General Terms and Conditions of Business of Beiersdorf AG

1) General remarks 

The T&Cs below, as amended as at the order date, shall apply exclusively to any order placed with Beiersdorf AG (hereinafter referred to as “Beiersdorf”) over the Internet on www.nivea.de. Beiersdorf will not recognise any customer T&Cs. If you have any questions or complaints in connection with these T&Cs or their underlying agreements, please contact us: 

via our contact form at www.nivea.de/contact; or 

by telephone: +49 (0) 40 55 40 33 40 (landline tariff)

2) Materialisation of the agreement 

You can select goods and vouchers from the range offered in NIVEA’s online shop, and gather them in a shopping cart using the “Place in the shopping cart” button. By submitting an order when you click the “Buy now” button, you are submitting a binding offer to purchase the goods and/or vouchers collected in the shopping cart. Prior to sending the order, you can amend and inspect the data at any time. Alterations can be made on the order overview screen at the end of the ordering process using the “Edit” button, and saved for the ordering process. 

Once we have received the order, we will send you an automatic confirmation e-mail, which confirms receipt of the order and lists the details of the order. This acknowledgement of receipt does not constitute acceptance of the offer, but only provides the information that the order has been received by us. 

The sales contract shall only materialise through the shipping confirmation sent to you by separate e-mail (or in the case of voucher orders, through transmission of the voucher by e-mail). Should we not be in a position to supply the goods ordered or the voucher, through no fault of our own (for example because our suppliers do not fulfil their contractual obligations towards us) and/or not in good time, we shall not be obliged to deliver, and may accordingly decline to accept the order. That means that an agreement did in that case not materialise. We shall inform you immediately if the contract does not materialise, as well as about the non-delivery, and where applicable reimburse you for any payments already made.

If, despite our careful checking, the details on the range of goods (e.g. price etc.) in the online shop should at any time be inaccurate, then by sending the goods specifying the correct details we do not declare acceptance of the offer, but are making you a new offer, which you can decide whether to accept or not. 

The wording of the contract is saved. The contractual language is German. If you are registered as a customer when you order, or have logged in as a registered customer, you may inspect the contract in your customer profile at www.nivea.de upon concluding the order. The order data, information on revocation, invoice and our T&Cs will moreover also be transmitted to you along with the shipping confirmation. You can inspect our T&Cs on our website at www.nivea.de at any time.

3) Personalised products 

You have the opportunity to purchase personalised products from our online shop. Upon placing a personalised order you warrant that execution of the order does not infringe on any rights of third parties and does not violate any existing statutory provisions due to illegal or pornographic content. In addition, in such cases we reserve the right to refuse carrying out the personalised order. Furthermore, by placing the order you warrant to us that you have all the necessary rights to the content of the individual design. You accordingly bear all responsibility for the content and legitimacy of the individually created “photo and script” designs transmitted within the scope of such orders. Should executing the order infringe upon any rights of third parties or statutory provisions as a result of your failing to comply with these General Terms and Conditions of Business, you alone will be liable. You exempt us and our service providers from any claims made by third parties. 

4) Parties to the contract 

The agreement shall be concluded with Beiersdorf AG. 

Beiersdorf AG
Unnastraße 48
D-20245 Hamburg
Telephone: +49 (0) 40 55 40 33 40 (landline tariff) 

Hamburg Commercial Register Court, HRB (Commercial Register, Companies' Section) Record No. 1787 
VAT ID: DE 118 513 961

Authorised representatives:
Stefan F. Heidenreich (CEO)
Dr. Ulrich Schmidt
Jesper Andersen
Ralph Gusko
Thomas Ingelfinger
Stefan De Loecker
Zhengrong Liu 

5) Delivery and availability of goods

The goods are supplied as illustrated in the online shop, subject to any minor deviations in the packaging. Delivery will be made to the delivery address specified by the customer. 

The delivery time for shipping within the Federal Republic of Germany will take 1-3 working days. It is not possible for us to deliver outside the territory of the Federal Republic of Germany. 

6) Minimum/maximum order values 

There is no minimum order value for goods. The minimum order value for a gift voucher is € 10.00, the maximum order value for a voucher is € 150.00. 

7) Terms of payment 

All prices are given in euros, include the statutory VAT, and are exclusive of the shipping and handling charges that will be added to them. The respective price valid as at the date the order is placed shall apply. 

Payment can be made by credit card (MasterCard or Visa), PayPal, Sofortüberweisung (immediate bank transfer) or a voucher. We do not accept cash or cheques. 

Your credit card will be charged when the goods are shipped. 

For payment via PayPal and Sofortüberweisung (immediate bank transfer), the purchase price will be debited from your account upon concluding the order. 

If you pay with a voucher, the value will be debited from the voucher upon concluding the order.

8) Shipping 

We deliver exclusively within the Federal Republic of Germany. 

For delivering goods within Germany we charge a flat rate of € 3.95 per order for shipping and handling. 

For gift vouchers, the voucher code will be transmitted to you in a separate e-mail once your order has been confirmed. 

9) Information on revocation 

Right of revocation 

You are entitled to revoke this agreement within fourteen days without giving reasons. 

The revocation deadline is fourteen days from the day you or a third party named by you, who is not the carrier, is in physical possession of the goods.  

In order to exercise your right of revocation, you will need to inform us of your decision to revoke this agreement by means of an unambiguous declaration of intent via one of the following methods of contacting us. You may use the attached sample revocation form for that purpose, although it is not mandatory to do so. 

Telephone: 
+49 (0) 40 55 40 33 40

E-mail:
shop@nivea.de

Letter:
NIVEA Online Shop
Alte Ricklingerstr. 212
D-30823 Garbsen

Sample revocation form 

(If you wish to revoke the agreement, please fill in this form and return it to us.)

  • To NIVEA Online Shop, Alte Ricklingerstr. 212, 30823 Garbsen, E-mail: shop@nivea.de
  • I/We(*) hereby revoke the contract concluded by me/us (*) on the purchase of the following goods (*)/provision of the following services (*) 
  • Ordered on (*)/Received on (*) 
  • Name of consumer(s) 
  • Address of consumer(s) 
  • Signature of consumer(s) (only in the case of notification in paper form)
  • Date
(*) Please delete if inapplicable.

____________________________________

10) Instructions for returning of goods 

We make it possible for you to return the goods free of charge in the event of revocation. Please note the following instructions regarding returns, which facilitate handling for us:

  1. Use the original packaging to return the goods.
  2. You can request a returns form by telephoning +49 (0) 40 5540 3340 (landline tariff) or via our contact form at www.nivea.de/contact.
  3. Please fill in the returns form and stick it onto the parcel.
  4. Please send the parcel to the following address:

    NIVEA Online Shop
    Schleefstr. 364
    D-44287 Dortmund 

  5. We will confirm to you by e-mail that we have received the return.
(11) Cancellation 

You have the option of cancelling your order. It is possible to cancel it until such time as the order is transmitted to our Logistics Department. Once you have received the shipping confirmation by e-mail, it is no longer possible to cancel the order. Your right of revocation is not affected thereby. 

To cancel an order, please call us at +49 (0) 40 5540 3340 (landline tariff) or use our contact form at www.nivea.de/contact

Please specify your order number that we sent you by e-mail with the order confirmation directly after you placed your order.

12) Guarantee 

We vouch for the highest quality of our products. Nonetheless, we ask you to immediately compare and check the goods delivered against your order. Should you ascertain any obvious defects, such as damage, breakage or a shortfall in quantity, please report it to us without delay.

Telephone:
+49 (0) 40 55 40 33 40
E-mail:
shop@nivea.de

Statutory warranty rights apply for all goods from our online shop. Personalised articles can, however, only be deemed defective if they do not comply with the current technology of digital photo processing or have been damaged in transit. This excludes any deficiency due to different lighting and/or degree of sharpness in comparison to the original photo, as this is connected with the picture quality of the photo submitted to us. 

13) Reservation of ownership

The goods supplied shall remain the property of Beiersdorf AG until full payment has been made.

14) Use of the stored data/data privacy 

Information on the nature, scope and purpose of gathering and storing the personal data required for Beiersdorf to process the sales contract can be found in the data privacy statement.

15) Limitation of liability

Beiersdorf shall have unlimited liability in the case of intent or gross negligence.

Apart from that, liability for negligent breach of duty is excluded, unless essential contractual obligations have been infringed upon, the infringement of which jeopardises achieving the contractual purpose, or obligations infringed upon, the fulfilment of which enables the contract to be properly executed in the first place, and adherence to which the customer may usually rely upon. In such cases, Beiersdorf’s liability shall, however, be limited to the foreseeable, contractually typical damage, depending upon the type of goods. This shall also apply to actions carried out by our legal representatives or vicarious agents. 

The above limitation of liability does not concern claims on the part of the customer arising from product liability, or claims by the customer resulting from loss of life, physical injury or damage to health, in the case of Beiersdorf having issued a warranty or in the case of fraudulently concealed defects.