Terms of Service
by Rosense-Sen Naturkosmetik, Birol Sen, Mergenthalerallee 15-21, 65760 Eschborn, hereinafter referred to as the seller.
§ 1 GENERAL, DEFINITIONS
(1) The seller offers natural cosmetics in particular via the online shop on the website www.rosense.de. The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur i. s.d. Terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in exercise of their commercial or independent professional activity. customers i. s.d. Terms and conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The ordered goods may differ slightly from the goods shown on the internet due to the technical display possibilities, within reason, in particular there may be color deviations, insofar as this is reasonable.
(2) The order by the customer can be placed via the seller's website, by e-mail, by fax or in writing. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods.
(3) The seller will immediately confirm receipt of the customer's order by fax or email.
a) In the case of payment in advance/bank transfer, the purchase contract is not concluded with this order confirmation, but only with the dispatch of a separate e-mail with an order confirmation or the delivery of the goods. When paying in advance/bank transfer, the seller is entitled to accept the contract offer contained in the order within 2 working days. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
b) When paying by PayPal, the contract is already concluded with the payment instruction by the customer. The condition for an effective conclusion of contract is always that the ordering process is completed when the order is sent.
(4) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper delivery to ourselves, we will not pay or only pay in part. This only applies in the event that the non-delivery is not the fault of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be saved by the seller and sent to the customer by e-mail together with the legally effective general terms and conditions after the contract has been concluded.
§ 3 RESERVATION OF TITLE
(1) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.
(2) If the customer breaches the contract, in particular if he is in default of payment, if the customer provides false information about his creditworthiness or if an application is made to open insolvency proceedings, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and return the goods demand if the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He assigns to the seller all claims i. H. d. invoice amount accruing to him through resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment.
(4) The seller undertakes to deposit the securities to which he is entitled