seven days® cosmetic GmbH
Telephone +49 341 5294564
Telefax +49 341 2462599
Managing Director Mathias Koch
AG Leipzig Commercial Registry 24605
Head offices and place of jurisdiction Leipzig
VAT ID no. DE 263609953
Tax number 231/105/12449
General terms and conditions of business
§ 1 General
(1) The following conditions apply as the basis for all present and future supplies and services for all business relationships between seven days® cosmetic GmbH, Oststr. 118, D-04299 Leipzig (hereafter referred to as seven days®) and the customer. Any deviating, contradictory or additional general terms and conditions only become part of the contract if seven days® expressly agrees these in writing.
(2) The customer in terms of these terms and conditions can be consumers as well as companies.
§ 2 Offers and conclusion of contracts
(1) The presentation of the seven days® assortment of goods on the internet does not constitute an offer as defined by §§ 145 ff. BGB (German Civil Code). By placing an order via the online shop the customer submits a binding offer to purchase to seven days®. seven days® accepts the offer by written confirmation or supply of the goods. The receipt confirmation email/order confirmation email which is automatically sent by the system after the customer's order is received does not constitute a binding acceptance of the offer by seven days®.
(2) If the goods cannot be supplied the customer is informed without delay. Payments already activated are immediately reimbursed.
Additional agreements (e.g. test purchases) are only valid on written confirmation. Non-response by seven days® also never constitutes agreement or acceptance even with close business relationships.
§ 3 Supply
The type of delivery and means of transport can be freely chosen by seven days®. The customer is obligated to accept part deliveries and their part invoices at any time; all deliveries are at the buyer's expense and risk.
The customer must inform seven days® in writing about any transport damages or missing items immediately, at the latest on the working day after receiving the goods or else at the exclusion of payments. Recognisable transport damages (for example a damaged box) should be noted in detailed description on the freight delivery receipt or else forfeit all claims, the note "accepted with reservation" is not sufficient!
Announced delivery dates are only considered as estimated to the best of our knowledge, if no fixed dates have been agreed and do not entitle the customer to assert claims for damages. The contract partner can also not demand compensation due to non-fulfilment after an appropriate period of grace if the delay is not based on malice aforethought or gross negligence. In this case it is assumed that the delay has arisen through no fault of seven days®. Cases of force majeure relieve seven days® of the obligation to deliver. The same applies to all unforeseeable problems and complications with ability to deliver which seven days® has no influence over and of whatever type (official authority measures etc.) This includes in particular the whole or partial cancelling of deliveries, for whatever reason, on the part of an existing or prospective supplier. There is no obligation for seven days® to repurchase the products which are the subject of the contract from another supplier.
If the customer does not accept the goods seven days® is entitled after setting an appropriate deadline to either withdraw from the contract or demand the purchase price and compensation due to non-fulfilment. With non-acceptance seven days® reserves the right to charge usual fees for the storage of goods or the retrospective settlement of transactions.
§ 4 Prices, payments
The purchase prices apply at the time the order is placed and/or are priced. The purchase price includes statutory value added tax and is ex warehouse Leipzig. The purchaser is invoiced separately for the insurance and dispatch costs. They are displayed in the ordering process. Payments are only deemed as effective upon complete receipt exempt from charges at seven days®. Goods can be paid for by credit card, advance cash transfer, direct debit or payball. seven days® reserves the right to exclude or add to individual types of payment. Payment by direct debit is only possible with delivery in Germany. In case of a returned direct debit unpaid seven days® passes on the financial institute’s returned direct debit fees to the customer. For the second and any further warnings the customer is charged a one-off warning fee of 5.00 Euros per warning.
§ 5 Reservation of proprietary rights
seven days® reserves ownership of the delivered goods until complete settlement of the purchase price total amount from a complete order. As long as the reservation of proprietary rights exists the customer may not possess the goods. He may also not grant use to a third party.
§ 6 Guarantee and liability
seven days® guarantees for twelve months from handover that the delivered goods have the agreed properties if all service and maintenance provisions are complied with and with safekeeping and use under standard and usual conditions. After the twelve month period has expired any assertion of guarantee claims, even with concealed defects is excluded.
Traders are obligated to immediately check the delivered goods and defects not enforced in writing at the latest by the eighth day after the handover of goods are excluded. This deadline does not apply though for transport damages and missing goods! A complaint is not an entitlement to the retention of outstanding invoices. If the complaint is justified seven days® is free to meet customer’s guarantee claims by improvement, addition, price reduction, exchange or return with refund of the purchase price.
Damages arising from improper use or unusual external influences (dampness, heat, cold) are expressly excluded from any warranty, guarantee and/or compensation.
§ 7 Cancellation rights
(1) If the customer is a consumer he has the following right to cancel:
You can cancel your contract within two weeks without giving reasons in written form (e.g. letter, fax, email) or by returning the goods, if you received the goods before the deadline expires. The deadline begins after receiving this cancellation in written form but not before receipt of goods and also not before the fulfilment of our information obligations according to § 312c para. 2 BGB (German Civil Code) in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. In order not to exceed the cancellation deadline the timely dispatch of the goods or item is enough.
The cancellation should be addressed to:
seven days® cosmetics GmbH
Fax: +49 341 246 2599
Effects of cancellation
In the case of an effective cancellation any mutually received benefits are to be refunded and if applicable benefits derived (e.g. interest) are to be returned. If you are not able to return the received benefits in full or in part or only in a deteriorated condition to us then you are liable to pay compensation in this respect. In the case of delivery of the items this shall not apply if the deterioration of the goods is attributed exclusively to the inspection of the goods such as would have been possible for you in a store. In other respects you can avoid the obligation to compensate for deterioration due to the use of the good as intended by not using the goods as if they were your property and by refraining from doing anything which might impair their value. Goods capable of being sent by parcel post should be returned to us at our risk. You shall meet the costs of returning goods if the delivered goods correspond to those ordered and if the price of the items to be returned does not exceed 40 Euros and with a higher price item if at the time of cancellation you have not yet made the payment or a contractually agreed part payment. Otherwise the return is free of charge for you. Items not able to be sent in a package will be picked up from you. Obligations for the reimbursement of payments must be fulfilled within 30 days. The period begins with the dispatch of your cancellation statement or of the item and for us with its receipt.
End of the cancellation policy
(2) The right to cancel does not exist with the delivery of goods which are manufactured according to customer specifications.
§ 8 Choice of Law
(1) The law of the Federal Republic of Germany applies. With customers who conclude the contract not for professional or commercial purposes this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country the customer usually resides in.
(2) The provisions of the UN sales law are not applicable.
§ 9 Special provisions in relation to companies
(1) In relation to companies seven days® reserves proprietary of the goods until complete settlement of all payments from the current business relationship. The company is entitled to resell the goods in the course of normal business. It shall assign to seven days® all claims that are accrued against third parties through resale of the goods to the amount of the invoice. seven days® accepts this transfer. After the assignment the company is authorised to collect the claim. seven days® reserves the right to collect the claim itself as soon as the company does not meet its payment obligations properly and is in default of payment.
(2) The processing of delivered goods always takes place by companies in the name and by order of seven days®. If processing occurs with items which are not the property of seven days®, it acquires co-ownership of the new item in relation to the value of the goods supplied by it to the value of the other processed items.
(3) The exclusive court of jurisdiction for all disputes arising from this contract shall be Leipzig, Germany, if the customer is a trader, legal entity of public law or public special estate. The same applies if the customer has no general place of jurisdiction in Germany or his legal residence or usual place of residence is not known at the time of the proposed legal action.
§ 10 Re-export of products
If products are exported the customer is obligated in any case to have sole responsibility for providing all export licences, customs documents etc. at their own expense. The customer is further obligated to return all export and customs documents and such to seven days®, with the other obligation to pay for example any due value added tax payments.
Every customer who exports products is obligated to comply with the valid laws and provisions and to obtain the required export or import licences at their own expense. This obligation is forwarded to every domestic customer with the further obligation to forward on to all other domestic customers.
§ 11 Acknowledgement and revision of terms and conditions
seven days® is entitled to amend the terms and conditions and to inform customers also by email about the changes. If the customer does not object to these changes in writing within a period of 10 days from receipt then these are considered to be accepted and agreed by the customer.
§ 12 Salvatore Clause
Should individual provisions of these terms and conditions be or become ineffective in full or part this does not affect the entire general terms and conditions. The ineffective provisions will be replaced with an effective provision as agreed which is most approximate to the sense and meaning of the ineffective provisions. German law applies exclusively for this contract. The court of jurisdiction and place of venue shall be Leipzig, Germany for all claims resulting from this business relationship. seven days® is also entitled to bring claims before other courts.
seven days® cosmetics GmbH
We are delighted about your interest in our homepage and our company. Despite thorough content control we accept no liability for external links to third-party content. The protection of your personal data with collection, processing and use during your visit to our homepage is an important matter for us. All our staff, who deal with personal data as part of their job, are obligated to confidentiality and the correct use of data processing systems.
Your data is protected within the scope of legal regulations. In the following you can find information on which data is collected when you visit our website and how these are used:
1. Collection and processing of data
Each of our online shop customers expressly agrees that their company and personal data needed for the legal transaction is electronically collected and processed.
Each of our website users, regardless of whether a customer or not, expressly agrees that non-personal data necessary for the smooth running of the website is electronically collected and processed.
Each access to our homepage and each retrieval of data stored on our homepage is logged. Storage serves internal system related and statistical purposes. The following are logged: name of the retrieved file, date and time of retrieval, volume of data transferred, message about successful retrieval, web browser and requesting domain. In addition the IP addresses of the requesting computer are logged. Further personal data is only collected if it is volunteered for example in terms of an enquiry or registration.
2. Use and forwarding of personal data
If you have made personal data available to us we only use these to answer your queries, to process the contract concluded with you and for technical administration. Your personal data is only forwarded or communicated to a third party if it is required for the purpose of contract fulfilment - in particular the forwarding of order details to suppliers, if it is required for invoicing purposes or you have previously consented to it. You have the right to withdraw such consent with future effect at any time. The stored personal data will be deleted if you withdraw your consent for storage, if your knowledge is no longer required for the purpose for which it was saved or the storage of your data is contrary to any legal stipulations or laws.
3. Right to information
On written request we will gladly inform you about your personal stored data.
4. Legal disclaimer
This website was compiled with the upmost care. Despite this no guarantee can be accepted for the correctness and accuracy of the information. All liability for damages incurred directly or indirectly from the use of this website, is ruled out to the extent that it is not based on malice aforethought or gross negligence.