- General / Scope
The following General Terms and Conditions (GTC) also contain legal information on rights according to the regulations on contracts in distance selling and electronic commerce. They apply to all contractual relationships between IvyBeauty GmbH, Preussenstr. 17, 40883 Ratingen, Germany (Seller) and a consumer or entrepreneur (Customer), which are concluded via the online store on www.ivybears.com. The version valid at the time of the conclusion of the contract is decisive in each case. The inclusion of conflicting terms and conditions or terms and conditions of the customer that deviate from these GTC is hereby rejected, unless the parties expressly agree otherwise. The following General Terms and Conditions shall also apply if the delivery to the customer is carried out without reservation in the knowledge of conflicting conditions of the customer or ones which deviate from these General Terms and Conditions. The contract language is German.
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 BGB – German Civil Code).
An entrepreneur is defined as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 BGB).
Conclusion of contract
- Subject of the contract is the sale of goods. The essential characteristics of the goods result from the descriptions of the offered items.
- The representations of the products in the online store do not represent a legally binding offer to conclude a purchase contract on the part of the seller, but an invitation to submit a binding offer by the customer.
- The customer can initially place the desired item in the virtual shopping cart of the online store without obligation by clicking on the corresponding button. In the shopping cart, the customer is provided with an overview of the selected items and the costs (purchase price, VAT, shipping costs). In the further course of the ordering process, the customer is requested to provide their first and last name, their address (street, house number, zipcode, city), their email address and optionally their telephone number and company, unless this data has already been stored in the customer account. The mandatory data are marked with *. Next, the customer can select their desired payment method (bank transfer, PayPal, credit card (Visa, Mastercard, American Express) or SEPA direct debit). After confirming the terms and conditions as well as the revocation and data protection provisions, the customer can submit a binding offer to purchase the item(s) in the shopping cart by clicking the button that concludes the ordering process. The ordering process is thereby completed.
Before completing the order process, the customer can correct any input errors, for example, by returning to the previous offer page by pressing the “Back” button of their internet browser. There, new entries can be made in the input fields and previous input errors can be corrected using the mouse and keyboard. To cancel the ordering process, the customer can also close the browser window and call up the offer page again later. The customer can delete items in the shopping cart at any time by clicking on the button “remove”, which is located under the item description.
The customer can also place their order alternatively by mail, telephone or electronically by email.
- After receipt of the order, the customer receives an order confirmation from the seller by email, in which the seller informs the customer of the payment terms (the prerequisite for this is the provision of a valid email address). The customer also receives the terms and conditions as an attachment to the order confirmation. This is the acceptance of the offer and thus the conclusion of the contract with the seller. The receipt of the order confirmation by the customer is decisive.
If the customer chooses the payment method “PayPal”, they will be redirected to the PayPal website during the ordering process. There, after logging in, the customer will be asked to confirm the payment instruction to PayPal. With this payment method – in contrast to the declaration of acceptance described above – this process represents the acceptance of the offer by the seller, whereby the contract between the parties is concluded.
- In case of lack of availability of the ordered goods, the Seller reserves the right to refuse acceptance of the offer. The seller will inform the customer about this circumstance immediately.
- The text of the contract (with information on the type of item, purchase price, date of purchase, etc.) is stored on the seller’s internal system after the conclusion of the contract. However, the stored contract text will not be made available to the customer. The customer can make an independent backup of the order process, for example, by making a screenshot or by printing out the page.
- Subscription agreements
The customer has the option to regularly obtain the goods presented in the online store of the seller by way of a subscription. The selected goods will be sent to the customer recurrently in a 4-weekly timescale. The customer can find everything else in the respective item description.
- Prices / Terms of payment
- All prices of the seller are stated in euros and represent total prices. They include all price components incl. the respectively valid German statutory value added tax.
- The shipping costs incurred in addition to the purchase price are not included in the purchase price. The customer has to bear the shipping costs, unless free delivery was promised in the respective item description. The shipping cost charges can be viewed via a correspondingly marked button in the respective offer and this is also shown separately during the ordering process.
- The payment methods available to the customer are shown in the respective item description and in the order process.
- Unless otherwise stated in the available payment methods, the purchase price is due for payment immediately after conclusion of the contract.
- If the payment method “direct bank transfer” (prepayment) is selected, the goods ordered by the customer will be shipped after receipt of the customer’s payment to the bank account designated by the seller in the order confirmation.
- When selecting the payment method “credit card”, the customer is required to verify themself as the legitimate cardholder by entering the corresponding card data. The credit card specified by the customer will be charged immediately after the conclusion of the contract. If a charge to the customer’s bank account assigned to the credit card should fail due to incorrect account information or a lack of / insufficient account coverage, or if the customer should object to the charge without authorization vis-à-vis their bank and thereby reverses the charge, the customer shall be obligated to reimburse the costs incurred as a result, especially bank charges incurred due to chargebacks. This shall not apply if the customer is not responsible for the circumstances that led to the costs being incurred.
- If the payment method “SEPA direct debit” is selected, the purchase price shall generally be due for payment after the SEPA direct debit mandate has been issued. However, the due date shall not occur before the expiry of the period for the prior notification (“Pre-notification” = any communication of the Seller to the Customer (e.g. invoice, policy, contract) announcing a debit via SEPA Direct Debit). The Seller shall collect the purchase price via SEPA direct debit, with which the Customer’s bank account is debited, as a matter of principle when the goods to be shipped to the Customer have left the Seller’s sphere of control. However, the direct debit shall not be made before the expiry of the period for advance information. If a debit of the purchase price from the bank account specified by the customer fails due to incorrect account information or a missing / insufficient account coverage or if the customer should object to the debit without authorization to their bank and thereby reverses the debit, the customer is obligated to reimburse the resulting costs, especially bank charges incurred by chargebacks. This shall not apply if the customer is not responsible for the circumstances that led to the costs being incurred.
- In the case of subscription contracts within the meaning of Section 3 of the GTC, the same methods of payment shall be available to the customer as for non-recurring shipments. The purchase price for subscription contracts is due for payment in advance for the respective time interval. In the case of a SEPA direct debit mandate issued to the seller by the customer, the purchase price shall be debited at the beginning of the respective time period. In all other respects, the provisions of Clause 4.8. sentences 5 and 6 shall apply).
- The goods are considered paid only when the seller can dispose of the amount without restrictions. If the customer is in arrears, the seller is entitled to demand interest on arrears at the statutory rate. The proof of a higher damage by the seller is permissible. The customer shall be at liberty to prove that the seller has incurred no damage or significantly less damage.
- Delivery shall be made only within the delivery area indicated on the Seller’s website and shall be made (unless otherwise agreed) to the delivery address indicated by the Customer when placing the order. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer. If the respective offer does not specify a different delivery date, the goods will be delivered within 2-3 days. The delivery period begins on the day after conclusion of the contract. If advance payment has been agreed, the delivery period begins at the time of the customer’s payment instruction.
If it is agreed with the customer that in the case of orders for several goods with different delivery times, the goods are to be combined and delivered in a single shipment, the delivery time shall be determined by the item with the longest delivery time.
It should be noted that deliveries are not generally made on Sundays and public holidays. If the last day of the delivery period falls on a Sunday or a general public holiday recognized by the state at the place of delivery, the next working day shall take the place of this day.
- If delivery of the goods to the delivery address specified by the customer should not be possible (e.g. because the customer has specified an incorrect address in the order), the seller can demand reimbursement from the customer for the costs incurred in connection with the unsuccessful delivery attempt. There is no obligation to reimburse costs if the customer is not responsible for the reasons that led to the failure of delivery or if the customer was only temporarily prevented from accepting the goods.
- As far as a shipment to a country outside the European Union has been agreed, additional costs may be incurred for this (e.g. customs duties). These costs will not be invoiced by the seller, but are to be paid by the customer directly to the authority responsible for collection. Details on these costs and the handling can and should be requested from the respective competent authority of the destination country.
- Retention of title
- If the customer is a consumer and the seller makes advance payment for the delivery of the goods, the goods shall remain the property of the seller until the customer has paid the purchase price in full.
- If the customer is an entrepreneur, the following shall apply in addition: The seller retains title to the goods until full settlement of all claims arising from the current business relationship with the customer.
- Warranty law, notices of defects
- The statutory law on liability for defects shall apply.
- If the purchase involves the acquisition of a new item by a consumer, the liability period for defects to this item shall be 2 years. In relation to entrepreneurs, this liability period is limited to 1 year. The statutory commencement of the period shall apply.
- Excluded from the above provisions are claims of consumers due to material defects as well as claims for damages due to injury to life, body or health and/or claims for damages due to damage caused by gross negligence or intent on the part of the seller. In these cases, the statutory provisions shall apply in this respect.
- If the customer is a consumer, they are requested to check the ordered goods for completeness, obvious defects and transport damage as soon as possible upon delivery and to immediately notify the seller and, if necessary, also the delivering shipping service provider / shipping company of any complaints. If the customer does not comply with this request, this has no influence on the existence of their statutory warranty rights.
- If the purchase is a commercial transaction for both parties within the meaning of Sec. 343 of the German Commercial Code (HGB), the customer as purchaser shall be subject to the statutory duty to give notice of defects within the meaning of Sec. 377 of the German Commercial Code (HGB). Accordingly, the Buyer shall inspect the goods immediately after delivery by the Seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the Seller without delay. If the Buyer fails to notify the Seller, the goods shall be deemed to have been accepted, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery. Otherwise, the goods shall be deemed approved also in view of this defect. The timely dispatch of the notification shall be sufficient to preserve the rights of the Buyer. If the Seller has fraudulently concealed the defect, they may not invoke these provisions.
- Right of revocation
Consumers generally have a fourteen-day right of revocation. Customers can inform themselves about the details of the right of revocation in the separate revocation instructions. Revocation
- Contract term and termination of subscription contracts
- Subscription contracts are concluded for an indefinite period (unlimited).
- The customer may terminate subscription contracts with the seller at any time without notice. The right of the customer to extraordinary termination for cause remains unaffected.
9.3 Notices of termination shall be given to the Seller at least in text form (e.g. by email).
- The Seller shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
- Insofar as material contractual obligations are concerned, the Seller’s liability in case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract as well as obligations which the contract imposes on the Seller according to its content for the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
- In the event of a breach of immaterial contractual obligations, liability shall be excluded in the case of slightly negligent breaches of obligations. In this case, the personal liability of the legal representatives, vicarious agents and employees of the seller is also excluded.
- Place of performance, place of jurisdiction, applicable law
- If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance for all services arising from contractual relationships with the Seller shall be the Seller’s place of business.
- If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from contractual relations with the Seller shall be the Seller’s place of business.
The same shall apply if the Customer does not have a general place of jurisdiction within the Federal Republic of Germany or the territory of the European Union or if their place of residence or habitual abode is unknown at the time the action is brought.
This shall not affect the Seller’s right to invoke a different court at another place of jurisdiction established by law.
- All contractual relations between the Customer and the Seller shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, this choice of law shall only apply to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
- Alternative dispute resolution
The European Commission provides a platform (ODR platform) for the online resolution of consumer disputes. This platform can be reached via the external link http://ec.europa.eu/consumers/odr. In case of consumer disputes, the seller can be contacted via email@example.com and the other above mentioned ways. The seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.