General Terms and Conditions
§ 1 Scope, Definitions
(1) Anaaka Natural Halal Cosmetics s.r.o., Anaaka Natural Halal Cosmetics s.r.o, Karadzicova 8/A, PSC 821 08 Bratislava, Slovakia (hereinafter referred to as “we” or “Anaaka”) operates an online shop for goods on the website https://anaaka.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “you”) in their 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 predominantly are not attributable to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a legally competent partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, whereby a legally competent partnership is a partnership that has the capacity to acquire rights and assume obligations.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations on contract conclusion apply to orders placed via our online shop at https://anaaka.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online shop. The order proceeds as follows:
- Selection of the desired goods,
- Adding products by clicking the corresponding button (e.g., “Add to Cart”, “Add to Basket”, etc.),
- Reviewing the information in the shopping cart,
- Accessing the order summary by clicking the corresponding button (e.g., “Proceed to Checkout”, “Go to Payment”, “Order Overview”, etc.),
- Entering/reviewing address and contact details, selecting payment method, confirming the terms and conditions and the cancellation policy,
- If the agreed characteristics of the goods deviate from their usual characteristics and usage requirements, confirming a negative quality agreement,
- Completing the order by pressing the “Buy Now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three business days to the email address you provided.
(4) In the case of contract conclusion, the contract is made with Anaaka Natural Halal Cosmetics s.r.o., Anaaka Natural Halal Cosmetics s.r.o, Karadzicova 8/A, PSC 821 08 Bratislava, Slovakia.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The order processing and transmission of all information required in connection with the contract conclusion, in particular the order data, the terms and conditions, and the cancellation policy, are carried out via email after you place the order, partly automatically. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “Back” button in the browser). They can also be corrected by canceling the ordering process prematurely, closing the browser window, and repeating the process.
(7) The order processing and transmission of all information required for contract execution are carried out via email, partly automatically. Therefore, you must ensure that the email address you provide is correct, the receipt of emails is technically ensured, and especially that it is not blocked by spam filters.
§ 3 Subject of the Contract and Essential Product Features
(1) The subject of the contract in our online shop is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential features of the goods are described in the product description. If the agreed characteristics of the goods deviate from their usual characteristics and usage requirements, this will be expressly indicated in the product description (negative quality agreement). If the customer explicitly consents to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The purchase price must be paid in advance (prepayment) unless we expressly offer purchase on account. The available payment methods are listed on a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free shipping. The shipping costs are clearly communicated to you in the offers, in the shopping cart system, and on the order overview.
(4) All offered products are ready for immediate shipment (delivery time: 3 – 5 days) unless otherwise clearly stated in the product description, upon receipt of payment.
(5) Delivery restrictions apply to the following countries: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Saudi Arabia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom (UK).
(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. The return shipping costs in the event of effective exercise of the right of withdrawal are governed by the provisions of our cancellation policy.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language
The contractual language is exclusively German.
§ 8 Liability
(1) Except as provided in the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, limb, or health or in the event of a breach of an essential contractual obligation without limitation. If we are in default with our performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, the liability for resulting material and financial damages is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, whose breach endangers the achievement of the contract’s purpose, and on whose compliance you may regularly rely. This particularly includes our obligation to act and fulfill the contractually owed service described in § 3.
§ 9 Warranty
(1) The warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects, and transport damage upon contract fulfillment and to notify us and the carrier of complaints as soon as possible. Failure to do so has no impact on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (favorable principle).
(2) The provisions of the UN Sales Law do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.