General Terms and Conditions
§ 1 Scope
The following terms and conditions (General Terms and Conditions) apply to all purchase contracts concluded through our webshop under the domain "di1ara.com".
Contracting party is:
di1ara GmbH
Schirick 10
41751 Viersen
Managing Director: Veli Avci
Tel.: +49 (0) 175 4484213 (Customer support only via email)
Web: www.di1ara.com
E-Mail: contact@di1ara.com
§ 2 Subject Matter of the Contract
The goods listed in our webshop represent a non-binding product catalog.
§ 3 Conclusion of contract
The customer can place goods from our product catalog in their shopping cart by confirming the "Add to Cart" button, provided the goods are in stock. By pressing the "Order with Obligation to Pay" button, the customer submits a binding offer to purchase the goods in the shopping cart. The confirmation of the order receipt and the acceptance of the order is done through an automated email immediately after sending the shopping cart. The contract for the purchase of the goods is concluded by this order confirmation.
Before pressing the "Order with Payment Obligation" button, the customer can review the contents of the shopping cart as well as the provided personal data and can make changes at any time by selecting the respective order step and correcting input errors.
§ 4 Prices, Payment
The prices we have indicated are gross prices including all statutory price components, including the applicable value-added tax plus shipping costs. The amount of shipping costs can be found in the "Delivery" section. The specific shipping costs will be displayed to the customer before completing the order process. Shipping is free within the country (Germany) for orders over €25.00.
The following payment methods can be selected: Paypal, prepayment (bank transfer), and payment with KLARNA.
§ 5 Right of Withdrawal
Customers who are also consumers have a statutory right of withdrawal in distance selling. Consumers are natural persons who enter into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. The information on the right of withdrawal, in particular regarding conditions, deadlines, and procedures for exercising the right of withdrawal, as well as the sample withdrawal form, can be found under the menu item "Right of Withdrawal".
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery. Opened and used cosmetics cannot be returned for hygiene reasons if the usual method of application is directly on the body, such as with lipsticks. Therefore, the customer should consider before use whether they want to keep the product.
§ 6 Shipping
The goods we offer will be shipped within 3 working days after receipt of payment. More details about shipping can be found under the "Delivery" menu item.
§ 7 liability for defects
The customer's liability rights are governed by the statutory provisions.
§ 8 Disclaimer of Liability
Claims for damages by the customer are excluded, unless they are claims for damages arising from injury to life, body, or health, as well as liability for other damages that are based on intentional or grossly negligent breaches of duty by us or our vicarious agents. Liability for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the customer may regularly rely, remains unaffected. In the case of slight negligent breaches of these contractual obligations, we are only liable for the typical, foreseeable damage, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
§ 9 Retention of Title, Set-off
"If the customer is a consumer, we retain ownership of the purchased item until full payment of the purchase price has been made. If the customer is an entrepreneur acting in the course of their commercial or self-employed professional activity, a legal entity under public law, or a public law special fund, we retain ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties."
A right of set-off exists for the customer only if the counterclaims have been legally established or are undisputed or acknowledged and are based on the same contractual relationship.
§ 10 Storage of Contract Text
"We store the contract text and the data necessary for the processing of the purchase contract of the customer; unauthorized disclosure to third parties does not occur on our part. The data will be deleted after the processing of the contract and after the expiration of the statutory warranty rights. The customer can inquire at any time and through any possible communication channel whether and which data we have stored."
§ 11 final provisions
"All contracts with us are subject to German law, excluding the UN Sales Convention. The choice of law applies to consumers only to the extent that it does not restrict consumer protection regulations of their home country (principle of favorability). For all legal transactions in which a consumer is not involved, our place of business is agreed as the place of jurisdiction."
Status: December 2020