Terms of service
(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic business transactions.)
General terms and conditions of Organic Label GmbH for the Levy & Frey online shop at www.levyandfrey.com
1 Validity, definition of terms
(1) Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin (hereinafter: "we" or "Levy & Frey") operates an online shop for products related to sustainable body care on the website http://www.levyandfrey.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2 Conclusion of contracts, storage of the contract texts
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at http://www.levyandfrey.com/
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
(4) The order takes place in the following essential steps:
- Selection of the desired goods,
- Clicking the button "Add to cart",
- Entering customer data (invoice details and delivery address), selecting the payment method, checking the information in the shopping cart,
- Clicking the button "Order with obligation to pay" (this represents your legally binding contract declaration),
(5) If a contract is concluded, the contract is concluded with
Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin, represented by the managing director Jo-Maren Witte.
(6) Before ordering, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the contract text after the contract is concluded.
(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's »back button«). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
3 Subject matter of the contract and essential characteristics of the goods
(1) In our online shop, the subject of the contract is the purchase of products relating to sustainable personal care
(2) The essential characteristics of the goods can be found in the respective item description.
4 Prices & payment methods, shipping costs & delivery conditions and retention of title
(1.1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all taxes. Deliveries to Switzerland do not include all price components, but the customer bears any taxes and import duties incurred directly to the responsible customs authorities. Any return costs are not included in the price and must be paid for separately by the end customer.
(1.2) The respective purchase price is due upon conclusion of the contract and is generally to be paid before delivery of the product. As a rule, we offer different payment methods for each order:
- Credit card (VISA, Mastercard, Maestro, Amex)
- Sofortüberweisung (Klarna Sofort)
- Klarna Sofort, Pay Later and Pay Now
- EPS transfer
- Amazon Payment
- Apple Pay
- Google Pay
(1.2.1) When paying by credit card (VISA, Mastercard, Maestro, Amex), information about your order and credit card details are sent to us. Any credit card or the specified account will be charged immediately after the order has been placed and your legitimation as the legitimate credit card holder.
(1.2.2) When paying by Klarna Sofort / Pay Now, your data will be forwarded to the Sofort GmbH payment form. Here you have to select your bank, log in with your online banking data and approve the process using your TAN procedure (e.g. mobileTAN). The charge is made immediately after submitting your order.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a performance with debt-discharging effect is only possible to Klarna.
Regardless of the business relationship with Klarna, we are still responsible for general customer inquiries (e.g. products, delivery time, shipments, etc.).
(1.2.3) When paying for purchase on account via Klarna "Pay later", Klarna checks your individual creditworthiness in an internal process in order to determine (scoring) whether you can be offered a payment on account. Klarna is solely responsible for the scoring. The scoring cannot be influenced either. If you can pay with the purchase on account payment method, Klarna will send you an invoice with payment instructions no later than 5 days after the order has been sent. If more than 21 days have passed, regardless of whether the goods have already been sent or received, an invoice will also be generated. If the order has not been sent within 21 days, please contact us using our contact form. Then please contact Klarna to have the payment period paused.
A data transfer for creditworthiness checks (scoring) is only permitted without consent if interests have been weighed up in certain cases, e.g. in the case of advance payment by the entrepreneur (purchase on account). If there is no legitimate interest, the customer's consent is required
UWe assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a service with debt-discharging effect is only possible to Klarna.
Regardless of the business relationship with Klarna, we are still responsible for general customer inquiries (e.g. products, delivery time, shipments, etc.).
(1.2.4) When paying by EPS transfer, a central list of participating Austrian banks opens after your selection. There you can choose your bank. Then you can log in with your online banking data and approve the process with a TAN. The charge is made immediately after submitting your order. No registration is required for payment with EPS transfer.
(1.2.5) To pay with Amazon Pay, you will be forwarded to the Amazon website after placing the order. In order to use Amazon Pay, an Amazon registration is necessary if there is no customer account. After logging in to Amazon, select the delivery address and payment method and confirm the transaction with us. You will then be redirected back to our shop to complete the ordering process.
(1.2.6) To pay with PayPal, you will be redirected to the PayPal website after placing the order. In order to use PayPal, a PayPal registration is necessary if there is no customer account. After logging in to PayPal, confirm the transaction with us. You will then be redirected back to our shop to complete the ordering process.
(1.2.7) For payment via Apple Pay or Google Pay, you can trigger payment transactions via your smartphone or wearable.
To pay with Apple Pay, you will be redirected to the Apple Pay website after placing your order. To use Apple Pay, you need to register with Apple Pay if you do not have a customer account. After logging in to Apple Pay, confirm the transaction with the payment method stored in each case (credit or giro card). You will then be redirected back to our shop to complete the ordering process. Payment is made immediately after placing the order.
To pay with Google Pay, you will be redirected to the Google Pay website after placing the order. To use Google Pay, you need to register with Google Pay if you do not have a customer account. After logging in to Google Pay, confirm the transaction with the payment method stored (credit or giro card). You will then be redirected back to our shop to complete the ordering process. Payment is made immediately after placing the order.
(2) Terms of delivery
(2.1) The shipping costs and delivery conditions are under the tab shipping specified.
(3) retention of title; On Bill; Right of retention
(3.1) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3.2) You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3.3) If the customer is in arrears with any payment obligations, all existing claims are due immediately.
5 data protection
(1) We collect, store and use personal data of the customer (e.g. name and address) for the purpose of executing the respective contract.
(2) Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the products. In order to process payments, we will pass on your payment data to the credit institute commissioned with the payment or to the payment service provider selected in the ordering process.
(3) Responsible body within the meaning of the BDSG is Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin, represented by the managing director Jo-Maren Witte.
(4) During the ordering process, your personal data is encrypted and transmitted over the Internet using SSL. Credit card details are not saved.
(5) You have the right to free information about the data we have stored about you and, if necessary, the right to correct, block or delete this data. You can also object to the use of your personal data with effect for the future. An email to firstname.lastname@example.org or an informal letter to Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin, is sufficient.
(6) Further information on the use of your data can be found in our data protection declaration (link).
6 right of withdrawal for consumers
Consumers have the following right of withdrawal:
(1) Cancellation policy
6. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly, or ;
- on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately, or;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or pieces.
To exercise your right of withdrawal, you must contact us (Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin, email: email@example.com [use our contact form for faster processing] Phone: +49 30 629 309 60) by means of a clear statement (e.g. a letter sent by post, fax, e-mail or contact form) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
(1) If you withdraw from this contract, we will give you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back or handed them over to a partner named by us, whichever is earlier.
You have to send back or hand over the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods or hand them over to a partner named by us before the period of fourteen days has expired.
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 to check the nature, properties and functionality of the goods.
(2) Model withdrawal form
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: Organic Label GmbH, Friedrichstrasse 123, 10117 Berlin, email: firstname.lastname@example.org
- 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 the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
(4) We bear the costs of return or collection.
(5) If you exercise your voluntary right of return, the repayment will be made to the account to be specified by you.
(6) Your statutory right of withdrawal is not affected by compliance with our rules on the additional contractually granted (voluntary) right of return and remains independent of this. Until the deadline for the statutory right of withdrawal has expired, only the statutory conditions listed in the cancellation policy apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which remain unrestricted.
(3) Voluntary right of withdrawal
You have the right to cancel this contract within 30 days without giving any reason.
The voluntary right of withdrawal begins after the statutory right of withdrawal has expired (of 14 days) and runs for a further 16 days. This gives you a total of 30 days of cancellation right (14 days statutory, 16 days voluntary).
If you withdraw from this contract as part of the right of withdrawal, we will send you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the one we offer , have chosen cheapest standard delivery), immediately and at the latest within thirty days from the date on which the product was demonstrably returned. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
Your statutory right of withdrawal is not affected by compliance with our rules on the right of withdrawal and remains independent of this. Until the deadline for the statutory right of withdrawal has expired, the statutory conditions listed there apply exclusively. The right of withdrawal also does not limit your statutory warranty rights, which remain unrestricted for you.
(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability for slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our duty to act and to fulfill the contractually owed service, which is described in § 3.
(3) Claims under the Product Liability Act remain unaffected in any case.
8 contract language
Only German or English is available as the contractual language.
9 Warranty / customer service
(1) The warranty is based on the statutory provisions.
(2) Our customer service for questions, complaints and complaints is available from Monday to Friday from 9:00 a.m. to 3:00 p.m. at e-mail: email@example.com.
10 Choice of law, place of performance, place of jurisdiction
(1) The non-standardized German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office if the customer is a merchant, legal entity under public law or special fund under public law (and not a consumer) or if you have no general place of jurisdiction in Germany or EU or their place of residence or habitual abode is unknown at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
11 Dispute Resolution
(1) Online dispute resolution according to Art. 14 Paragraph 1 ODR-VO: The EU Commission provides an internet platform for online conflict resolution (OS). The platform serves as a contact point for consumers and is intended to initially resolve disputes in connection with online orders out of court. The OS platform can be reached at the following external link: http://ec.europa.eu/consumers/odr
(2) We are neither obliged nor willing to take part in dispute settlement proceedings before a consumer arbitration board.
12 availability; Procurement risk; No obligation to deliver; Extension of delivery times; Transfer of risk; Default; Delivery area
(1) Many of the goods on offer are kept in stock by us, whereby the respective stock amount is limited to household quantities due to the variety of types. If you as a company would like to place larger orders, please clarify availability beforehand.
(2) We do not assume a procurement risk, not even in the case of a purchase contract for generic goods. We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(3) Organic Label GmbH is not obliged to deliver if Organic Label GmbH itself is not supplied correctly and on time despite a proper congruent covering transaction and is not responsible for the lack of availability, you have been informed of this immediately and no procurement risk has been assumed. If the goods are not available, any advance payment will be refunded immediately.
(4) The delivery time is extended appropriately in the event of circumstances impairing delivery due to force majeure. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, through no fault of our own transport bottlenecks, through no fault of our own operational hindrances, for example due to fire, water and machine damage and all other hindrances that we did not bring about from an objective point of view. You will be informed immediately of the beginning and end of such obstacles. If the impediment to performance in the aforementioned cases lasts for more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims, especially for damages do not exist.
(5) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over to the consumer or a recipient specified by him. This applies regardless of whether the shipment is insured or not. The transfer is the same if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer when the goods are handed over or, in the case of sale by mail, when the goods are delivered to the freight forwarder or the person or institution otherwise assigned to carry out the shipment.
(6) If the customer is in default of acceptance, Organic Label GmbH reserves the right to sell the goods to a third party or to hold the original customer liable for any loss.
(7) If the customer is in default with a payment obligation, all existing claims against this customer from Organic Label GmbH are due.
(8) Delivery takes place within the Federal Republic of Germany
Vouchers are vouchers that we issue as part of advertising campaigns with a certain period of validity or that you purchase. Vouchers are only valid for www.levyandfrey.com and only for the specified period. We are allowed to exclude individual articles from the voucher campaign. Vouchers for advertising campaigns can only be redeemed once per order. A reimbursement of any remaining credit is not possible for administrative reasons. You can only redeem a voucher before completing an order process. Subsequent billing is generally not possible. We neither pay out the credit balance of a voucher in cash, nor do we earn any interest. If the credit on a voucher is insufficient for the order, the difference must be balanced out with the payment options offered. The voucher will not be refunded if goods are wholly or partially returned, provided that the voucher was issued as part of a promotion and no consideration was provided for it. You are not authorized to transfer vouchers to third parties. You are not allowed to combine several vouchers with one another.
14 Severability Clause
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the effectiveness of the other provisions of this contract. The ineffective provision is replaced by a legally permissible provision that comes as close as possible to the meaning and purpose of the ineffective provision.
Status: December 2020