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terms and conditions

§1 General

  1. These General Terms and Conditions (hereinafter: "GTC") of Bübchen Skincare GmbH, Johannes-Gutenberg-Straße 12–14, 65719 Hofheim am Taunus, Germany ("Bübchen") apply to all contracts concluded between us and you as our customer via our online shop at www.buebchen.de (hereinafter: "Online Shop"). You have the option of viewing, printing, and saving the GTC in a reproducible format during the ordering process. The GTC valid at the time of the order will be attached to the order confirmation as a PDF document. The currently valid version can also be accessed at www.buebchen.de.
  2. All agreements made between you and us in connection with the purchase contract are conclusively based on these General Terms and Conditions, our order confirmation email (see Section 3 Paragraph 2 of these General Terms and Conditions) and our declaration of acceptance.
  3. The version of the Terms and Conditions applicable at the time of conclusion of the contract shall prevail. By placing an order, you agree to the validity of the Terms and Conditions applicable at the time of the order. Any deviating general terms and conditions on your part will not be recognized unless we expressly agree to their validity in writing. Due to our system, we do not save the shopping cart or the contract text. However, you are free to print out the relevant website during the ordering process using your browser's print function.

§2 Offer

  1. Our product range is aimed exclusively at natural persons with full legal capacity and legal entities in Germany. Persons with limited or no legal capacity are only authorized to use the offered product range with the cooperation and consent of their legal representative. The statutory provisions of Sections 105a and 110 of the German Civil Code (BGB) remain unaffected.
  2. Orders are only possible with a delivery address in Germany.
  3. Images and advertisements of articles in the online shop are for product presentation purposes only and do not constitute a legally binding offer.

§3 Conclusion of contract

  1. You submit a binding offer when you complete the ordering process in our online shop by entering the relevant information and clicking the "Buy," "Pay Now," or "Order with Payment" button (or similar terms) in the final step. The data entered during the ordering process can be changed at any time until the order is completed.
  2. Receipt of your order will be confirmed immediately via email. However, we will only accept your order (your offer) and conclude the contract either (i) by dispatching the ordered goods (the customer will be informed of dispatch by a delivery confirmation via email) or (ii) by receiving a payment request after placing the order. In the event that several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. We can accept a customer's order within a period of three working days from receipt of the order.
  3. If delivery of the goods you ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will notify you immediately by email and promptly refund any consideration already received.

§4 Right of withdrawal

  1. If you are a consumer, you have a statutory right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
  2. If you, as a consumer, make use of your right of withdrawal in accordance with paragraph 1, you will have to bear the regular costs of returning the goods.
  3. In addition, the provisions for the right of withdrawal are set out in detail in the following cancellation policy:

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is 14 days from the day

1) In the case of a sales contract: ...on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods.

(2) In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: … on which the customer or a third party other than the carrier designated by him takes possession of the last good.

(3) In the case of a contract for the delivery of goods in several partial deliveries or pieces: … on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last partial delivery or the last piece.

(4) In the case of a contract for the regular delivery of goods over a specified period of time: … on which the customer or a third party other than the carrier designated by him takes possession of the first goods.

If several alternatives occur, the last point in time is decisive.

To exercise your right of withdrawal, you must inform us (Bübchen Skincare GmbH, Johannes-Gutenberg-Straße 12–14, 65719 Hofheim am Taunus, Germany, email: shop@buebchen.de) of your decision to withdraw from this contract by means of a clear statement (e.g., an email or a letter sent by post). You can use the sample withdrawal form provided in Section 4, Paragraph 4. The use of this form is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method 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 to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to

Bübchen / Returns Department
c/o Dallmann's Pharma Candy GmbH
Johannes-Gutenberg-Straße 12–14
65719 Hofheim am Taunus

to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs 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.

– End of the cancellation policy –

(4) Reproduction of the statutory model withdrawal form

Sample cancellation form

(If you wish to cancel the contract using the model cancellation form, please fill out this form and return it.)

To:

Bübchen Skincare GmbH, Johannes-Gutenberg-Straße 12–14, 65719 Hofheim am Taunus, Germany

Email: shop@buebchen.de


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 if notification is made on paper)

Date

(*) Delete as appropriate.

We are providing you with this sample cancellation form as an additional attachment to your order confirmation in order to offer you an easy way to print out this form (“print version”).

§5 Product prices, shipping costs and accepted payment methods

  1. All prices in our online shop are gross prices including statutory VAT and exclude any shipping costs. Shipping costs are listed at the following link. The prices applicable to goods ordered in the online shop are those valid at the time of the order. They are explicitly stated during the ordering process. You will also be informed of the shipping costs during the ordering process.
  2. The prices shown on www.buebchen.de apply to purchases in the online shop.

§6 Due date and terms of payment

  1. Unless otherwise stated, our invoices are due immediately upon conclusion of the contract, i.e. upon receipt of the shipping confirmation or after a separate request for payment (see Section 3 Paragraph 2 of these General Terms and Conditions) and are to be paid without deduction.
  2. When shopping online in our online shop, we offer PayPal, PayPal Express, credit card, Google Pay and Apple Pay as payment options.
  3. We reserve the right to exclude certain payment methods in individual cases.
  4. When paying via PayPal, the terms of use of PayPal (Europe) S.à rl & Cie, SCA apply. The applicable terms of use, which you as a PayPal user must agree to in relation to PayPal (Europe) S.à rl & Cie, SCA, can be found at www.paypal.com. You pay directly via your PayPal account. After submitting your order, you will be redirected to PayPal and authorize the order value there. Your PayPal account will be debited with the actual invoice amount immediately after authorization. As soon as our PayPal account has been informed of your authorization and your PayPal account has been debited, shipping will take place.
  5. You pay directly during the ordering process by entering your credit card details. When you place your order, the amount is reserved on your credit card (so-called authorization). Your credit card will not be charged until we ship the goods to you.
  6. Apple Pay offers you the ability to pay quickly using Safari on iPhone, iPad, and Mac. When you pay for your orders with Apple Pay, you don't have to manually enter your credit card information or shipping address. You simply tap the Apple Pay button and scan your fingerprint. Apple Pay then provides the relevant information to the payment provider.
  7. If you have the Google Pay app installed, you can tap the button to make a purchase with Google Pay. After tapping the button, you'll see your billing and shipping information. You'll then need to authenticate to complete the purchase.
  8. We may assign invoice claims to third parties, particularly for refinancing purposes and to simplify receivables processing. Please note that in the event of an assignment, we will transmit to the third party the information required for the assignment and for the assertion of the assigned claims in accordance with statutory provisions.

§7 Offsetting and right of retention

  1. You are only entitled to offset claims if the counterclaims you wish to offset relate to counterclaims arising from the same purchase contract and have been legally established, recognized by us, or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims arising from the same purchase contract.
  2. You can only assert rights of retention if the counterclaim is based on the same purchase contract.

§8 Retention of title

The goods remain our property until full payment has been made.

§9 Delivery

  1. The applicable delivery times can be found in the product information at www.buebchen.de. The delivery times for all ordered items are also stated in the order confirmation. The stated delivery times begin on the first business day (Monday - Friday) after receipt of the order.
  2. We will deliver ordered goods either ourselves or by commissioning third parties to the delivery address you provide.
  3. We reserve the right to make partial deliveries, provided this is reasonable for you. If we exercise this option, you will only incur shipping costs for the first partial delivery.

§10 Warranty, guarantees and customer service

  1. The statutory warranty rights apply subject to Section 11 of these General Terms and Conditions.
  2. Additional guarantees granted do not affect your statutory warranty claims.
  3. You can reach Bübchen customer service by email ( kontakt@buebchen.de ).

§11 Liability

  1. In all cases of contractual and non-contractual liability, we shall be liable to you for damages or reimbursement of wasted expenses in accordance with the statutory provisions in the event of intent or gross negligence.
  2. In other cases, unless otherwise provided in paragraphs 1 and 3, we are only liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions in paragraphs 1 and 3. In particular, we are not liable – subject to paragraphs 1 and 3 – for damages that did not occur to the goods themselves or for other financial losses.
  3. Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
  4. The provisions of this Section 11 also apply to breaches of duty by our vicarious agents.
  5. Given the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We therefore assume no liability for the constant and uninterrupted availability of our online shop.

§12 Data protection

  1. Personal data (e.g. title, name, address, e-mail address) are collected, processed and stored by us exclusively in accordance with applicable laws, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) as well as the Telemedia Act (TMG).
  2. As part of our privacy policy on www.buebchen.de, we provide additional information on data protection as well as on the type, scope and purpose of the collection and use of personal data by us.

§13 Copyrights

We hold the copyright to all images, films, and texts published in our online shop. Any use of these images, films, and texts is not permitted without our express consent.

§14 Commercial customers

The goods offered in our online shop are sold only to consumers and businesses as end users. The purchaser therefore undertakes to use the goods for private purposes. The commercial and business resale of the ordered goods is not permitted. We reserve the right to reject contractual offers that appear to be made for the purpose of commercial resale of the goods. If a contract has already been concluded, we reserve the right to withdraw from it and exclude the purchaser from purchasing our products in the future.

§15 Online Dispute Resolution

  1. In implementation of EU Regulation 524/2013, an online platform for consumer dispute resolution has been available since February 15, 2016. This platform serves as a contact point for the out-of-court settlement of disputes between consumers and online retailers/service providers regarding contractual obligations arising from online sales contracts. You can access this platform – with further information – at http://ec.europa.eu/consumers/odr/ .
  2. We are neither willing nor obliged to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (VSBG).

§16 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer residing in the European Union, the law of the country in which the customer resides also applies, insofar as mandatory consumer protection provisions apply.
  2. Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by the applicable statutory provisions. The same applies if the Terms and Conditions contain an unforeseen loophole.