible for any diminished value of returned products unless such diminished value results from your handling of products in a manner that is not necessary for inspecting their quality, features, or functionality.

4.2.4 The instructions in this section 4.2 are translations of the German instructions regulated by German law. The German version of the instructions are available here [Anm. H+p: Hier Link zu deutschen AGB und dort den Widerrufsbelehrungen setzen.]. In case of any deviations or questions of interpretation the German versions prevail.

4.3 There is no cancellation right for the following remote sales contracts:

(a) Contracts for the delivery of products which are custom-made for the consumer or which are clearly tailored to the personal needs of the consumer, or for the delivery of products which due their nature are not suitable for return, or for the delivery of products which expire quickly or whose expiration date would be exceeded;

(b) Contracts for the delivery of audio or video recordings or of software, if the seal was removed after delivery; and

(c) Contracts for the delivery of sealed products which for reasons of health or hygiene are not suitable for return, if the seal was removed after delivery.

4.4 Our cancellation form is available here.

5. Availability, Prices

5.1 We have no obligation to keep offered products available on a permanent basis. We assume no procurement risk, even if a purchase contract is for generic products. The extent of our delivery obligation is limited to stocked product inventory.

5.2 All prices quoted in our online shop are gross prices including legal value-added tax, but excluding shipping costs.

5.3 Shipping costs are quoted as part of our prices in the online shop. The price of a product, including value-added tax and shipping costs, will also be shown in the order summary before you send the order.

5.4 If we fill your order by making delivery installments in accordance with Section 6.6, you will incur shipping costs only for the first delivery installment. If delivery is made in installments at your request, we will charge you shipping costs for each delivery installment.

6. Payment, Delivery

6.1 The purchase price and shipping costs are payable at the time the order is placed.

6.2 In cooperation with PAYONE GmbH, Fraunhoferstr. 2-4, 24118 Kiel, we offer you the payment methods of SOFORT online bank transfer, credit card, and PayPal. You may select a different payment method each time you place an order.

6.3 Products will be delivered from our warehouse to the address specified by you. 

6.4 The delivery time is approximately five (5) business days from the contract date, unless otherwise agreed.

6.5 If delivery is delayed by force majeure, the delivery time will be extended by a reasonable time period. Strikes, lockouts, non-performance by suppliers, government intervention, and any other impediments which reasonably are not due to our fault are equivalent to force majeure. We will notify you of the beginning and end of any such impediments. If the impediment in any of the aforementioned cases continues for more than four weeks beyond the originally agreed delivery time, you will have the right to rescind the contract. Any other claims, including, without limitation, claims for damages, are hereby excluded.

6.6 If products are shipped to consumers, the risk of accidental loss of or accidental damage to the products transfers to the consumer, or to such other recipient as may be designated by the consumer, when the products are delivered, whether or not the shipment is insured. Otherwise the risk of accidental loss of or accidental damage to the products transfers to the purchaser at the time of delivery or, if products are shipped, at the time the products are turned over to the carrier or to such other person or institution as may be designated as the party responsible for shipment.

6.7 We have the right to make delivery in installments to the extent not unduly burdensome for you.

7. Damage during Shipment

 7.1 If products are delivered with obvious damage sustained during shipment, we ask that you immediately complain of such damage to the shipper and that you contact us as soon as possible.

7.2 Any failure to complain of damage or to contact us will have no consequences for your statutory warranty rights. However, you will help us pursue our own claims against the shipper and/or shipping insurance company by contacting us as soon as possible.

8. Retention of Title

We retain title to all products until payment in full has been received.

9. Warranty, Liability

9.1 We are liable for any defects in quality or in title of delivered products under applicable law, including, without limitation, §§ 434 et seq. of the German Civil Code (BGB). The limitation period for any statutory claims for non-conformity is two years from the date the products are delivered.

9.2 Any seller's warranties made by us or any manufacturer's warranties made by manufacturers for particular products are in addition to your claims based on defects in quality or in title within the meaning of subsection 1. The exact scope of such warranties is governed by the warranty terms enclosed with the products, where applicable.

9.3 Our contractual and non-contractual liability to you is limited to compensatory damages or reliance damages in cases involving intentional or grossly negligent actions or omissions as provided by applicable law.

9.4 In all other cases we are liable – unless otherwise provided in Section 9.5 – only for any breach of a contractual obligation whose performance is a prerequisite for due performance of the contract and on the performance of which you, the customer, may generally rely (a so-called "cardinal obligation"), in each case limited to reasonably foreseeable damages. In all other cases our liability is excluded, subject to the provisions of Section 9.5.

9.5 Our liability for damages involving harm to life, limb or health and our liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected by the foregoing limitations and exclusions of liability.

10. Promotional Certificates

Promotional certificates are store credits that we issue in particular in connection with advertising campaigns and that are valid for a particular time period. Promotional certificates cannot be purchased. Promotional certificates are valid only for www.grahamhill-cosmetics.com and are valid only for the time period specified. Certain brands or products may be excluded from promotional certificate campaigns. The product value must be equal to or greater than the amount of the promotional certificate. Any right to receive cash payment for any credit balance remaining on a promotional certificate is hereby excluded. You can redeem promotional certificates only before the ordering process is completed. Promotional certificates cannot be applied after the order has been placed. We do not cash out or pay interest on the credit balance of any promotional certificate. If the  credit balance of a promotional certificate is less than the order amount, the amount of the difference may be paid by using any of the available payment methods. Promotional certificates will not be refunded if products are returned in whole or in part, provided that the promotional certificate was issued in connection with an advertising campaign and no payment was made for the promotional certificate. Promotional certificates may not be transferred to third parties. Several promotional certificates may not be combined. Promotional certificates may not be used to purchase gift certificates. To the extent that promotional certificates include other or additional terms and conditions, such terms and conditions will take precedence over the provisions of these General Terms and Conditions.

11. Gift Certificates

Gift certificates are store credits you can purchase. Gift certificates can be used to purchase products in the online shop at www.grahamhill-cosmetic.com. Gift certificates cannot be used to purchase other gift certificates. The credit balance of a gift certificate cannot be cashed out and does not bear interest. You can redeem gift certificates only before the ordering process is completed. Gift certificates or credit balances cannot be applied after the order has been placed. A gift certificate has been redeemed once it has been applied to an order or has been credited to the store credit account. If the  credit balance of a gift certificate is less than the order amount, the amount of the difference may be paid by using any of the available payment methods. More than one gift certificate can be used for a single order. Gift certificates may be combined with one promotional certificate per order. We assume no liability for any lost or stolen gift certificates or for any gift certificates that are illegible without our fault. Gift certificates are transferable. Any use of gift certificates for commercial purposes is permitted.

 

 

12. Offset, Right to Refuse Performance

 

You have no right to offset counterclaims unless such counterclaims have been established by a final and conclusive court judgment or liability for such counterclaims has been acknowledged by Hans Conzen Kosmetik GmbH. Moreover, you may exercise any right to refuse performance based upon counterclaims only if your counterclaims arise from the same contract.

 

13. Copyrights and Trademark Rights

Please note that the content of the online shop, including, without limitation, photographs, images and descriptions, is for the most part protected under copyright law and trademark law. Any use of images, films, or texts beyond the search for or purchase of products in the online shop is prohibited, except with our express consent.

14. Governing Law, Venue and Jurisdiction

14.1The laws of the Federal Republic of Germany apply, with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods. If you have placed an order as a consumer and at the time the order is placed your habitual abode is located in a foreign country, the applicability of mandatory law in that country will remain unaffected by the choice of law provision in subsection 1.

14.2 If you are a merchant and at the time the order is placed your registered office is located in Germany, exclusive venue and jurisdiction will be in the courts at the place of the seller's registered office in Tangstedt. In all other respects, local and international jurisdiction is governed by applicable law.

14.3 Dispute resolution: The EU Commission has created an online dispute resolution platform. The platform serves as a point of contact for the out-of-court resolution of disputes involving contractual obligations that arise from online purchases. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in dispute resolution proceedings before any consumer mediation service nor do we have any obligation do so.

15. Information regarding Out-of-Court Dispute Resolution

The European Commission offers online dispute resolution at http://ec.europa.eu/consumers/odr. Furthermore, we have a legal obligation to inform you of the following competent consumer mediation service: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, http://verbraucher-schlichter.de. We do not participate in dispute resolution or mediation proceedings. Please contact our customer service.

16. Severability

If any provisions of this agreement should be or become invalid, the validity of the remaining provisions of this agreement shall remain unaffected thereby. Any invalid provision shall automatically be replaced by relevant provisions of applicable law. The same shall apply, mutatis mutandis, if any provisions have been inadvertently omitted.

Last revised: July 2017