GENERAL TERMS AND CONDITIONS AND RIGHT OF WITHDRAWAL from ALL YOU NEAT.
Welcome to ALL YOU NEAT, our online store for exclusive skincare products for men. allyouneat.com is an offer from GERMANBEAUTYLAB GmbH & Co KG, Wilhelm-Blos-Straße 33, 12623 Berlin.
1. General
1.1 The following General Terms and Conditions (GTC) apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Buyer”) with GERMANBEAUTYLAB GmbH & Co. KG (hereinafter referred to as “NEAT”) for the goods presented in our online store. Any conflicting terms and conditions of the buyer are hereby rejected, unless otherwise agreed. Buyers can download the GTC to their computer and save and/or print them out. You can find the download link here: AGB und Widerruf.pdf.
1.2 A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity, Section 13 BGB.
1.3 An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity, § 14 para. 1 BGB.
1.4 The GTC apply to the use of our website allyouneat.com and all associated subpages.
2. Contract partner
The Buyer’s contractual partner is GERMANBEAUTYLAB GmbH & Co. KG, represented by the managing and personally liable partner: Just It GmbH (Berlin-Charlottenburg Local Court – HRB 201085, which in turn is represented by the managing director Robert Scharrenberg).
Phone: +49 1525 28 88 354
Email: shop@allyouneat.com
3. Subject matter of the contract – conclusion of the contract – contract language
3.1 NEAT makes a binding offer by presenting the products shown as examples in the online store. The buyer accepts the offer by clicking on the “Buy now” button on the product page and going through the self-explanatory order steps specified by NEAT. This means that the “Buy now” button under the desired product must be clicked first. This places the selected product in the digital shopping cart. The customer can then choose whether to return to the online store by clicking on the “Continue shopping” button, return to the digital shopping cart by clicking on the “Go to shopping cart” button or be forwarded to the checkout by clicking on the “Checkout” button.
3.2 If the customer returns to the online store, the purchase can be continued there as described above. When the customer reaches the digital shopping cart, all products in the digital shopping cart are displayed. Here you can also redeem vouchers and view the subtotal and total sum of the products. The digital shopping cart can be checked again here and changed if necessary by clicking on the “Update shopping cart” button.
Then click on the “Continue to checkout” button. In the next step, the buyer must enter the billing address and, if applicable, a different delivery address as shown in the input mask. These are in particular the e-mail address, first and last name, country, street and house number, postal code and city. At this point, the customer can choose whether to open a customer account. If the customer already has a customer account with NEAT, it is also possible to log in directly at this point and use the details stored in the customer account.
The customer can then view their shopping cart again in the overview and finally select one of the payment methods displayed (including credit card, PayPal, Bancontact, Alipay, etc.).
The customer must then confirm our GTC and complete the order process in the last step of the order process by clicking on the “Order with costs” button, which concludes the contract.
3.3 If the customer clicks on the “Checkout” button in the context of the selection under 3.1, he will be forwarded directly to the checkout and will go through the ordering process described under 3.2.
3.4 The buyer can correct his entries in the corresponding input fields at any time during the entire order process in each of the aforementioned steps using the usual keyboard and mouse functions (arrow keys back and forth).
3.5 The text of the contract will be stored by NEAT and sent to the buyer in text form by e-mail after conclusion of the contract together with the General Terms and Conditions, the revocation instruction and the revocation form.
3.6 The quality of the products ordered can be found in the respective product descriptions in the online store. Images on our website may not accurately reflect the products; colors in particular may vary for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance specifications are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.
3.7 The contractual languages are German and English.
3.8 The order is processed automatically by e-mail. The buyer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by NEAT can be received. In particular, the purchaser must ensure that all e-mails sent by NEAT or by third parties commissioned by NEAT to process the order can be delivered if SPAM filters are used.
3.9 In addition to the one-off purchase, the buyer can also opt for regular delivery as part of the ordering process for the refill offer. If the buyer opts for regular delivery of the refill offer, he must first select the time interval for delivery on the offer page as part of the ordering process before proceeding to the details in accordance with the above points. The shortest time interval for regular delivery is 1 month and the longest time interval is 2 months. The regular delivery can be paused at any time without prior notice under “My profile” in the customer account by clicking on the “Pause” button and paused or terminated by sending an informal notification to NEAT by e-mail to shop@allyouneat.com. The buyer will be reminded before each further shipment of a refill to the e-mail address stored with NEAT, so that the buyer has enough time to change the delivery time or address or to stop the deliveries. Payment(s) for subsequent deliveries shall be made using the same payment method as for the first order, unless otherwise agreed. Payment is due immediately upon delivery of the refill.
4. REVOCATION INSTRUCTION
4.1 The right of withdrawal only applies to buyers who are consumers (i.e. a natural person who concludes the order for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity).
4.2 The buyer is entitled to revoke the declaration to purchase the goods within 14 days by means of a clear declaration (e.g. a letter sent by post or e-mail) or, if the goods are handed over to him before the expiry of the deadline, also by returning the goods, without giving reasons.
You can use the attached sample withdrawal form, but this is not mandatory.
If you wish to cancel the contract, please fill out this form and send it back to us.
To GERMANBEAUTYLAB GmbH & Co KG, Wilhelm-Blos-Straße 33, D-12623 Berlin, e-mail: shop@allyouneat.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of a notification on paper)
– Date
__________
(*) Delete as appropriate.
The withdrawal period is fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the goods.
The withdrawal period is deemed to have been observed if the clear declaration of withdrawal or the goods are sent to before the withdrawal period expires:
GERMANBEAUTYLAB GmbH & Co KG
Wilhelm-Blos-Str. 33
12623 Berlin
E-mail: joy@allyouneat.com
German cell phone number: +49 (0)152 52 888 354
Consequences of revocation
4.3 The services received by both parties, in particular the goods received by the buyer and the payments made by the buyer to the seller (with the exception of the additional costs resulting from the fact that the buyer has chosen a different type of delivery than the standard delivery offered by the seller), must be repaid immediately in the event of an effective revocation and at the latest within fourteen days from the day on which the seller receives notification of the revocation of the contract. Benefits derived, such as interest, are issued. The buyer is obliged to pay compensation for any deterioration caused by the intended use of the delivered goods. This does not apply if the deterioration is exclusively due to the inspection of the properties and functionality of the delivered item. Testing the properties and functionality means testing the item, as is customary in retail stores.
4.4 The buyer is obliged to return the delivered goods to the above address within 14 days of being informed of the revocation. The deadline is met if the buyer dispatches the goods before the deadline expires. The seller may refuse repayment until he has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
The buyer shall bear the regular, direct costs of the return shipment, provided that the delivered goods correspond to those ordered.
4.5 The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5 Prices and terms of payment
5.1 The prices quoted by NEAT are in euros and are to be understood as final prices including the applicable statutory value added tax. Any additional delivery and shipping costs that may be incurred are shown separately in the respective product description as well as in the shopping cart and at the checkout before the contract is concluded.
5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which NEAT is not responsible and which are to be borne by the purchaser. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
5.3 Various payment options are available to the buyer, which are indicated in NEAT’s offer.
5.4 Depending on the payment method selected by the customer, the customer will be taken directly to the respective provider (e.g. PayPal) after conclusion of the contract and can initiate payment there.
5.5 NEAT accepts various credit cards, e.g. Visa, American Express or MasterCard. NEAT charges the buyer’s credit card immediately after receipt of the order.
6 Delivery and shipping conditions, retention of title
6.1 The delivery of goods shall be made by dispatch to the delivery address specified by the Buyer, unless otherwise agreed. The delivery address specified in the order processing at NEAT is decisive for the processing of the order, unless otherwise notified.
6.2 The delivery period within Germany is 14 working days. The period for delivery begins on the day after conclusion of the contract and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day. If several items have been ordered as part of one order, for which different delivery times apply, NEAT will send the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. There are no additional shipping costs.
6.3 If the goods shipped are returned to NEAT by a transportation company because delivery to the buyer was not possible, the buyer shall bear the costs of the unsuccessful shipment. This does not apply if the purchaser is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless NEAT had notified him of the service a reasonable time in advance.
6.4 It is not possible to collect the goods from the seller’s premises.
6.5 The goods remain the property of NEAT until the purchase price has been paid in full.
6.6 If the Buyer is an entrepreneur, the following shall apply in addition:
NEAT retains title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
The entrepreneur-purchaser may resell the goods in the ordinary course of business. In this case, the entrepreneur-purchaser hereby assigns to NEAT all claims in the amount of the invoice amount arising from the resale. NEAT accepts the assignment. However, the entrepreneur-purchaser is authorized to collect the receivables. If the entrepreneur-purchaser does not properly fulfill his payment obligations, NEAT reserves the right to collect claims itself. If the goods subject to retention of title are combined and mixed, NEAT shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. NEAT is obliged to release the securities to which it is entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. NEAT is responsible for selecting the collateral to be released.
7. transportation damage
7.1 If goods are delivered with obvious transport damage, buyers should immediately complain about such damage to the deliverer and contact NEAT as soon as possible.
7.2 Failure to make a complaint or contact us has no consequences for the statutory warranty rights (see point 8). It only helps NEAT to be able to assert its own claims against the carrier or the transport insurance.
8 Warranty and liability
8.1 The statutory warranty provisions and claims shall apply.
8.2 The color representation of the articles on the website may vary slightly depending on the Internet browser used and the monitor settings of the buyer; these deviations are technically never completely avoidable and do not constitute a defect.
8.3 For purchases by entrepreneurs within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own specifications and the manufacturer’s product description are authoritative for the quality of the goods. Public promotions and statements and other advertising by the manufacturer are not part of the quality of the goods owed by us.
- The goods must be checked immediately. Obvious defects must be reported to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, either remedy the defect or make a replacement delivery (subsequent performance). If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
8.4 The goods delivered by NEAT are only guaranteed if this is expressly stated in the order confirmation for the respective article.
8.5 Complaints and claims can be made by the buyer at the address and/or e-mail address given in the imprint. The link to the imprint is here.
8.6 NEAT’s liability for damages is excluded. This does not apply to claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by NEAT or an intentional or negligent breach of duty by a legal representative or vicarious agent of NEAT. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. NEAT is not responsible for achieving any particular economic success.
In the event of a breach of material contractual obligations, NEAT shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, limb or health.
9 Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 If the purchaser acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be NEAT’s place of business. If the purchaser is domiciled outside the territory of the Federal Republic of Germany, NEAT’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the purchaser’s professional or commercial activity. In the above cases, however, NEAT is in any event entitled to bring an action before the court at the buyer’s domicile.
10. OS platform and dispute resolution
10.1 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR REGULATION
The European Commission has set up an online platform for the out-of-court settlement of consumer disputes, which can be accessed at https://ec.europa.eu/consumers/odr.
In this context, we are legally obliged to refer to our e-mail address. This is: shop@allyouneat.com.
10.2 Consumer dispute resolution according to § 36 VSBG: We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
After a dispute arises between NEAT and a consumer that could not be resolved through negotiations with the consumer, consumers can generally contact the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., which is responsible for general consumer problems.
Contact: General consumer arbitration board
of the Center for Conciliation e.V.
Straßburger Staße 8
77694 Kehl on the Rhine
mail@verbraucher-schlichter.de
Phone: (+49) 07851 / 795 79 40
Fax: (+49) 07851 / 795 79 41
11. data protection
The data protection information applies to the use of NEAT, which can be accessed via the following link: https://allyouneat.com/de/datenschutzhinweise/.
Status June 2021