Terms & Conditions of Sale General Terms and Conditions

Internet sales conditions (GTC) of IKEMIAN UG (limited liability)

 

for sales contracts concluded between

IKEMIAN UG (limited liability), Bahrenfelder Straße 47, 22765 Hamburg, Tel.: 00 49 (0) 151 45110729, E-Mail: info@ikemian.com , registered in the commercial register of the Hamburg District Court under HRB 149339, represented by Managing Director Ikechukwu Nnamdi Igbokwe, VAT identification number: DE297203507 - hereinafter referred to as "Provider" -

and

the customer named in this contract - hereinafter referred to as "Customer" -

getting closed.

§ 1 Scope, definitions

(1) The following general terms and conditions (GTC) in the version valid at the time of the order shall apply exclusively to the business relationship between the web shop provider (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer"). Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§ 2 Registration and data protection

(1) The conclusion of contracts for the delivery of goods by the provider requires that the customer registers on the provider's website using the personal data requested there and declares his consent to the validity of these terms and conditions. Only persons with full legal capacity are entitled to register. There is no entitlement to admission. When registering, the customer selects a personal user name and password in accordance with the registration form on the provider's website. The password must be kept secret by the customer and must not be disclosed to third parties.

(2) Apart from the obligations set out in Section 2 Paragraph 1 above, the customer's registration on the provider's website does not entail any obligation and registration is free of charge for the customer. The customer can have his registration deleted at any time. Changes can be made online using the registration forms on the provider's website.

(3) The personal data entered by the customer during registration in accordance with Section 2 Paragraphs 1 and 2 will be used by the provider exclusively to process the contracts concluded between the provider and the customer for the delivery of goods and in accordance with the provisions of the EU GDPR of the BDSG. Any further use for the purposes of advertising, market research or to tailor the provider's service offerings to meet customer needs requires the customer's express consent. The customer has the option of giving this consent before placing an order for goods, but can revoke it at any time.

§ 3 Presentation of goods

The presentation of goods on the provider's website does not constitute a binding offer for the delivery of goods on the part of the provider. Contracts for the delivery of goods between the customer and the provider are concluded in accordance with the provisions of Section 4 of these terms and conditions.

§ 4 Conclusion of contract

(1) The customer can select products, in particular cosmetic items, from the provider’s range and collect them in a so-called shopping cart by clicking on the “Add To CART” button. By clicking on the “Pay now” button, the customer submits a binding application to purchase the goods in the shopping cart. If the customer selects “pay by direct bank transfer” (so-called manual payment method), a “complete order” button appears. The customer can change and view the data at any time before submitting the order. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thereby included them in their application.

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by the provider on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 5 Delivery, availability of goods

(1) Delivery times specified by the provider are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is a maximum of 14 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Member states of the European Union.

§ 6 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 7 Prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal. For orders valued at EUR 60.00 or more, the provider delivers to the customer free of shipping costs.

(3) The goods will be dispatched by post. The risk of dispatch will be borne by the provider if the customer is a consumer.

(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.

§ 8 Terms of payment

(1) The customer can pay by direct debit, PayPal, Visa, direct bank transfer or invoice. Payment by invoice is possible for registered new customers from the second order onwards.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest for the year in the amount of 5 percentage points above the base interest rate.

(4) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

§ 9 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.

(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

§ 10 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 11 Cancellation policy

(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which the provider will inform them below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (3) contains a model cancellation form.

Right of withdrawal Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (IKEMIAN UG (limited liability), Bahrenfelder Straße 47, 22765 Hamburg, email: info@ikemian.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. Consequences of revocation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(2) The right of withdrawal does not apply to contracts pursuant to Section 312g Paragraph 2 of the German Civil Code (BGB), including contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g Paragraph 2 No. 3 of the German Civil Code).

(3)

Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.)   At: IKEMIAN UG (limited liability) Bahrenfelder Strasse 47 22765 Hamburg Email: info@ikemian.com I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):  ……………………………………………………………………………..  …………………………………………………………………………….. (Name of the product/service, order number and price if applicable)  — Ordered on (*)/received on (*) ……………………………  — Name of the consumer(s)  …………………………………………………….  — Address of the consumer(s)  …………………………….....................  …………………………….....................  — Signature of the consumer(s) (only if notification is on paper)  ………………………………………………..  - Date …………………………… ________________ (*) Delete as appropriate

§ 12 Final provisions

(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

(2) 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 from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.