Terms and conditions

 

      1. Scope of application
      2. Conclusion of contract
      3. Prices and methods of payment
      4. Delivery and shipping conditions
      5. Retention of title
      6. No sale to commercial customers
      7. Warranty
      8. Copyright and image rights
      9. Note on alternative dispute resolution
      10. Right of withdrawal for consumers
      11. No medical diagnosis or treatment
      12. Limited liability
      13. Final provisions, choice of law

 

 

1. SCOPE OF APPLICATION


1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods which you conclude with us, Peturo GmbH, Elisabeth-Treskow-Platz 1, 50678, Cologne, via our online shop.


1.2 Pre-formulated terms and conditions of you, which deviate from these GTC, shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity at least in text form (e.g. by email).


1.3 The GTC only applies if you are a consumer, i.e. the purpose of the ordered products and services cannot be predominantly attributed to your commercial or independent professional activity.


1.4 A sale to customers who act in the exercise of a commercial or self-employed professional activity and therefore as entrepreneurs or a sale of non-household quantities must be notified to us separately in advance.


1.5 The contract language is German.

 


2. CONCLUSION OF CONTRACT


2.1 Our information on products and prices within each order process is subject to change and non-binding.


2.2 You can first place the products in the virtual shopping basket without obligation. After clicking the "Proceed to checkout" button, you can enter delivery and invoice data and select the desired payment method. You can correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose in the order process. By clicking the "Purchase now" button, you place a binding order for the products in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent your order.


2.3 When the contract with us is concluded depends on the payment method you have chosen:

  • Klarna Invoice and Installment Purchase : We accept your order by sending a declaration of acceptance in a separate email or by sending the goods within two working days.
  • Klarna instant bank transfer : After placing your order, you will be redirected to the website of the payment service provider Klarna Bank AB (publ). The contract with us is concluded when your payment order is triggered there.
  • Amazon Pay : During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There you can select the delivery address and payment method saved with Amazon and confirm the payment instruction to Amazon. You can then complete the order process as usual in our online shop. After you have placed your order, we will ask Amazon to initiate the payment transaction and thereby accept your offer.
  • Google Pay: In the order process, you will be redirected to the website of the online provider Google before completing the order process in our online shop. There you can select the delivery address and payment method saved with Google and confirm the payment instruction to Amazon. You can then complete the order process as usual in our online shop. Once you have placed your order, we will ask Google to initiate the payment transaction and thereby accept your offer.
  • Apple Pay: In the order process, you will be redirected to the website of the online provider Apple before completing the order process in our online shop. There you can select the delivery address and payment method saved with Apple and confirm the payment instruction to Amazon. You can then complete the order process as usual in our online shop. Once you have placed your order, we will request Apple to initiate the payment transaction and thereby accept your offer.
  • Credit card: When you place your order, you also provide us with your credit card details. After your verification as a legitimate cardholder, we will request your credit card company to initiate the payment transaction and thereby accept your offer.
  • Paypal : After the order process you will be redirected to the website of the online provider PayPal. There you can initiate the payment transaction to PayPal. By our request for the payment transaction to Paypal and we accept your offer.
  • Prepayment by bank transfer: We will accept your order by sending you an acceptance declaration in a separate email within two days.

2.4 We do not store the text of the contract.

 


3. PRICES AND METHODS OF PAYMENT

3.1 All prices include the applicable statutory value-added tax and are subject to a flat-rate delivery charge.


3.2 The following payment methods are generally available for deliveries:
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:


Invoice: the payment period is 14 days from the date of dispatch of the goods or, in the case of other services, the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany , Austria , Switzerland .


Payment by installments: With the Klarna financing service you can pay for your purchase in fixed or flexible monthly installments according to the conditions stated in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. For more information on payment by installments, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany , Austria .


Instant bank transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order.


The use of the payment methods invoice, hire purchase and direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection regulations.

Further information on the individual payment methods and the availability in individual countries can be found under "Payment methods".

3.3 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

 


4. DELIVERY AND SHIPPING CONDITIONS


4.1 Delivery of the Products will be made by post and to the delivery address you have provided.


4.2 You will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) for the individual products on a separate information page "Shipping costs & delivery times" or in the context of the respective product description..


4.3 Any customs duties or local taxes must be paid by you.

 


5. RESERVATION OF OWNERSHIP


The product delivered to you remains our property until full payment has been received.

 


6. NO SALE TO COMMERCIAL BUYERS


6.1 The goods offered in the shop are only sold to consumers. The commercial resale of the products is not permitted without our expressed consent.


6.2 We have the right to withdraw from the purchase contract if a customer purchases products from us contrary to the prohibition stated in paragraph 1 in order to resell them or has already resold the products.


6.3 We reserve the right to assert claims for damages due to the unauthorised resale of our products.

 


7. WARRANTY

7.1 In the event of defects in the delivered object of purchase, you shall be entitled to the statutory rights within the framework of the warranty/liability for defects separate from any guarantee.


7.2 If guarantees are advertised, the details are set out in the guarantee conditions, which are made available in text form before the order is placed.

 


8. COPYRIGHTS AND IMAGE RIGHTS


All copyrights and image rights displayed on the website belong to us or we are entitled to use them. Use without our expressed consent is not permitted.

 


9. NOTICE ON ALTERNATIVE DISPUTE RESOLUTION


The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/.


We would also like to point out, pursuant to Section 36 (1) and (2) of the Consumer Dispute Resolution Act, that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

  

10. WITHDRAWAL RIGHTS FOR CONSUMERS

Consumers have the following Withdrawal rights:

(1) Cancellation policy

Withdrawal Right

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a person you have designated

- you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are delivered uniformly, or;

- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately, or;

- the day on which you or a third party other than the carrier and indicated by you has taken possession of the last consignment or the last item, if you have ordered goods that are delivered in several consignments or items.

To exercise your right of withdrawal, you must inform us (Peturo GmbH, Elisabeth Treskow Platz 1, e-mail: hello@mammaly.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of withdrawal

(1) If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods or handed them over to a partner designated by us, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send off the goods or hand them over to a partner named by us before the end of the fourteen-day period.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

(2) Sample cancellation form

Sample cancellation form

(If you wish to cancel the contract, please fill in and return this form)

- To: Peturo GmbH, Elisabeth Treskow Platz 1, 50678, Cologne, e-mail: hello@mammaly.eu

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date

__________

(*) Cross out where inapplicable.

(4) We will bear the costs of the return or collection.

(5) If you exercise your voluntary right of return, the repayment will be made to the account to be named by you for this purpose.

(6) Your statutory right of withdrawal is not affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and remains in force irrespective of this. Until the expiry of the period for the statutory right of revocation, only the statutory conditions listed in the revocation instruction apply. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.

(3) Voluntary right of withdrawal

You have the right to cancel this contract within 90 days without giving any reason.

The voluntary right of withdrawal begins after the expiry of the statutory right of withdrawal (of 14 days) and runs for 76 further days. This gives you a total of 90 days right of withdrawal (14 days statutory, 76 days voluntary).

If you withdraw from this contract under the right of withdrawal, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within thirty days from the day on which it can be proven that the product was returned. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

Your statutory right of cancellation is not affected by compliance with our rules on the right of cancellation and remains in force irrespective of this. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. Furthermore, the right of withdrawal does not limit your statutory warranty rights, which remain unrestricted.

 

 

11. NO MEDICAL DIAGNOSIS OR TREATMENT

We are committed to HELPING our customers look better by providing safe and effective products made from high quality ingredients. However, you acknowledge and agree that our products have not been tested by any health authorities and that our products AND the information on the website are not intended to diagnose, treat, cure or prevent any health problem, disease or condition. The information on this website or in emails is for informational purposes only and is not a substitute for expert medical advice or care.

 

 

12. LIMITATION OF LIABILITY

We supply our products for private domestic use only and in accordance with the accompanying instructions for their correct use. You agree not to use our products for commercial, business or resale purposes and we shall not be liable to you for any loss of profits and/or business profits, business interruption or loss of business opportunity.

Nothing in this clause or otherwise in these Terms and Conditions excludes or limits our liability in any way: Fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; intentional acts; breach of mandatory statutory provisions such as statutory product liability laws, or any other liability to the extent that it cannot be excluded or limited by operation of law. We are not responsible for any loss or damage which is not foreseeable.

We will not be liable to you for any defect or delay in performance or unavailability or failure of this website or our services or for any failure by us to comply with these Terms and Conditions if such defect, unavailability or failure is due to causes reasonably beyond our control, including but not limited to strikes, lockouts or other industrial action by third parties, changes in legislation, including import duties/customs and border controls, riots, civil commotion, invasions, terrorist attacks or threatened terrorist attacks, wars or threatened wars or preparations for war, fire, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters or failure of telecommunications networks or the inability to use ships, aircraft or other means of transport.

If, notwithstanding the foregoing disclaimers, Peturo is found liable under any theory, Peturo's maximum liability shall be limited to the lesser of (i) GBP 100.00 (or the equivalent EURO amount) or (ii) the total amount paid by you to Peturo in the one (1) month immediately preceding the incident to which your alleged claim relates. This limitation of liability applies to all claims to the maximum extent permitted by law.

 

 

13. FINAL PROVISIONS, CHOICE OF LAW


13.1 German law shall apply to the exclusion of the provisions 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


13.2 Should individual provisions be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.