Terms of service

ANA SOPHIE ROSE

GENERAL TERMS AND CONDITIONS

Status: 01. 02. 2022

 

Preamble

Ana Sophie Rose operates an online store where oils are distributed and sold. These products are perishable and have a limited shelf life of 2 years. They are also packaged in such a way that no third party can use, test and try these products before they are opened by the purchaser. The following General Terms and Conditions (GTC) apply to the online store of Ana Sophie Rose.

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between Ana Sophie Rose, Chilehaus A, Fischertwiete 2, 20095 Hamburg, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the website of the provider. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.

(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or independent professional activity. 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 his independent professional or commercial activity.

(3) The contractual language is German.

§ 2 Subject matter of the contract

The subject of the contract is the sale and distribution of oils.

§ 3 Conclusion of the contract

(1) The presentation of the goods in the online store of Ana Sophie Rose does not constitute an offer in the legal sense, but merely an invitation to the customer to make an offer in the legal sense. Due to the technical possibilities of presentation, the ordered goods may differ slightly, within reason, from the goods presented on the internet.

(2) The order by the customer is placed via the Ana Sophie Rose marketplace. The customer's orders constitute a binding offer to conclude a purchase contract for the ordered goods. The customer can submit their registration by e-mail or by using the registration form provided on the website of the provider. Before sending the registration, the customer has the possibility to check their information again, to change it (also via the "back" function of the Internet browser) or to cancel the registration.

(3) The seller will confirm receipt of the customer's order immediately by e-mail.  The purchase contract is concluded in case of payment by Klarna, Sofort-Überweisung, credit card or Paypal with the announcement of the delivery of the goods or with the delivery of the goods. The seller is entitled to accept the contract offer in the order within 5 working days.

When shipping to non-EU countries, additional taxes, duties and fees may apply, which are not charged to us, but are to be paid directly by the recipient. The buyer must make his own inquiries about any taxes, duties and fees that may be incurred in this regard.

(4) The conclusion of the contract is subject to the reservation that in case of incorrect or improper self-delivery, the Seller shall not perform or shall perform only partially. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall take all reasonable measures to procure the goods. Otherwise, the consideration shall be refunded without delay.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. The customer must therefore ensure that the e-mail address he has provided to the provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Prices and terms of payment

(1) The stated purchase price is binding. The purchase price includes the statutory sales tax.  In the case of shipping, additional shipping costs are incurred, which are to be added to the purchase price. Costs for packaging are included in the shipping costs.


(2) The customer has the following payment options:

- Payment by Sofortüberweisung

- Payment by Klarna

- Payment by credit card

- Payment by Paypal

§ 5 Retention of title

(1) In the case of consumers, the supplier retains ownership of the goods until the purchase price has been paid in full.

(2) The buyer only retains his right to compensation if his counterclaims are undisputed, recognized or legally binding.

§ 6 Shipping

Shipping takes place once a week, dispatch day is Tuesday.

(1) The seller delivers exclusively in Germany, the European Union and Switzerland and the United Kingdom. 

(2) If payment is made by Sofortüberweisung/Klarna/Kreditkarte/ Paypal, the delivery period begins one week after the payment instruction has been made.

(3) For deliveries within Germany we charge shipping costs of € 7.77 per shipment up to 2 kg weight. For deliveries to the European Union we charge shipping costs of € 17,77 per shipment up to 2 kg weight and € 21,11 per shipment up to 5 kg weight. For deliveries to Switzerland and the United Kingdom we charge shipping costs of € 31,11 per shipment up to 5 kg weight. We deliver only by mail order. A self-collection of the goods is not possible.

(4) Deliveries of an order value over € 111.00 are free of charge in Germany. 

(5) Items damaged by the post office as well as obvious defects will be replaced without complaint and without any costs on the part of the supplier. The customer has the option to demand the money back and return the goods. In this case, the shipping costs are borne by the provider. If goods are delivered with obvious transport damage, such defects must be immediately complained to the deliverer; the customer is also required to report this immediately to the provider.

If goods are delivered with obvious transport damage, such faults must be claimed immediately from the delivery agent; the customer is also required to report this immediately to the provider.

Customer Service:

E-mail: shop@anasophierose.com

§ 7 Transfer of risk

(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale by dispatch.

(2) The handover is the same if the customer is in default of acceptance.

§ 8 Exclusion of the right of withdrawal

A right of withdrawal of the customer does not exist according to § 312g paragraph (2) numbers 2. and number 3. because the goods of the provider are quickly perishable goods and goods whose expiration date is quickly exceeded. In addition, the goods are not suitable for return for reasons of health protection and hygiene if their seal has been removed after delivery or the goods have been opened.

§ 9 Liability

(1) The Provider shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.

(2) In case essential contractual obligations are affected, the liability of the Provider shall be limited to the foreseeable damage typical for the contract in the case of slight negligence. Material contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.

(4) A healing effect of the offered products is not promised and / or guaranteed. The products are not medicines or remedies. They do not replace medical treatment. However, the products can positively influence a medical treatment and its course.

Physical and mental complaints belong in the hands of a doctor or therapist.

When taking any medication, buyer is required to clarify any interactions with his doctor.

§ 10 Choice of Law, Place of Fulfillment, Place of Jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of fulfillment for all services arising from the business relationship with the Provider as well as the place of jurisdiction shall be the registered office of the Provider, provided that the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.

The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

Disclaimer / Legal Notice

Liability

Although the provider takes every care to ensure that the information published is correct, no warranty can be given with regard to the correctness, accuracy, up-to-dateness, reliability and completeness of this information. Anbieter expressly reserves the right to change, delete or temporarily not publish content in whole or in part at any time without prior notice.

Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

 

Disclaimer and safety notice for the oils:

The oils are not intended to provide professional medical advice or treatment for any medical condition. You should not use our website or the advice on our website to treat any health problem or for self-diagnosis. We recommend that you consult your doctor or healthcare professional if you are concerned about your health.

Please note that we do not accept any liability for the misuse of essential oils or any other products manufactured, packaged or supplied by it.

 

Safety Notice:

Essential oils are highly concentrated, powerful liquids. Their potency must be respected and they can be toxic if used incorrectly. The way you handle and use essential oils is very important. Read the following advice to make sure you are using essential oils safely and effectively. Please note that this list is not a complete safety reference.

  • Certain essential oils are flammable liquids.
  • Always keep out of the reach of children.
  • Never take essential oils internally.
  • Never take essential oils directly orally and avoid any contact with the mouth area and eyes.
  • If you have a medical condition and are taking medication or receiving medical treatment, you should discuss with your physician and a qualified aromatherapist whether it is safe to use aromatherapy in conjunction with the prescribed treatment.
  • Certain essential oils should be avoided during pregnancy. If you are pregnant, seek advice from a physician, midwife or aromatherapist before using essential oils.
  • Always consult a qualified aromatherapist before using essential oils on babies and children.
  • Never use essential oils on children under the age of 3. Their underdeveloped and sensitive organs cannot properly excrete the oils or efficiently process their metabolites.
  • Essential oils should never be applied undiluted to the skin as they can cause irritation.
  • Some essential oils are phototoxic. These oils should not be applied to the skin before direct sunlight.

References and links

References and links to third-party websites are outside the responsibility of Ana Sophie Rose. The access and use of such websites is at the user's own risk. Ana Sophie Rose expressly declares that she has no influence whatsoever on the design, content and offers of the linked websites. Information and services of linked websites are entirely the responsibility of the respective third party. Any responsibility for such websites is declined.