Terms and Conditions

General terms and conditions of business

1. Scope
2. Offer and conclusion of contract
3. Right of withdrawal, information on the right of withdrawal, consequences of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Applicable law

1.) Scope

These terms and conditions of Kosmetik Schiller (hereinafter referred to as "Seller") apply to all contracts concluded between the customer and the Seller regarding the products and/or services presented in the Seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

For the purposes of paragraph 1, customers are both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are neither related to their commercial nor their independent professional activity. A business, on the other hand, is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.

2.) Conclusion of contract

The product descriptions contained in the seller's online shop serve as an invitation to the customer to submit a legally binding offer.

The customer can submit an offer by telephone, in writing, by fax, by email, or via the online order form integrated into the seller's online shop. When ordering via the online order form, the customer submits a legally binding offer to purchase the goods in the shopping cart by entering their personal data and clicking the "Buy" button in the final step of the ordering process. Before submitting the order, all entries can be corrected at any time using standard keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the order is submitted and can also be corrected there using standard keyboard and mouse functions.

If the customer submits his offer by fax, email or via the online order form integrated into the seller's online shop, the seller will immediately confirm receipt of the customer's offer electronically (by fax or email).

The seller may accept the customer's offer by sending a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods within five days. The seller reserves the right to refuse acceptance of the order.

The order data is stored by the seller and can be accessed by the customer via the password-protected customer account after submitting their order, provided that the customer has created a customer account in the seller's online shop before submitting their order.

Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

Return shipping costs when exercising the right of withdrawal

If the customer has a right of withdrawal pursuant to Section 312d Paragraph 1 Sentence 1 of the German Civil Code (BGB), the customer will be charged the regular costs of return shipping if the price of the item being returned does not exceed €40, or if, in the case of a higher price, the customer has not yet provided the consideration or a partial payment at the time of withdrawal, unless the delivered goods do not correspond to the order. In all other cases, the seller bears the costs of return shipping.

3.) Right of withdrawal

You may cancel your contract within 14 days without giving reasons in written form (e.g., letter, fax, email) or – if the goods are delivered to you before the end of this period – by returning the goods. The cancellation period begins upon receipt of this notice in written form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations pursuant to § 312e paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 of the EGBGB. Timely dispatch of the cancellation notice or the goods is sufficient to meet the cancellation deadline. The cancellation notice should be sent to:

La Schiller

Perfume and cosmetics

Dorfstr. 59, 26180 Rastede

Telephone: +49 (0) 441 / 35099593

email: info@la-schiller.de

Managing Director Martina Schiller

3.1) Consequences of revocation

In the event of a valid cancellation, both parties are obligated to return any goods or services received and to surrender any benefits derived from them (e.g., interest). If you are unable to return the received goods or services in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the diminished value. This does not apply to the return of goods if the deterioration is solely due to their inspection – as would have been possible in a retail store. Furthermore, you can avoid the obligation to compensate for any deterioration caused by the proper use of the goods by not using them as if they were your own property and by refraining from any action that impairs their value. Goods that can be shipped by parcel post must be returned at our risk. You are responsible for the return shipping costs if the delivered goods match your order and if the price of the item being returned does not exceed €40, or if, in the case of a higher-priced item, you have not yet paid the full purchase price or a contractually agreed partial payment at the time of your cancellation. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel post will be collected from you. Refunds must be processed within 30 days. This period begins for you when you send your cancellation notice or return the item, and for us when we receive it.

3.2) Financed transactions

If you financed this contract with a loan and you revoke the financed contract, you are also no longer bound by the loan agreement if both contracts constitute a single economic unit. This is particularly likely if we are also your lender or if your lender uses our services for the financing. If the loan has already been disbursed to us when the revocation or return takes effect, your lender assumes our rights and obligations under the financed contract with respect to the legal consequences of the revocation or return. The latter does not apply if this contract concerns the acquisition of financial instruments (e.g., securities, foreign currency, or derivatives). If you wish to avoid any contractual obligation as far as possible, revoke both contractual declarations separately.

End of the cancellation policy

3.3.) Exclusion of the right of withdrawal

The right of withdrawal exists

1. not applicable to distance contracts for the supply of goods which are made to the customer's specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or which can spoil quickly or whose expiry date would be exceeded,

3.4.) General Information

Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging, including all accessories and packaging materials. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against damage during transport by using suitable packaging.
Please do not return the goods to us freight collect if possible. We will gladly reimburse you for the postage costs in advance upon request, provided that you are not responsible for these costs yourself.
Please note that the aforementioned points 1-2 are not prerequisites for the effective exercise of the right of withdrawal.

3.5) Return shipping costs when exercising the right of withdrawal

If the customer has a right of withdrawal pursuant to Section 312d Paragraph 1 Sentence 1 of the German Civil Code (BGB), the customer will be charged the regular costs of return shipping if the price of the item being returned does not exceed €40, or if, in the case of a higher price, the customer has not yet provided consideration or a partial payment at the time of withdrawal, unless the delivered goods do not correspond to the order. In all other cases, the seller bears the costs of return shipping.

4.) Prices and payment terms

The prices quoted by the seller are final prices, meaning they include all price components, including German VAT. Any additional delivery and shipping costs are listed separately in the respective product description.
For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product description in the offer:

• Advance payment by bank transfer
• PayPal
• Cash on delivery
• Instant bank transfer

If international shipping is offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:

• Advance payment by bank transfer
• PayPal

For deliveries to countries outside the European Union, additional costs may apply in individual cases, such as further taxes and/or duties, for example in the form of customs duties.

If advance payment is agreed upon, payment is due immediately after conclusion of the contract.
If you select the payment method "delivery on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed.
When selecting direct debit as the payment method and submitting the customer's bank details, the seller is irrevocably authorized to collect the invoice amount from the specified account. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective financial institution for the chargeback, provided the customer is at fault.
For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the buyer can collect the goods by prior arrangement with the seller. In this case, no shipping costs will be charged.
The customer is only entitled to offset payments if the counterclaim is undisputed, legally established, or acknowledged by the seller.
The customer may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

5.) Delivery and shipping conditions

Goods are regularly delivered by mail to the delivery address specified by the customer. The delivery address provided in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer is decisive.

If delivery to the customer is not possible, the commissioned transport company will return the goods to the seller, and the customer will bear the costs of the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance, or if the customer is exercising their right of withdrawal.

In principle, the risk of accidental loss or damage to the goods sold passes to the customer or an authorized recipient upon delivery. If the customer is a businessperson (acting in the course of their commercial or independent professional activity; Section 14 of the German Civil Code), the risk of accidental loss or damage passes to the buyer upon delivery of the goods to a suitable carrier at the seller's place of business.

With respect to an entrepreneur, all agreed delivery periods are subject to correct and timely self-delivery in cases where the seller has concluded a specific hedging transaction and is not responsible for the lack of availability.

6.) Retention of title

The goods delivered by the seller remain the property of the seller until full payment has been received.

7.) Liability for defects

If the purchased item is defective, the statutory provisions apply. The following applies in deviation from this:

For entrepreneurs

An insignificant defect does not generally give rise to any warranty claims.

Does the seller have the choice of the type of subsequent performance?

For new goods, the limitation period for defects is one year from the transfer of risk.

For used goods, rights and claims due to defects are generally excluded.

The limitation period does not restart if a replacement delivery is made under the warranty for defects.

For consumers The limitation period for claims based on defects in new goods is two years from delivery of the goods to the customer. For used goods, it is one year from delivery of the goods to the customer, subject to the restriction in clause 7.3.

For entrepreneurs and consumers , the above limitations of liability and limitation periods in clauses 7 and 7 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under the statutory provisions due to defects in accordance with clause 8.

Furthermore, for businesses, the statutory limitation periods for recourse claims under Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to businesses and consumers in cases of intentional breach of duty and fraudulent concealment of a defect.
If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

If the remedy for a defect is provided by way of replacement delivery, the customer is obligated to return the originally delivered goods to the seller at the seller's expense within 30 days. The return of the defective goods must be carried out in accordance with statutory regulations.

8.) Liability

The seller is fully liable for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraudulent misrepresentation and warranty promises, and if liability is based on mandatory legal provisions, such as the Product Liability Act.

Furthermore, the seller is liable as follows, regardless of the legal basis:

If the seller negligently breaches a fundamental contractual obligation (so-called cardinal obligation), liability for property damage is limited to the foreseeable, typically occurring average damage. Fundamental contractual obligations are those obligations that the contract, according to its content, imposes on the seller for the achievement of the contractual purpose, the fulfillment of which is essential for the proper execution of the contract, and on the observance of which the customer may regularly rely.
If the seller has negligently breached a non-essential contractual obligation, the liability for damages is limited to the order value.

9.) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought. The right to bring an action before a court at another legally established place of jurisdiction remains unaffected.

The contract language is German.