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General Terms and Conditions (GTCs)

 

Déesse AG (based in Oetwil, Switzerland)

and

Déesse International GmbH (based in Sauerlach, Germany)

 

for online sales and electronic business transactions via deesse.com to private customers (consumers) with billing addresses in Switzerland, Germany or within the EU.

 

  • 1 Scope

 

The following general terms and conditions of (Déesse AG, Industriestrasse 10, CH - 8618 Oetwil am See, Tel +41 (44)) 929 65 65, Fax +41 (44) 929 65 66, www.deesse.com, email: info.ch@deesse.com, Germany / Allemagne / Germania / Germany; European Union / EU, Déesse International GmbH, Rudolf-Diesel -Ring 32, D-82054 Sauerlach, Tel +49 (8104) 66 22 0, Fax +49 (8104) 66 22 99, www.deesse.com, Mail, info.eu@deesse.com) apply to your goods orders via deesse.com - provided this does not deprive you of further consumer protection at your place of residence in Europe, the version at the time of the order is applicable.

 

You can download the text of the terms and conditions on your computer or print them out. Any regulations deviating from these terms and conditions only apply if they have been confirmed by us in writing.

 

  • 2 Contract conclusion

 

(1.1) Deutschland/Allemagne/Germania/Germany, European Union/EU:

Should a contract have been concluded in Germany/Allemagne/Germania/Deutschland and within the European Union/EU, the contractual partner is:

 

Déesse International GmbH,

Rudolf-Diesel-Ring 32,

D-82054 Sauerlach

 

(1.2) Switzerland/Suisse/Svizzera:

Should a contract have been concluded in Switzerland/Suisse/Svizzera, your contractual partner is:

 

Déesse AG,

Industriestrasse 10,

CH - 8618 Oetwil am See

 

(2) Our information on goods and prices within each order process is subject to change and is non-binding. Rather, by placing an order via the "Buy" button, you first submit a binding offer to purchase, which still requires acceptance by us. Only with the acceptance of your order does the purchase contract for the goods come into effect. We are not obliged to accept your purchase offer. The automatically generated e-mail confirming that your order has been received, does not constitute acceptance of the order on the part of Déesse International GmbH / Déesse AG.  This e-mail confirms only that Déesse International / Déesse AG has received your offer. Nor does the transmission of the details of your bank account by e-mail for the purposes of pre-payment constitute acceptance on the part of Déesse International GmbH / Déesse AG. 

The contract text is saved. The specific details for your order can be found in the confirmation of receipt that you will receive from Déesse International GmbH / Déesse AG by email.

 

(3) Your order is accepted by us through the email confirmation of the dispatch of the goods.

You may not pass on a password required for ordering to third parties. In the event of disclosure, you are also responsible for orders placed by the third party. You will be liable for any orders placed with your password and any claims resulting from such orders.

 

  • 3 Cancellation policy

 

Right of rescission

You are entitled to rescind this contract within fourteen days without providing any reasons. The rescission period is fourteen days from the day on which you or a third party appointed by you, who may not be the transporter of the goods, have taken possession of the goods. In the case of a contract which includes several products, which the consumer has ordered as part of a single order and which are delivered separately, the rescission period is fourteen days from the day on which you or a third party appointed by you, who may not be the transporter of the goods, have taken possession of the last article in the order.

 

In order to exercise your right of rescission, you must inform us

 

in Germany/Allemagne/Germania/Deutschland, European Union/EU at:

 

Déesse International GmbH, Rudolf-Diesel-Ring 32, D-82054 Sauerlach, Tel +49 (8104) 66 22 0, Fax +49 (8104) 66 22 99, www.deesse.com, email, info.eu@deesse.com),

 

or

 

Schweiz/Suisse/Svizzera/Switzerland:

Déesse AG, Industriestrasse 10, CH - 8618 Oetwil am See, Tel +41 (44) 929 65 65, Fax +41 (44) 929 65 66, www.deesse.com, email: info.ch@deesse.com,

 

of your decision to rescind this contract by way of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form for this purpose, which is however not mandatory.

 

In order to safeguard the rescission period, it is sufficient that you submit notice of your exercise of the right to rescission prior to the expiry of the rescission period.

 

Consequences of rescission:

 

Should you rescind this contract, we are required to refund all the payments we have received from you, including the delivery costs (with the exception of additional delivery costs resulting from the fact that you have chosen a different method of delivery from the most favourable standard method of delivery chosen by us), immediately and at the latest within fourteen days of the day on which we receive notice of your rescission of this contract. We will use the same payment method for this refund as you used to carry out the initial transaction, unless anything different has been expressly agreed with you; under no circumstances will you be charged any expenses on account of this refund.

 

We are entitled to refuse a refund until we have received the goods or until you have provided proof that you have returned the goods, whichever occurs first.

 

You are required to return the goods or hand them over to us immediately and in any event within fourteen days at the latest from the date on which you inform us that you are rescinding this contract. The deadline will have been fulfilled provided you return the goods prior to the expiry of the deadline of fourteen days.

 

You are required to pay the direct costs of returning the goods.

 

You will only be required to reimburse any loss in value of the goods should this loss of value be due to unnecessary handling of the goods during an examination of their nature, qualities and functioning.

 

End of the information on rescission

 

Sample recission form

(If you wish to revoke the contract, please fill out this form and send it back).

 

  • to

Deutschland/Allemagne/Germania/Germany, European Union/EU:

Déesse International GmbH,

Rudolf-Diesel-Ring 32,

D-82054 Sauerlach,

Tel +49 (8104) 66 22 0, Fax +49 (8104) 66 22 99,

Mail, info.eu@deesse.com

 

or

 

Schweiz/Suisse/Svizzera/Switzerland:

Déesse AG,

Industriestrasse 10,

CH - 8618 Oetwil am See,

Tel +41 (44) 929 65 65, Fax +41 (44) 929 65 66,

Mail: info.ch@deesse.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 the (*) ………………………….……….. / received on the (*) ………………………………......

- Name of the consumer(s)/customer(s) ………………………………………………………………...…...

- Address of the consumer(s)/customer(s)…………...…………………………………………...……………

……………………………………………………………………………………………………………………….

  • Signature of the consumer(s)/customer(s) (only by letter/fax) ……………………………………………………………………………..
  • Date ……………………………………………………………………………...…..…………………………...

 

(*) Please fill in and delete what is not applicable 

 

Please also note the particular requirements with regard to rescission in the case of sealed goods in accordance with § 4.

 

  • 4 Sealed goods, rescission

 

Please note that parts of our product range, especially cosmetics and foodstuffs, are sealed for reasons of health protection or hygiene.

 

Should you have received sealed goods from us, the right of rescission is excluded as soon as the seal on the goods is removed after delivery (see also here the appropriate provisions of German law § 312g para. 2 no. 3 of the German Civil Code (BGB)).

 

Specifically, this means that, once the goods have been delivered, the right to rescission is forfeited on removal of the relevant seal (plastic foil, protective cap etc.) on the goods concerned. Rescission is no longer possible with respect to the goods whose seal has been removed and the value of the goods will therefore also not be reimbursed.

 

 

  • 5 Delivery

 

(1) Standard deliveries are made from our distribution centre to the delivery address specified in the order. Delivery to P.O. box addresses is not possible.

 

The following costs are calculated for standard deliveries depending on the respective country:

 

Switzerland          CHF 5.40

Germany                   € 4.06

Belgium                    € 4.24

France                      € 4.20

Italy                          € 4.27

Luxembourg              € 4.10

Malta                        € 4.13

Austria                      € 4.20

Romania                   € 4.17

 

For standard delivery to the above-mentioned countries, your order will be delivered within 3 - 7 working days from confirmation of the order and availability of the goods.

 

(2) Deliveries to customers with addresses in countries not mentioned in paragraph 1 will only be made if a delivery address in Germany is given or if the goods are collected from our above-mentioned company address in Germany (Sauerlach) during normal business hours (Mon - Fri).

 

In all other respects, please note the respective information on the products regarding availability/deliverability in our webshop.

 

(3) Public holidays and bank holidays within Switzerland, Germany, Austria, Italy, France, Belgium, Luxembourg, the Netherlands and Great Britain vary and affect the delivery date of your order. This will result in a delay in delivery of up to two business days following the holiday.

 

(4) We are entitled to make partial deliveries as long as this is reasonable for you based on your and our interests. In the case of partial deliveries, we shall of course bear any additional shipping costs resulting. The dispatch of partial deliveries occurs at our risk. With the receipt of each partial delivery, the risk for the delivered items is transferred to you. If we are delayed with a partial delivery or if the outstanding partial delivery is not possible for us, you are entitled to withdraw from the Contract as a whole or to claim damages for non-fulfilment of the entire obligation whenever the partial delivery is not in your interest.

 

  • 6 Means of payment, discounts, delivery terms and delays

 

(1) Depending on the amount of your order and the balance of your customer account at deesse.com, a credit check (§ 10) will only take place if the customer has chosen a payment method with a risk of default. You are offered a choice of the following payment options:

 

  1. Credit card (American Express, Mastercard, VISA, TWINT, Maestro)
  2. PayPal

 

The means of payment could be restricted, especially if the delivery address differs from the invoice address.

 

(2) Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus, or a birthday voucher) can only be redeemed under the terms and conditions of the respective promotion. Multiple discounts and discount vouchers cannot be combined.

 

(3) No discounts are granted on books and vouchers.

 

(4) The purchase price is due upon ordering and invoicing.

Your account will be debited at the next possible date, depending on the chosen payment method.

 

(5) If the invoice amount to be paid for a purchase is not credited to our account in due time, you are automatically in debt. Even without a further reminder, you are then additionally obliged to pay the statutory debt interest, in the amount of five percentage points above the respective base interest rate announced by the European Central Bank, and to pay further damages caused by default, in particular further collection costs. In any case, however, you shall be entitled to prove that no damage or less damage has been incurred. This shall apply in particular in the event that the invoice amount should be settled (in the event of payment by direct debit, credit card or PayPal), but is rejected by the account-holding institute or is not settled within 30 days of the invoice date.

 

  • 7 Property reservation

 

The goods remain our property until the purchase price has been paid in full. If you act contrary to the Contract, in particular in the event of late payment, we are entitled to take back the delivery item after setting a reasonable deadline; you are obliged to return the products.

 

  • 8 Claims for defects

 

(1) The pictures of the product must not always be identical with the actual appearance of the goods delivered. In particular, changes to the product range may result in changes in the appearance, layout or the composition (ingredients) of the products. Warranty rights will not apply should the changes be reasonable for the customer.

(2) If the goods are defective, we will ensure either replacement delivery or rectification of the defects within a reasonable time frame. If the supplementary performance you have chosen is only possible at a disproportionate cost, we are entitled to perform supplementary performance in another form. The expenses required for subsequent performance are borne by us. If we are unable to remedy the defect, you have the right to either cancel the purchase or obtain a reduction of the purchase price.

(3) Defective goods are to be returned to us, unless you have decided to obtain a reduction of the purchase price.

(4) Claims for defects expire after 2 years from the time of delivery of the goods.

(5) The costs for the return in the event of a defect are to be borne by us.

 

  • 9 Compensation, liability

 

 

Compensation for breach of a contractual obligation is to be paid under the legal conditions. The same applies to claims for damages based on the Product Liability Law. All instructions on the packaging, the inserts and product information must be observed. No liability is assumed for any application and/or handling that deviates from this.

 

We are only liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is violated. Essential contractual obligations are those obligations that protect the customer's essential contractual obligations, which the Contract must grant according to its content and purpose; also essential are such obligations, the fulfilment of which enables the proper execution of the contract in the first place and upon whose observance the customer has or can trust regularly, e.g. we must hand over the goods to the customer free of material and legal defects and to provide ownership of them. In these cases, however, the amount of liability is limited to the foreseeable and typical damage at the time the contract was concluded. Statutory liability regardless of fault as well as the provisions of the Product Liability Law remain unaffected by the above limitation of liability.

 

We are not liable for delays or breaches of contract if the delay or injury is caused by force majeure and for which we are not responsible. Events beyond our control are, in particular, strikes, lockouts or other industrial events, civil riots, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster or failure of private or public telecommunications networks, rail transport, ocean freight, air freight, freight forwarding or other public or private transport.

 

Due to the nature of the internet and the associated technology with which the website / app is made available, it can only be provided on an “as available” basis and “as is”. This means that we cannot promise that the use of the website / app will be uninterrupted, free of delays and error-free or that it will meet your expectations.

 

Likewise, we cannot guarantee the accuracy, timeliness, availability, correctness, and completeness of the information contained on the website / app (although we do our best to achieve this).

 

  • 10 Data protection / Credit check

 

Only the data required for business transactions will be saved.

 

SIX Payment Services AG in Zurich and SIX Payment Services (Germany) GmbH in Hamburg have been commissioned to process credit card payments. All credit card details are entered directly on the system of the aforementioned company in Zurich and Hamburg, and can neither be read nor saved by us.

 

For this purpose, we transmit the address data you have entered on these companies’ systems.

All personal data is treated confidentially.

Our company checks your creditworthiness, for orders where there is a risk of non-payment and where we therefore have a legitimate interest. During the credit check, a probability value for the risk of non-payment is determined. When calculating the probability value, your address data is used (but not exclusively).

 

In other respects, please note our data protection regulations on our website.

 

  • 11 Alternative dispute resolution

 

The European Commission provides a platform for online dispute resolution (OS), which you can find at www.ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

You are welcome to contact us directly if you have any questions or problems. We always strive to resolve any disagreements from our contract by mutual agreement.

 

  • 12 Disclaimer for external links

 

In the case that we have links to third-party websites on our website / app, we hereby declare that we have no influence on the design and content of the linked pages. We therefore expressly distance ourselves from all content on all linked third-party sites. We do not adopt the content of the linked pages as our own. This declaration applies to all links of the website / app and for all contents of the pages to which the links refer.

 

  • 13 Copyright

 

The use of all copyrighted material that we use and display on our website / app is only permitted for private purposes. Third-party material protected by copyright, which we use to display the goods offered, may not be used for our own purposes as long as this exceeds private use.

 

  • 14 Other

 

(1) We reserve the right to change the general terms and conditions at any time. These can be downloaded at any time in their current version from shop.deesse.com, as a PDF file for downloading and printing.

 

(2) Claims and complaints can be made at the addresses mentioned in § 1.

 

  • 15 Applicable law

 

In the event of legal disputes, Swiss law applies to our customers in Switzerland.

 

The law of the Federal Republic of Germany applies to our customers in Germany. For other end consumers within the European Union, the law at the residence of the end consumer is also applicable, provided that they are mandatory consumer law provisions.

 

UN CISG is excluded in each case.

 

  • 16 Severability clause

 

Should one or more regulations of these general terms and conditions be ineffective, the remaining regulations remain unaffected. The legal regulations take the place of the ineffective regulations.

 

 

Déesse AG (Oetwil, Switzerland)

Déesse International GmbH (Sauerlach, Germany)

 

(As of 08/2020)