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We, AYASOL (FP Kosmetik e.K.), thank you for your interest in our products and for your visit of our online shop. You will find our general terms and conditions below. Should you have any further questions or should you wish clarification on a certain paragraph, feel free to reach out to us.

§ 1 SCOPE OF APPLICABILITY
§ 2 CONCLUSION OF CONTRACT
§ 3 RIGHT TO CANCEL
§ 4 PRICES AND PAYMENT CONDITIONS
§ 5 SHIPMENT AND DELIVERY CONDITIONS
§ 6 RESERVATION OF PROPRIETARY RIGHTS
§ 7 CLAIMS FOR DEFECTS, GUARANTEE
§ 8 LIABILITY
§ 9 ALTERNATIVE DISPUTE RESOLUTION
§ 10 COPYRIGHTS AND IMAGE RIGHTS
§ 11 APPLICABLE LAW
§ 12 CANCELLATION POLICY
§ 13 NOTES ON DATA PROCESSING
§ 14 FINAL PROVISIONS

§ 1 SCOPE OF APPLICABILITY

These General Terms and Conditions of Business shall apply to any and all contracts concluded via our online shop between us,
FP Kosmetik e.K. (referred to in the following as “AYASOL Online-Shop”)
Ritterfelddamm 114C
14089 Berlin
Amtsgerichts Berlin Charlottenburg 
Handelsregistereintrag HRA 56619 B
Phone: +49 (0)1756275518
E-Mail: info@ayasolskincare.com
and you as our customer. The Terms and Conditions shall apply regardless of your status as consumer or entrepreneur.
All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
The version of the terms and conditions valid at the time the contract is concluded is decisive.
Deviating conditions are not recognized unless we expressly consent to their validity in writing.
The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed primarily to his commercial or independent professional activity.
A consumer within the meaning of these terms and conditions is any natural person for whom the legal transaction is not part of their company's operation. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership for whom the legal transaction is part of the operation of their company. 

§ 2 CONCLUSION OF CONTRACT

The customer can select cosmetics from the assortment of the AYASOL online shop and collect them in the so-called shopping cart using the “Add to shopping cart” button. If the customer sends an order by clicking the button "order with obligation to pay", he makes a binding offer to purchase the products in the shopping cart. Before submitting the order, the customer can change and view any of his entered data. However, the request can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his request.
After receipt of the order, the AYASOL online shop automatically sends the customer an email confirming receipt of the order and listing all the details of the order. However, this automatic confirmation of receipt does not constitute acceptance of the offer, but instead only informs the customer that the order has been received by the AYASOL online shop. By clicking on the “Print” button, the customer can print out the confirmation of receipt. The contract is only concluded when the AYASOL online shop issues a declaration of acceptance, which is sent in a separate email (the order confirmation). If the ordered goods are only partially available at the AYASOL online shop, this will be noted in the confirmation. The contract is then only concluded for the goods named in the confirmation. In the confirming e-mail or in a separate e-mail, but no later than when the goods are delivered, the contract (consisting of the order, terms and conditions and order confirmation) is sent to the customer by the AYASOL online shop on a permanent data carrier (such as via e-mail or Paper printout). The contract is saved in full compliance with data protection policies.
If no item of the product selected by the customer are available at the time of ordering, the AYASOL online shop will notify the customer immediately. A contract is not concluded in this case.
The order processing and contact are usually made by email. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered. The final contract is in English or German.

§ 3 RIGHT TO CANCEL

Consumers are entitled to the right to cancel. You have the right to withdraw from this contract within fourteen (14) days without giving reasons .
Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation found at https://www.ayasolskincare.com/pages/widerrufsbelehrung.
The right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

§ 4 PRICES AND PAYMENT CONDITIONS

 All prices are stated in Euros, including German VAT. Shipping costs are not included unless otherwise stated.
The customer will be informed of the shipping costs in the final order form. These must be paid by the customer, unless the customer makes use of his right of withdrawal.
The goods are dispatched via post through the delivery company DHL. The AYASOL online shop bears the shipping risk.
In the event of a cancellation, the customer must bear the costs of the return.
We have taken the greatest care to ensure that the information, details, descriptions and prices provided are correct at the time of publication. However, the AYASOL online shop only accepts orders if there are no significant errors in the description of the goods or the prices indicated in his online shop.
Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory sales tax. Any shipping costs incurred will be indicated separately at the checkout. You can find details about our shipping costs at https://www.ayasolskincare.com/pages/versand.
Payment can be made using one of the methods mentioned in the Seller's online shop.
In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union but the client carries out the payment from a country outside the European Union.
When choosing the payment method debit or credit card, the invoice amount is immediately due when concluding the contract. Processing of the payment method debit or credit card takes place in cooperation with Shopify International Limited, 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland to whom the Seller assigns his claims. Shopify International Limited debits the debit or credit card account indicated by the Client with the invoice amount. In case of assignment, payments can only be made to Shopify International Limited with debt-discharging effect. The credit will be debited immediately after the Client’s order has been submitted within the online ordering process.
When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full.

§ 5 SHIPMENT AND DELIVERY CONDITIONS

Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is three (3) to five (5) working days - without guarantee.
The delivery of goods takes place through the delivery company DHL. They will deliver the item to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
If the dispatched goods are sent back to the AYASOL online shop by the delivery company because delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the performance a reasonable time in advance. If the customer effectively exercises his right of withdrawal, this does not apply with regard to the costs for the dispatch. For the return costs, if the customer effectively exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
Pickup is not possible for logistical reasons. 

§ 6 RESERVATION OF PROPRIETARY RIGHTS

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

§ 7 CLAIMS FOR DEFECTS, GUARANTEE

The AYASOL Online-Shop shall be held liable for material defects in accordance with the statutory provisions applicable hereto, in particular §§ 434 et seq. of the German Civil Code [BGB].
An additional guarantee exists for the goods delivered by the AYASOL online shop only if this was expressly given in the order confirmation for the respective article.
The customer is asked to immediately complain to the deliverer about goods delivered with obvious transport damage and to inform the AYASOL online shop of this. However, if the customer does not comply, this has no effect on his statutory or contractual warranty claims.
The product images do not always have to match the appearance of the delivered products, as all ingredients are natural products and minimal deviations are normal here.
Claims for defects become statute-barred within 2 years from the date of delivery of the goods.
The goods delivered by us are only guaranteed if this has been expressly given by us. 

§ 8 LIABILITY

Any and all claims for damages by the customer towards the AYASOL Online-Shop shall be excluded. This shall not include claims for damages by the customer arising from injury to life, limb or health, or from the breach of essential contractual obligations, as well as liability for other damage which is based on an intentional or grossly negligent breach of obligation on the part of the AYASOL Online-Shop, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the AYASOL online shop is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
The restrictions also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
The provisions of the Product Liability Act (in German: Produkthaftungsgesetz) remain unaffected. 

§ 9 ALTERNATIVE DISPUTE RESOLUTION

The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

§ 10 COPYRIGHTS AND IMAGE RIGHTS

The copyrights and image rights of the photos displayed on www.ayasolskincare.de belong to the AYASOL Online Shop or we are entitled to use them. Use without our express consent is not permitted. 

Photos via unsplash.com (Photo license information: https://unsplash.com/license):

Timothy Klingler - https://unsplash.com/photos/7A-qQiV7i38

Karina Tess - https://unsplash.com/@karinatess

Aiony Haust - https://unsplash.com/photos/K0DxxljcRv0

Valentin Sanja - https://unsplash.com/photos/f_GboRmilvw

Oriento - https://unsplash.com/@oriento


§ 11 APPLICABLE LAW

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence. This choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.


§ 12 CANCELLATION POLICY

Upon the conclusion of a distance-selling transaction, consumers have a statutory right of cancellation, with regard to which the AYASOL Online-Shop provides information in accordance with the statutory template on our site https://www.ayasolskincare.com/pages/widerrufsbelehrung.

§ 13 NOTES ON DATA PROCESSING

The AYASOL online shop collects customer data as part of the processing of contracts. The statutory provisions are observed. Without the customer's consent, the AYASOL online shop will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
Without the consent of the customer, the AYASOL online shop will not use the customer's data for advertising, market or opinion research purposes.
Notes on the customer's consent and further information on data collection, processing and use can be found in our data protection declaration. This can be called up in printable form on the website of the AYASOL online shop at any time using the "Data protection" button. Alternatively, the page on data protection is available at the following link: https://www.ayasolskincare.com/pages/datenschutz

§ 14 FINAL PROVISIONS

In the event of the legal invalidity of individual points of the contract, the contract shall remain binding in the remainder of its parts. To the extent available, statutory provisions shall replace the invalid points. Should this, however, constitute unreasonable hardship for one of the contract parties, the contract shall become invalid in total.