General Terms And Conditions
General Terms and Conditions of Tara Handels GmbH
1.1 The following General Terms and Conditions (GTC) apply to all business relationships between the customer and Tara Handels GmbH, Schlehenweg 2, 30855 Langenhagen, (hereinafter: Tara Handels). The version of these General Terms and Conditions valid at the time the contract is concluded is decisive. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 Customers within the meaning of these General Terms and Conditions can be both consumers and entrepreneurs.
1.3 A consumer within the meaning of the GTC is, in accordance with § 13 BGB, any natural person who concludes a legal transaction with Tara Handels for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4 Entrepreneur within the meaning of the GTC is, according to § 14 BGB, a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with Tara Handel, acts in the exercise of their commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities. A customer who represents a public special fund is also considered an entrepreneur in this sense.
2. Conclusion of contract/duties to provide information
2.1 Essential characteristics of the goods
The main features of the goods result from the product description of the offered item stored on the Tara Handels website.
2.2 Information on the formation of the contract
The product descriptions contained in the Tara Handels online shop do not constitute binding offers from Tara Handels. The customer, on the other hand, can submit a binding offer to conclude a purchase contract by using the online order form. When ordering via the online order form, the customer can first place the required number of items in the shopping cart. After the goods have been placed in the shopping cart, the customer can click on the shopping cart and complete the order there. After entering his personal data and choosing the desired payment method, the customer then clicks on the "Buy" button to place a binding order. After clicking the "Buy" button, the input errors can no longer be corrected.
Tara Handels can accept the customer's contract offer by means of a written or electronically transmitted order confirmation or by delivery of the goods.
The contract is therefore concluded by the customer's offer and acceptance of this offer by Tara Handels.
Before the binding submission of the order by clicking on the "Buy" button, the customer can correct his entries at any time by using the usual mouse and keyboard inputs and by using the forward and back buttons of the browser.
The conclusion of the contract is only available in German.
The text of the contract is not saved by Tara Handels and can therefore not be called up by the customer.
3. Prices and Payment
3.1 All prices are in euros including the statutory VAT of the Federal Republic of Germany plus shipping costs. The amount of the shipping costs can be accessed under the domain https://tara-cosmetics.de/Shipment
3.2 The price displayed for the customer at the time the order was placed and the contract was concluded applies.
3.3 The following payment methods are currently possible:
by bank transfer (The customer is obliged to pay the purchase price by bank transfer to the account specified by Tara Handels within ten days after conclusion of the contract.)
- via Paypal
- Amazon Pay
- cash on delivery
- Credit card payment
- Cash on pickup
- By Invoice ( Only B2B see §3.4).
- Mollie Payments
3.4 Credit Checking and Scoring
If we make an advance payment, e.g. in the case of a purchase on account, we may obtain creditworthiness information based on mathematical-statistical processes from Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss. For this purpose, we transmit the required personal data to Creditreform Boniversum GmbH and use the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
The credit report can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and which, among other things, include address data. Your concerns will be considered in accordance with the statutory provisions.
We will also transmit data to the named company due to behavior that is not in accordance with the contract, insofar as this is permissible after weighing up all the interests involved. These store and transmit the data to their contractual partners in the EU internal market in order to provide this information for assessing the creditworthiness of natural persons. You can obtain information from Creditreform Boniversum GmbH about the data stored about you. Further information about the information and scoring procedure can be found at www.meineauskunft.org.
3.5 In the event of default in payment, the statutory provisions shall apply.
4. Delivery and performance time
If an ordered item cannot be delivered because Tara Handels is not supplied by its supplier through no fault of its own, despite contractual obligations on the part of the supplier, Tara Handels is entitled to withdraw from the contract. In this case, Tara Handels will inform the customer immediately that the ordered item is no longer available and will immediately reimburse any services already rendered.
Force majeure, war, terrorism, suspicion of terrorism, riot, strike, lockout, disruption to the raw material and energy supply or other events which Tara Handel cannot avert despite exercising reasonable care and which prevent the provision of the service, release Tara Handel from the delivery and service obligation for the respective duration of these disruptive events.
If the payment is made via Paypal and this is credited Monday-Thursday by 11:00 a.m. and Friday by 10:00 a.m., the goods will be shipped on the same day.
If the customer has given an incorrect delivery address and this means that a new delivery should be necessary, Tara Handels will pass on the resulting additional costs to the customer.
Furthermore, Tara Handels GmbH charges a return fee in the event of undeliverability of €11.90 per package for returned packages from abroad, which have to be sent back to Tara Handels GmbH due to incomplete or incorrect addresses or due to non-pickup from various pick-up locations.
5. Cancellation policy for consumers in accordance with Section 1.3 of the General Terms and Conditions of Tara Handels GmbH. Entrepreneurs have no right of withdrawal in accordance with Section 1.4 of the General Terms and Conditions of Tara Handels GmbH.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
Tara Handels GmbH
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees 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, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
• - for the delivery of goods that are not prefabricated and for their manufacture a
individual selection or determination by the consumer is decisive or
which are clearly tailored to the personal needs of the consumer,
• - for the delivery of goods that can spoil quickly or whose expiration date
would quickly be exceeded
• - for the delivery of sealed goods for reasons of health protection or
of hygiene are not suitable for return if their seal after the
delivery has been removed
• - for the delivery of goods if these after delivery due to their
quality were inseparably mixed with other goods,
• - for the delivery of alcoholic beverages, the price of which is agreed at the time of the conclusion of the contract
but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations on the market over which the entrepreneur has no influence,
• - for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery
• - for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
6. Model cancellation form
• Sample cancellation form
• (If you want to revoke the contract, please fill out this form and send it back.)
• Tara Handels GmbH
• Schlehenweg 2
• 30855 Langenhagen
• Fax: 0511-3533129
• Email: email@example.com
• 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 consumer(s):
• Address of consumer(s):
• Signature of the consumer(s) (only in the case of notification on paper):
• (*) Delete where not applicable.
7. Shipping/Shipping method
Shipping is at Tara Handel's discretion if no special shipping method was agreed with the customer when the contract was concluded.
We ship our goods with the following shipping service companies: DHL
Tara Handels delivers exclusively within the Federal Republic of Germany and to other EU countries.
8. Notification of Defects and Warranty
8.1 The following applies to contracts with consumers: the statutory warranty applies to our goods.
8.2 If the purchase is a commercial transaction for both parties, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify Tara Handels immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. Sections 377 et seq.
9. Limitation of Liability
Tara Handels is only liable in the case of intent and gross negligence. Tara Handels is also liable for the negligent breach of obligations if this results in injury to life, limb or health or if a guarantee or claims from the Product Liability Act are affected. Tara Handels is also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the observance of which the customer regularly relies. In the latter case, however, Tara Handels is not liable for unforeseeable damage that is not typical for the contract. Tara Handels is not liable for slightly negligent breaches of other obligations. The above limitations of liability also apply to vicarious agents of Tara Handels.
We collect, use and store your personal data exclusively within the framework of the provisions of the valid data protection regulations of the Federal Republic of Germany. Below we will inform you about the type, scope and purpose of data collection and use.
10.1 Responsible entity
The operator of the website under the domain https://www.tara-cosmetics.de and thus the responsible body
Tara Handels Ltd
10.2 Collection and processing of general data
Every access to our website and every retrieval of a file stored on this website are logged. The storage serves internal system-related and statistical purposes. The following are logged: name of the retrieved file, date and time of retrieval, amount of data transferred, notification of successful retrieval, web browser and requesting domain. Additionally, the IP addresses of the requesting computers are logged. Further personal data is only recorded if you as a user of the website and/or customer provide information voluntarily, for example as part of an inquiry or registration or to conclude a contract or via the settings of your browser.
10.3 Collection of Personal Data
Personal data within the meaning of these data protection regulations are individual details about your personal or factual circumstances. This includes in particular your name, your e-mail address, your telephone number and, if applicable, your address if you have given us the latter.
Personal data also includes information about your use of our website. In this context, we collect personal data from you as follows: Information about your
Visits to our website, such as the amount of data transferred, the location from which you retrieve data from our website and other connection data and sources that you retrieve. This is usually done through the use of log files and cookies. Further information on log files and cookies can be found below.
10.4 Intended Use
We use your personal data for the following purposes:
1. In order to provide the online services you have requested,
2. To ensure that our website is presented to you in the most effective and interesting way;
3. To perform our obligations under any contract we may have with you;
4. To notify you about changes to our services.
10.5 Information about your computer and cookies
Every time you access our website, we collect the following information about your computer: the IP address of your computer, the request from your browser and the time of this request. In addition, the status and the amount of data transferred are recorded as part of this request. We also collect product and version information about the
browser used and the operating system of your computer. We also record which website our site was accessed from. The IP address of your computer is only stored for the time you are using the website and then immediately deleted or made anonymous by shortening it. The remaining data is stored for a limited period of time. We use this data for the operation of our website, in particular to identify and eliminate errors on the website, to determine the utilization of the website and to make adjustments or improvements.
We may also collect information about your use of our website through the use of so-called browser cookies. These are small text files that are stored on your data carrier and that save certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie data was sent, information about the age of the cookie and an alphanumeric identifier. Cookies enable our systems to recognize the user's device and make any default settings available immediately. As soon as a user accesses the platform, a cookie is transferred to the hard drive of the user's computer. Cookies help us to improve our website and to be able to offer you a better and even more customized service. They enable us to recognize your computer when you return to our website and thereby store information about your preferred activities on the website and thus tailor our website to your individual interests.
Only the data explained above about your use of the website is stored in the cookies we use. This is not done by assigning you personally, but by assigning an identification number to the cookie (“cookie ID”). The cookie ID is not combined with your name, your IP address or with similar data that would enable the cookie to be assigned to you. If you do not want browser cookies to be used, you can set your browser so that cookies are not accepted. Please note that in this case you may only be able to use our website to a limited extent or not at all.
10.6 Data Security
All information that you submit to us is stored on servers within the European Union. Unfortunately, the transmission of information over the Internet is not completely secure and we cannot guarantee the security of data transmitted over the Internet to our website. However, we secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.
10.7 Disclosure/Provision of Your Personal Data
We do not pass on your personal data to third parties unless you have consented to the data being passed on/provisioned or we are entitled or obliged to pass on data due to legal provisions and/or official or court orders. In particular, this may involve providing your data for the purpose of concluding or fulfilling contracts, providing information for the purposes of criminal prosecution, to avert danger or to enforce intellectual property rights.
If we then do not provide your data, this could result for you and/or us, for example, in the non-performance of contractual services, extraordinary termination of the respective contract, cost and damage claims and claims (also by third parties), and/or fines or even criminal prosecution may result in violations of the law associated with the failure to provide the data.
10.8 Privacy and Other Third Party Websites
The website may contain, among other things, hyperlinks to and from the websites of other third parties. If you follow a hyperlink to one of these websites, please note that we cannot assume any responsibility or guarantee for third-party content or data protection conditions. Therefore, please make sure that you are aware of the currently applicable ones
10.9 Contact Form
If you use our contact form to send us contact requests, your details there, including the contact details given there, will be stored by us for the purpose of processing the request and in the event that additional questions arise. We do not pass this data on to third parties without your prior consent.
10.11 Your rights and contacts
You can, for example, view your personal data free of charge at any time and, if necessary, also request its correction and/or - if the existence of the data storage is not required for the purpose of fulfilling the contract, is required by the articles of association or by law - a deletion and/or even just blocking. We recommend that you have backed up your data yourself before asserting any claim for deletion against us. You may also have the right to restrict processing, to object to processing and to transfer data, which result from Articles 15-21 of the General Data Protection Regulation (GDPR). If the processing is based on your separate consent, you can revoke this consent at any time with effect for the future.
For the aforementioned purposes and/or to obtain more information about this, please send an email to firstname.lastname@example.org or to our contact and address details given in the imprint of this website.
If you have any questions, comments or inquiries regarding the collection, processing and use of your personal data by us, please contact us via the contact details given in the imprint of this website. If you are of the opinion that the processing of your personal data by us is unlawful, you also have the right, as the data subject, to complain in accordance with Art. 77 GDPR to one of the supervisory authorities that is also responsible under this provision.
11. Special Conditions for Commercial Resellers
It is not permitted to offer items of the SUNZZE, Deepline and Bella Donna brands purchased from Tara Handels.de for sale on the eBay or Amazon internet platforms without the written consent of Tara Handels GmbH.
The photographs and texts used in the Tara Handels online shop are protected by copyright and may not be publicly distributed without the prior written consent of Tara Handels.
12. Final Provisions
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and Tara Handels is, insofar as the customer is a merchant, the registered office of Tara Handels.
12.3 Should individual clauses of these terms and conditions be wholly or partially ineffective, this does not affect the effectiveness of the plentiful clauses.
12.4 Information on online dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO: The European Commission maintains an Internet platform for online dispute resolution (OS), which can be reached via the following Internet address and the following hyperlink: : http://ec.europa.eu/consumers/odr/