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General Terms and Conditions

General Terms and Conditions for Distance Selling Transactions

of Eponé Cosmetics GmbH, Helene-Wessel-Bogen 11, Germany, 80939 Munich, Germany, registered in the Commercial Register of the Local Court of Munich under HRB104793, represented by the Managing Director Peter Grein.

Contact

E-mail: info@epone-cosmetics.com
Fax:      +49 (0)89 31605759
Phone: +49 (0)89 3160573

You can download these GTC as a PDF from our site and save it on your computer.

§1 Scope of Application, Contractual Partner, Contractual Language

  1. These General Terms and Conditions (GTC) apply to all consumer goods purchase contracts concluded between you as a customer and us as the operator of the eponé online store(https://www.epone-cosmetics.com/en/shop/). Prerequisite for the conclusion of the contract is the age of majority of the customer.
  2. Our offer in the online store is primarily aimed at consumers within the meaning of § 13 BGB. As far as entrepreneurs according to § 14 BGB or corporations under public law order via the store, the 14-day right of withdrawal does not apply.
  3. The language available for the conclusion of the contract is exclusively German. Translations on the Website and translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

§2 Conclusion of contract, contract documents

  1. Our offers in the online store do not represent binding sales offers, but are an invitation to order. The offer to conclude a purchase contract is made by you as the customer by clicking the button “Order subject to payment” after completely filling out the order page. Regulations and conditions deviating from these GTC shall only apply if they have been confirmed by us in text form.
  2. After sending the order, you will immediately receive an e-mail confirming receipt of the order by us (“order confirmation”), which, however, is not yet an acceptance of the contract. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or send the goods to the dispatch. To ensure that you receive all contract-related information, please check the SPAM folder of your e-mail inbox regularly.
  3. The final prices stated in our online store are Euro prices and include the statutory sales tax according to German law.
  4. Please refer to the individual product descriptions in our online store for the essential features of the products we offer or the validity period of limited offers.
  5. The contract text (consisting of order and terms and conditions) is not stored by us. You can save or print the GTC, the information on data protection and the order confirmation or shipping confirmation as an electronic document via your browser before placing the order.
§3 Order process and correction options
  1. You have the possibility to place orders with us via a customer account or as a guest. If you register for a customer account with us, you will be able to check the status of your order, customize your personal information and view invoices. A password and username are required to log in. We recommend using strong passwords. It is not permitted to pass on the user name and password to third parties.
  2. At the end of the ordering process, an overview page of the shopping cart will show you the contract data, the ordered products and the price. There you have the possibility to make corrections to the entered data, products and quantities. The order is triggered as described in § 2 number 1 via the button “Order subject to payment”.

§4 Terms of delivery, transfer of risk and shipping costs

  1. We reserve the right to execute orders only after all previous deliveries have been paid.
  2. We exclusively supply customers in the following EU countries, or countries of the European Economic Area. Express deliveries are only possible in Germany and abroad only after individual agreement, if the foreign dangerous goods regulations allow this.

    Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Netherlands, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

  3. The shipping costs within Germany are € 5,95. From an order value of € 149, – we ship free of charge within Germany. The shipping costs for shipments to other EU countries and countries of the European Economic Area are € 14.95.
  4. The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions. Only if you are in default of acceptance, the transfer of risk already takes place before acceptance of the goods. We therefore assume the risk of loss or damage to the goods in transit to you.
  5. Delivery times stated by us are calculated from the time of our confirmation of the contract. If no or no deviating delivery time is indicated for the respective goods in our online store, it is 3 to 5 working days. The delivery time to other EU countries is 5 to 8 working days. As far as a delivery is made to an island, the delivery times can be extended up to 14 working days.
  6. If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of self-supply by upstream suppliers or force majeure), we shall inform you of this immediately, stating the new expected delivery deadline if necessary. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not available at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case, we shall immediately refund any consideration already paid. The statutory rights of the contracting parties shall remain unaffected.

§5 Payment, retention of title and withdrawal

  1. The payment of the purchase price is made either through the payment service provider Klarna Bank AB or through PayPal with the payment options selected there. When paying via PayPal, the debit occurs when the payment is triggered.
  2. The payment method will be displayed at checkout, so you have the option to choose the desired payment method. When paying via the Services, you must identify yourself accordingly.
  3. We do not accept other payment methods. Payments after receipt of invoice or by direct bank transfer are not possible.
  4. The goods remain our property until full payment. If you are in default of payment for more than 30 days, we have the right to withdraw from the contract and reclaim the goods.

§6 Gift vouchers and discount codes

Our discount codes are voluntary promotional discount codes. Gift vouchers are bearer papers according to §807 BGB, which you can purchase from us.

  1. Discount codes are intended for one-time use and can be redeemed by anyone. The discount codes expire after the expiration date and are redeemable only in the specified period. In the event of a revocation, a discount code will expire. The amount saved will not be credited or offset. Discount codes can be redeemed only once per purchase (regardless of the number of items purchased). Regardless of the amount of the discount code redeemed, the discount code expires with the purchase. Cash payment of the credited amount is not possible.
  2. Gift vouchers entitle the holder to have the amount noted on the voucher credited to the purchase sum when purchasing goods from the eponé range. Handing over the voucher to eponé or entering the voucher code is a prerequisite for the amount to be credited to the purchase price. If the voucher is only partially redeemed, the remaining value will be noted on the voucher as credit or deposited on the voucher code. As soon as the voucher code has been redeemed and the voucher amount has been retrieved, the claim arising from the voucher expires. A payment of the value of the voucher in cash is not possible also an interest is excluded.

    The claim arising from the gift voucher shall become time-barred in accordance with the statutory limitation provisions (§§ 194 et seq. BGB) in 3 years from the end of the year in which the voucher was issued. Residual credits also expire within the original period. After the expiration of the limitation period, the value of the voucher will not be applied to a purchase.

§7 Right of withdrawal and data protection

  1. The instruction on the statutory right of withdrawal can be found in a separate document.
  2. The data required for the processing of the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the regulation in our Privacy Policy.

§8 Rights of the customer in case of defects

  1. Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise stipulated below. The product images on the Internet may differ from the delivered products. In particular, packaging and containers can be changed in the event of assortment adjustments. Minor deviations in colors and the consistency of products such as oils or creams can have various causes, such as temperature fluctuations. Warranty claims exist only if these changes are unreasonable for you.
  2. If the goods purchased and delivered in our online store are defective, you are entitled to demand subsequent performance, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions. If the form of supplementary performance chosen by you is only possible at a disproportionate cost, we have the option to grant another form of supplementary performance. In the event of failure of subsequent performance, you may withdraw from the contract or reduce the purchase price.
  3. In addition, you shall also be entitled to rights due to defects within the scope of a quality guarantee, provided that we have expressly given such a guarantee with regard to the sold item in the individual case.
  4. Defective products are to be returned to us.
  5. The statutory limitation periods shall apply.

§9 Liability

  1. We, our representatives and vicarious agents are liable for intent and gross negligence and in case of injury to life, body and health according to the law.
  2. For the negligent breach of essential contractual obligations, i.e. obligations the fulfillment of which is a prerequisite for the proper execution of the contract or the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
  3. In all other respects, we shall be liable under the Product Liability Act for culpable breaches of material contractual obligations, or insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of a product in accordance with the law.

§10 Applicable law, mandatory consumer protection regulations

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if

    – you have your habitual residence in Germany, or
    – Your habitual residence is in a state that is not a member of the European Union.

  2. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

§11 Place of jurisdiction and consumer arbitration

  1. If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Munich.
  2. We would like to point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
  3. We point out according to § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. If you have any problems with our products, please contact us directly.

Munich, March 2023

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Privacy policy

In the following, we inform you about the collection of personal data when using our website http://www.epone-cosmetics.com. Personal data is information about the personal or factual circumstances of users, such as address, name, e-mail address, telephone number, user behavior and other information that allows conclusions to be drawn about a person. Insofar as we collect such data, you will be informed below about the purpose and scope of the data use.

1. responsible body

Eponé Cosmetics GmbH, Helene-Wessel-Bogen 11, D-80939 Munich, HRB 107493, represented by the Managing Director Peter Grein, is the responsible party in terms of data protection law. When asserting your rights under Section 5, please contact:
E-mail: grein@epone-cosmetics.com

Phone: +49 89 3160573

2. general information on the handling of personal data

Personal data is processed when you use our website, contact us by e-mail or visit our store. We analyze usage behavior via Google Analytics. In addition to our website, you can also use the social media linked through the website. During processing, we ensure that this data is only used within the framework of the applicable legal provisions or only with your consent. If we use data about you on the basis of consent, you have the right to object, so that the consent expires with effect for the future. You also have other rights which are explained in section 5. Specifically, we collect and use personal data in the following operations:

3. logging of usage scope of data processing

We also store the usage processes during simple use (without registration or if you otherwise transmit information to us) on the website temporarily and independently of what you do in a log file. Thereby we store

– the date and time of access,
– the duration of the access
– The IP address
– the operating system of the computer from which the access is made
– the web browser used to access the site
– Websites from which the user has reached our site
– the subpages that are used

The legal basis for the storage is Art. 6 I f DSGVO. The storage of the IP address is necessary to ensure the functionality of the website and to guarantee the security of the website. We store the IP address only for the duration of your visit, a personal evaluation does not take place. The collection of data to provide the website and the storage of data in log files is necessary for the operation of the website.

4. contact by e-mail

If you contact us by e-mail, we store the e-mail communication until your request or use has been dealt with in order to answer queries and to document the communication. When contacting us via the form, only the e-mail address is mandatory, the name is voluntary. These forms are protected against viewing by third parties through the use of TLS encryption.

When contacting us by e-mail, third parties may be able to view the e-mail if it is not encrypted. You can find out whether your e-mails are encrypted via your e-mail provider.

The legal basis for the use of the personal data transmitted in the e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

5. user rights information, objection, deletion and blocking of personal data, right of complaint

You have various so-called data subject rights with respect to your personal data. You may at any time request information (Art. 15 DSGVO) about the data we have stored about you; in addition, you may request that incorrect data be corrected (Art. 16 DSGVO), restricted for further processing (Art. 18 DSGVO) or deleted (Art. 17 DSGVO). You have the right to have your data transferred to a third party (Art. 20 GDPR) and the right to object to the processing of your data (Art. 21 GDPR). The regulations can be found here in Chapter III https://dejure.org/gesetze/DSGVO.

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. However, deletion is only permissible insofar as there are no statutory retention obligations to the contrary. In such cases, the deletion of personal data shall be replaced by the blocking of such data. If you have any questions about the use of your personal data or wish to have the data deleted, please contact the responsible office as per item 1. We reserve the right to answer your request only in writing and to establish your identity.

Insofar as we use your data with a legitimate interest, you can object to the use at any time, with the consequence that we delete your data. Please address this objection to the responsible body named in section 1

If we use your data on the basis of consent, you have the right to revoke this consent at any time with effect for the future. The revocation is to be sent informally to the responsible body named in section 1.

If you wish to complain about the handling of your personal data, you have the right to complain to a data protection supervisory authority about the processing of personal data by us. The supervisory authority responsible for us is the Bavarian State Office for Data Protection Supervision https://www.lda.bayern.de/de/index.html#

Privacy policy status: December 22

Imprint

EPONÉ COSMETICS GmbH
represented by the managing director: Peter Grein
Helene-Wessel-Bogen 11
80939 Munich, Germany
Commercial register number: HRB 104793
Sales tax identification number: DE 162463627

Tel: +49 89 3160573
Fax: +49 89 31605759
Email: info@epone-cosmetics.com

This imprint also applies to the social media presences on Facebook, Instagram, Pinterest, Youtube, LinkedIn.


Dispute resolution

The EU Commission provides under the link
http://ec.europa.eu/consumers/odr
 provides a platform for online dispute resolution to settle disputes arising from a contract with a consumer out of court.
We further inform you pursuant to § 36 para. 1 VSBG about the fact that we are not available for participation in a dispute resolution procedure before a consumer arbitration board, because we want to settle disputes with customers in direct contact amicably.

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