Terms and Conditions
§ 1 Scope
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between Intimotions – Kanawezi, Frozan and Hossieni, Somaye GbR (hereinafter referred to as "Provider") and the customer via the online shop at www.intimotions.com.
A consumer, as defined in these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). An entrepreneur, as defined in these GTC, is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
Deviating, conflicting, or supplementary General Terms and Conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
§ 2 Provider / Contact
Intimotions – Kanawezi, Frozan und Hossieni, Somaye GbR
Kollwitzstrasse 4, 63225 Langen (Hessen)
E-Mail: info@intimotions.com
Telefon: +49 15678 334582
Website: www.intimotions.com
Responsible partners: Frozan Kanawezi & Somaye Hossieni
Registry entry: The GbR is not registered in the commercial register.
§ 3 Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
By completing the order process and clicking the "Order with obligation to pay" button, the customer submits a binding offer to purchase the products contained in the shopping cart.
The provider immediately confirms receipt of the order by an automatically generated e-mail (order confirmation). This confirmation e-mail does not yet constitute acceptance of the offer. The purchase contract is only concluded when the provider dispatches the goods or sends a separate order confirmation by e-mail.
The provider reserves the right to refuse orders without giving reasons, especially if products are no longer available.
§ 4 Prices, Shipping Costs and Payment Terms
4.1 Prices
All prices stated are final prices and include statutory VAT. The prices displayed on the website at the time of the order apply.
4.2 Shipping Costs
In addition to the product prices, shipping costs apply. The current shipping costs will be clearly displayed to the customer during the ordering process before placing the order.
4.3 Payment Methods
Payment is made using the payment methods offered in the shop. Payment is due immediately upon conclusion of the contract.
In the event of default of payment, the provider is entitled to demand default interest at a rate of 5 percentage points above the base rate (§ 288 BGB).
§ 5 Delivery and Delivery Conditions
The provider delivers within Germany and to selected EU countries. Any differing delivery restrictions will be communicated in the shop.
The delivery time is generally 3–5 working days after receipt of payment, unless otherwise specified. Delivery times are non-binding unless a fixed delivery date has been expressly agreed.
If the provider is in default of delivery, the customer is entitled to set a reasonable grace period for the provider. After the unsuccessful expiry of this period, the customer may withdraw from the contract.
The risk of accidental loss and accidental deterioration passes to the customer upon delivery of the goods to consumers. For entrepreneurs, the risk passes upon handover to the transport person.
§ 6 Retention of Title
The delivered goods remain the property of the provider until full payment of the purchase price.
§ 7 Right of Withdrawal
Consumers have a statutory right of withdrawal in accordance with §§ 355 ff. BGB. The complete cancellation policy is included on the website and in the order confirmation and is reproduced below:
Cancellation Policy
Right of Withdrawal: You have the right to withdraw from 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, have taken possession of the goods.
To exercise your right of withdrawal, please contact: Intimotions – Kanawezi, Frozan und Hossieni, Somaye GbR, Kollwitzstrasse 4, 63225 Langen (Hessen), E-Mail: info@intimotions.com, Phone: +49 15678 334582.
Exclusion of the Right of Withdrawal (§ 312g Abs. 2 Nr. 3 BGB):
The right of withdrawal expires for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Since Intimotions exclusively sells intimate care products, the right of withdrawal is excluded as soon as the protective seal of the goods has been removed or damaged.
Complete cancellation policy and sample cancellation form at: www.intimotions.com/widerrufsbelehrung
§ 8 Warranty and Liability for Defects
Statutory warranty rights apply. The limitation period for claims for defects in new goods is two years from the handover of the goods to the customer.
The provider is not liable for damages caused by improper use, non-observance of application instructions, or allergic reactions to correctly declared ingredients. Customers with known sensitivities are requested to check the complete list of ingredients before purchasing.
For entrepreneurs, the following applies: Obvious defects must be reported immediately, at the latest within two weeks of receipt of the goods, in writing. The warranty period is one year.
§ 9 Limitation of Liability
The provider is liable without limitation for intent and gross negligence as well as for culpable injury to life, body or health.
In other respects, the provider is only liable for the breach of a material contractual obligation (cardinal obligation) and is limited to the foreseeable, typical damage. Liability for slight negligence in the breach of non-material contractual obligations is excluded.
The above limitations of liability do not apply insofar as claims exist under the Product Liability Act.
§ 10 Data Protection
The collection, processing, and use of personal data takes place exclusively within the framework of the applicable data protection regulations, in particular the GDPR. For details, please refer to our privacy policy, which can be found on our website at www.intimotions.com/datenschutz.
The customer agrees to the storage and processing of their personal data for the purpose of fulfilling the contractual relationship. Data will only be passed on to third parties for contract fulfillment (e.g., shipping service providers) or if the provider is legally obliged to do so.
§ 11 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr/. Our email address for this purpose is: info@intimotions.com.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the consumer is not deprived of the more extensive protection afforded by mandatory provisions of the law of the state of their habitual residence.
The place of jurisdiction for merchants and legal entities under public law is the registered office of the provider. For consumers, the statutory place of jurisdiction applies.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provision that comes closest to its economic purpose shall apply.
Changes to these GTC will be communicated to the customer in text form at least 30 days before their planned effective date. If the customer does not object within 30 days, the amended GTC shall be deemed accepted. The provider will expressly point out this right of objection when announcing the changes.