Terms and conditions

General Terms and Conditions of Business of Beauty-Produkte-Kaufen Enikö Visky:

§ 1 General - Applicability
(1) The following terms and conditions of business apply to all present and future business relations and relate exclusively to transactions with consumer purchasers. Consumers within the meaning of these terms and conditions are natural persons with whom we enter into business relations for a purpose outside their trade, business or profession. Business terms and conditions that differ from, contradict or supplement these general terms and conditions, even when known, shall only form part of the contract if we have expressly consented to their applicability in writing.
(2) The business relationship between the seller and the customer are subject to the laws of the Federal Republic of Germany. This choice applies for consumers only to the extent, that the protection provided by mandatory provisions of the laws of the State in which the consumer has his habitual residence, is revoked. The scope of UN purchasing law is excluded.
(3) The contract language is German.
(4) Place of Jurisdiction shall be Munich/Germany if the customer is a merchant or a legal entity under public law or public law special fund. The same applies if a customer has no general jurisdiction in Germany or the domicile or habitual residence at the time the action is not known.

§ 2 Contract content and contract
(1) The vendor offers customers mostly beauty products at the online shop http://www.beauty-produkte-kaufen.de/.
(2) When purchasing at the on-line shop, a sales contract comes into force through the acceptance of the customer's order by the seller. Listed prices in the online shop do not constitute an offer in the legal sense. Receipt and acceptance of the customer's order will be confirmed via e-mail.
(3) The contract text is filed.

§ 3 Prices, Shipping, Value Added Tax and Payment
(1) For internet purchase orders the prices indicated at the moment of the order shall apply. All displayed prices include the VAT.
(2) Shipping cost are not included in product prices. Shipping cost are either mentioned in the product descriptions or linked with a shipping cost description. Shipping cost will be listed during checkout and borne by the customer. See present shipping cost.
(3) Delivery to the customer by the seller is basically only against advance payment by bank transfer (bank charges need to be shared, i.e. seller and buyer will pay the bank charges in the country of the banks origin). If the customer chooses advance payment by bank transfer, the payment is due no later than 7 calendar days after contract conclusion. For delivery on invoice, payment is due no later than 7 calendar days after billing.
(4) If a customer is in arrears with his/its payment obligations, the seller shall be entitled to insist on damages and/or to withdraw from the contract in accordance with the relevant legal regulations.
(5) The seller shall always provide the customer with an invoice. Upon the acquisition of documents relating to the online shop, the seller shall also be entitled to transmit invoices by email as a pdf-data file.

§ 4 Delivery and transfer of risk
(1) The ordered goods are, unless otherwise agreed by contract, delivered to the address specified by the customer. The delivery is sent directly from the seller's warehouse.
(2) The availability of the individual goods is not specified in the item description in the online-shop. Goods in the warehouse will be dispatched by the Seller within 14 working days after conclusion of the contract, unless expressly agreed otherwise (in the case of advance payment by credit transfer: within 14 work days after receipt of payment). Where the goods are specified in the online-shop as not in stock the Seller will make every effort to deliver as soon as possible. Statements by the Seller regarding the delivery deadline are non-binding unless the delivery deadline was guaranteed as binding by the Seller in the exceptional case.
(3) The Seller reserves himself the right to deliver partially, if this seems to be of benefit for the fast processing of the customer's order and the partial delivery to the customer is not exceptionally unreasonable. Additional costs incurred by partial deliveries will not be charged to the customer.
(4) If the good is not available by our own suppliers (failure of suppliers to honor obligations), the seller reserves the right to withdraw from the responsibility of contract fulfillment and nullify the contract. This self supply revervation is only valid in case the seller is not responsible for a failed delivery from the seller's supplier. The seller is not responsible for a failed delivery, if we have concluded a congruent coverage transaction with our own supplier in timely manner. If the seller is not able to deliver the goods, the seller will immediately inform the customer and refund the received price and delivery charges. The risk of accidental destruction or accidental deterioration of the goods is transferred to the customer at the time of handing over. If the customer is an entrepreneur and goods are purchased by mail order, the risk of the goods accidentally being lost or deteriorating passes to the purchaser, when they are handed over to the haulage company, the freight company of any other person or institution that has been commissioned with handling the consignment.
(5) In the case of effective withdrawal, the customer must bear the regular shipping costs when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 40 Euro, or when in the case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment.

§ 5 Retention of title
The goods delivered remain property of the seller until fulfillment of all claims arising from the contract. If the buyer is a juridical person of the public right, a public law special property or an enterpriser who acts by end of the contract in exercise of his commercial or independent professional activity, the retention of title remains also exist for demands of the salesclerk against the buyer of the running business connection up to the balance of demands being entitled in connection with the purchase.

§ 6 Offsetting / right of retention
(1) The buyer shall not be entitled to set-off or withholding unless its counterclaims have been legally confirmed or acknowledged as correct by us.
(2) Furthermore, the buyer is only entitled to a right of retention if the counterclaim results from the same contractual agreement as our original claim.

§ 7 Liability for material and title defects
(1) Where there are deficiencies, the customers shall be entitled to the following provisions to the statutory warranty rights. If the contract only involves merchants, the provisions of §§ 377 ff. HGB.
(2) The Seller does not undertake any warranty in respect of defects caused by improper handling/application, wear and tear, storage or other acts or omissions of the Buyer or of third parties. Instructions for proper treatment can be referred by the customer in the relevant manufacturer description.
(3) Defects must be notified by the customer to the seller within a warranty period of two years for new goods and of one year for used goods. In case the customer is an entrepreneur, the warranty period for new items shall be 1 year. For corporate customers no warranty period applys for used goods. Curtailment of the guarantee period will not apply where the Seller has willfully concealed a defect or accepted a guarantee for a feature of the goods nor to damage compensation claims by the customer toward compensation of injury to body or health due to a defect for which the Seller is responsible or based on willful or gross negligent conduct by the Seller or his vicarious agents. The above reductions do not apply also if the seller fraudulently concealed a defect or has given a quality guarantee for the goods, and not for customer compensation claims aimed for indemnification in case of a personal injury or damage due to a defect for which the seller is responsible or gross negligence of the seller or its vicarious agents.
(4) If there are any defects and they were asserted in a timely manner, the Seller shall have the right to cure the defect.. If the repeated performance fails the Customer shall be entitled to reduce the price or to rescind from the Contract. In addition the legal stipulations shall apply.

§ 8 Information obligations in case of shipping damages
Should there be obvious damage to the merchandise itself or the packaging upon delivery to the customer, the customer must immediately notify the respective delivery company thereof, and immediately contact the seller by e-mail or other means (fax / post) in order to protect the seller's possible rights against the hauler/forwarding company.

§ 9 Disclaimer
(1) Outside of liability for material defects and deficiencies, the seller assumes full responsibility, if the damage was caused by wilful intent or gross negligence. The Seller shall be liable for minor negligence (obligations whose breach endangers the fulfilment of the intent of contract) as well as for the violation of cardinal obligations (obligations whose fulfilment mainly facilitates the proper performance of the contract and the observance of which the customer regularly relies on), but only for typical contractual losses which could have been reasonably foreseen. The seller is not responsible for the easily negligent injury to other one than the obligations specified in the sentences above.
(2) The limitations of the preceding paragraph shall not apply in the case of damage to life, body or health liability, for a defect after assumption of a guarantee for the quality of the contractual product, in the event of maliciously concealed defects. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. The seller explicitly points out that injectable products made of hyaluronic acid have to be administered by specially trained practitioners.
(3) If the liability of the seller is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
(4) It might be that in some countries, the Buyer is not permitted to purchase and/or import the offered products. Before buying, the Buyer confirms that the chosen product(s) can be purchased and delivered to the Buyer in the Buyers country without any special legal requirements. In case the Buyer has given a false confirmation (unintentionally or intentionally), the Buyer (and not the Seller) shall be liable for any consequences caused by the false confirmation.

§ 10 Privacy Policy
(1) The customer is aware and in agreement that personal data required for the execution of the relevant order may be stored by procise on data carriers. The customer expressly agrees with the collection, processing and use of his/its personal data. Personal data stored by procise shall naturally be treated in confidence. The collection, processing and use of personal data relating to the customer shall be effected in accordance with the Federal German Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) The customer shall be entitled to refuse to give its consent at any time as far as the future is concerned. In this case, procise shall be obliged to immediately delete all and any personal data relating to the customer. If there are any ongoing contractual relationships, these shall be deleted after they have expired.

Return instructions
(1) Return Policy: You can return the goods without giving any reason within 14 days by returning the goods. The time limit begins after receipt of this notification in writing (eg letter, fax, e-mail), but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Sections 1 and 2 draft Law as well as our duties according to § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. Only if not shipped by parcel (eg bulky goods) you can declare the return through a redemption request in written form. To meet the deadline, the timely dispatch of the goods or the withdrawal request. In any case, the return is at our cost and risk. The return or return requests must be sent to: Enikö Visky, Feldkirchen 3A, 84144 Geisenhausen, E-mail: web-shop(at)beauty-produkte-kaufen.de Fax: +49 (0)8743 3221002. Consequences of return In the event of a valid return, both counterparties must return the goods or payment, as the case may be, back to their original holder. In case of deterioration of the goods and its usage (e.g. consumer benefits), which can not be returned or only be returned in a state worse than the one they were in when sent to the customer, the customer will need to reimbuse for the discrepancy in value. This is not effective if bad conditions of the goods attributes solely on their inspection - like it is possible in an ordinary shop. Payments have to be refunded by the customer within 30 days from dispatch of the notice of withdrawal. For the customer, the period begins on submission of the declaration of withdrawal or return of the teaching materials and for the Seller upon receipt of the same. [End of return instructions] Above text is a translation of the German T&C. The Germany version of the T&C shall be legally binding.

The European Commission provides a platform for Online Dispute Resolution. Link:  http://ec.europa.eu/odr.