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General terms and conditions (GTCs)

General terms and conditions (GTCs) of www.BeautyShop.online

Scope of application

Vamedis Deutschland GmbH, Hofmannstraße 5, 81379 München - Germany, tel. +49 (89) 548444-44, Fax +49 (89) 548444-12, Email bso@vamedis.com, (hereinafter referred to as BeautyShop) is the operator of the website www.BeautyShop.online and the services offered within. When accessing the website or ordering goods, the following general terms and conditions (GTCs) in their current valid, downloadable version apply to the use of the website BeautyShop.online, as well as to the business relations between BeautyShop and its customers. The offers on this website are exclusively for customers resident in Germany.

The definition of a customer is any natural or legal person who maintains business relations with BeautyShop. The GTCs, shipment and payment terms, and privacy policy may be adapted from time to time. BeautyShop asks you to read these terms carefully every time you visit the website and every time you place an order.

These GTCs apply exclusively. Conditions which conflict with, are additional to, or deviate from these GTCs require express written confirmation from BeautyShop. By using this website or placing an order, the customer confirms their comprehensive acknowledgement of these GTCs including the shipment and payment terms.

Should individual provisions of these GTCs be ineffective or unenforceable, or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.

 

Information on this website

BeautyShop contains information about products and services. BeautyShop reserves the right to make price and product changes, as well as technical changes. All information on www.BeautyShop.online (product descriptions, images, videos, masses, weights, technical specifications, accessories and other data) should be understood as approximate values only, and in particular represent no assurance of characteristics or guarantees, unless explicitly stated otherwise. BeautyShop makes every effort to provide accurate, complete, and up-to-date information on this website, but this cannot be guaranteed, either explicitly or implicitly.

All offers on this website must be considered non-binding, and are not to be understood as a binding offer.

BeautyShop cannot guarantee that the products listed are available at the time of ordering. For this reason, all information on availability and shipping deadlines is provided without guarantee, and is subject to change without notice.

 

Prices

Unless otherwise stated, BeautyShop prices include statutory VAT, any applicable recycling fees (VRG), and copyright fees for electronic devices. Prices are stated net in Euro (€).

Unless otherwise specified, any shipping and insurance costs are invoiced separately, and are to be paid by the customer. Shipping costs are indicated separately in the ordering process.

We reserve the right to make technical changes and to correct mistakes and printing errors; in particular BeautyShop may make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.

 

Conclusion of contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from BeautyShop. By ordering via this website and accepting these GTCs, the customer is making a legally binding offer to conclude a contract. BeautyShop then sends an automatic order confirmation via email, which confirms that the customer’s offer has been received by BeautyShop. Transacted orders are binding for the customer. Unless stated otherwise, there is no right of return or withdrawal.

The contract is concluded as soon as BeautyShop sends a declaration of acceptance via email, in which the dispatch of the ordered products or services is confirmed.

Orders are only accepted after payment in full has been made (exception: delivery against invoice), and insofar as the goods are available. If, after the contract is concluded, the ordered goods cannot be delivered in part or in full, BeautyShop is entitled to withdraw from all or part of the contract. If the customer’s payment has already been received by BeautyShop, this payment will be refunded to the customer. If no payment has been made, the customer is released from any payment obligation. In the event of a contract cancellation, BeautyShop is under no obligation to provide a replacement delivery.

 

Payment options and retention of title

Payment options available to the customer are detailed in the ordering process.

We are entitled to carry out a credit check. BeautyShop reserves the right to deny customers certain payment options without providing a reason, or to insist on pre-payment.

In the event of default of payment, BeautyShop may charge default interest of 5% per year, as well as a reminder fee of up to 20,00€ per reminder.

Products delivered to the customer remain the property of BeautyShop until payment is received in full.

 

Minimum order value

The minimum order value is CHF 200.00 net. 

 

Delivery, inspection obligation, notification of defects, and returns

Deliveries will be sent by post, courier service, or another transport service provider to the address specified by the customer in the order. Invoices will be sent by post or email. The transfer of benefits and risks shall pass to the customer upon shipping, insofar as this is legally permissible. BeautyShop reserves the right to deliver only in advance.

If delivery cannot be made, or if the customer refuses to accept the delivery, BeautyShop may terminate the contract after a reasonable deadline by sending the customer notification via email, and may invoice the customer for the inconvenience caused.

The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery, and to provide immediate written notification by letter or email of any defects for which BeautyShop provides a guarantee to the address detailed in the imprint.

The customer shall bear the costs and risks of any returns to BeautyShop. The customer must return the goods in their original packaging, complete with all accessories, together with the delivery note and a detailed description of the defects, to the return address given by BeautyShop in the imprint.

If, upon inspection of the goods, BeautyShop verifies that there are no detectable defects or that they are not covered by the manufacturer’s warranty, BeautyShop may invoice the customer for any inconvenience caused, as well as the return or disposal of the goods.

 

Right of Cancellationnimum order value

Right of cancellation for commercial customers

The customer is granted the right to cancel for 10 calendar days upon receipt of the product. The period is deemed to be met if the customer submits written cancellation by email to bsoreturns@vamedis.com or letter to the address indicated in the Imprint to BeautyShop by the deadline. The cancellation does not require justification.

The exercise of the right of cancellation leads to a reversal of the Agreement. The customer must return the goods in their original packaging, complete with all accessories, and together with the delivery note to the return address specified by BeautyShop in the Imprint within 10 calendar days. Returns to BeautyShop are made at the customer’s own risk and expense. Any payment already made will be refunded to the customer within 20 calendar days, provided BeautyShop has already received the returned goods or the customer can provide proof of delivery.

BeautyShop reserves the right to demand reasonable compensation for damage, excessive wear, or loss of value due to improper handling and to deduct the value reduction from the purchase price already paid or to charge the customer.

No right of cancellation is granted in the following cases:

  • If the Agreement has a random element, in particular because of price fluctuations over which the provider has no influence.
  • If the object of the Agreement is a movable, which due to its manufacture is not suitable for a return or which can spoil quickly;
  • If the Agreement relates to a movable object, which is manufactured according to the specifications of the customer or is clearly tailored to personal needs;
  • If the object of the Agreement is digital content and such content is not made available on a fixed medium or if the Agreement has been fully fulfilled by both agreeing parties,
  • If the Agreement relates to a service and the Agreement has to be completely fulfilled by the supplier with the prior express consent of the consumer, before the cancellation period has expired.

Right of Cancellation for Consumers

Consumers have the right to cancel this Agreement within fourteen days without giving any reason. The cancellation period is fourteen days starting on the day on which you or a third party named by you who is not the shipper have taken possession of and/or have the last product.

In order to exercise your right of cancellation, you must inform us via a letter sent by post, fax, or email and clearly state your intention to cancel this Agreement, addressed to the addresses listed in the Imprint. You can sure use the attached cancellation template, if you wish, but its use is not mandatory.

Consequences of cancellation

If you cancel this Agreement, we shall refund you all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) immediately and at the latest within fourteen days from the date on which your notice of cancellation of this Agreement has been received by us. We will provide the refund using the same method of payment that you used for the initial transaction, unless otherwise explicitly agreed upon with you; in no case, will you be charged fees for this refund. We can refuse a refund until we have received the goods back again or until you have provided proof that you sent the goods back depending on which point in time comes first.

You shall send back or hand over the goods to us immediately to the return address indicated in the Imprint and in any case at the latest within fourteen days starting on the day on which you inform us of the cancellation of this Agreement. The period is observed if you send back the goods before the expiry of the period of fourteen days. You bear the immediate cost of sending back the goods.

You only have to pay for any loss of value of the goods if this loss of value can be traced back to unnecessary handling of the goods to verify the quality, characteristics, and functionality of the goods.

Exceptions to the right of cancellation

No right of cancellation is granted in the following cases:

  • If the Agreement has a random element, in particular because of price fluctuations over which the provider has no influence.
  • If the object of the Agreement is a movable, which due to its manufacture is not suitable for a return or which can spoil quickly;
  • If the Agreement relates to a movable object, which is manufactured according to the specifications of the customer or is clearly tailored to personal needs;
  • If the object of the Agreement is digital content and such content is not made available on a fixed medium or if the Agreement has been fully fulfilled by both agreeing parties,
  • If the Agreement relates to a service and the Agreement has to be completely fulfilled by the supplier with the prior express consent of the consumer, before the cancellation period has expired.

 

Warranty

BeautyShop endeavours to deliver goods in flawless condition. In the case of defects of which BeautyShop has been notified in due time, BeautyShop assumes the warranty for the flawlessness and functionality of the item purchased by the customer for the statutory warranty period, usually two years from the date of delivery. It is at the discretion of BeautyShop to fulfil the warranty through free repair of the item, replacement with an equivalent item, or reimbursement of the purchase price. Further claims are excluded.

The warranty does not cover normal wear and tear, or the consequences of improper handling or damage by the customer or third parties, or defects due to external circumstances. Parts subject to replacement from normal wear and tear and usage (e.g. batteries, accumulators etc.) are also excluded from the warranty.

BeautyShop is not able to give assurances or guarantees for the topicality, completeness and correctness of the data on its website, or for the permanent and undisturbed availability of the website, its functionalities, integrated hyperlinks, and further content. In particular, BeautyShop can neither assure nor guarantee that the use of its website will not infringe the rights of third parties that are not owned by BeautyShop.

 

Liability

BeautyShop excludes any liability, irrespective of its legal basis, as well as any claims for damages against BeautyShop and any persons or vicarious agents. In particular, BeautyShop is not liable for indirect damages and consequential damages, loss of profit, or other personal, material, or purely financial damages to the customer. More stringent statutory liability, for example liability for gross negligence or unlawful intent, is reserved.

BeautyShop only uses hyperlinks to simplify the customer’s access to other websites. BeautyShop can neither have detailed knowledge of the content of the websites, nor assume liability or any other responsibility for the content of these websites.

 

Privacy policy

BeautyShop may process and use the data collected upon the conclusion of the contract to fulfil the obligations arising from the purchase contract, as well as for marketing purposes. Data necessary to perform a service can also be passed on to authorised service partners (logistics partners) or other third parties.

You can find further data protection provisions in our privacy policy.

 

Further provisions

BeautyShop expressly reserves the right to change these GTCs at any time without notice.

In the event of disputes, only German law shall apply, with the exclusion of conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The court of jurisdiction is Munich, insofar as the law does not state a different mandatory jurisdiction.

 

Contact

If you have any questions regarding these GTCs, please contact us using the contact details provided in the imprint.

Version 01.11.2016