GENERAL TERMS AND CONDITIONS INCL. REVOCATION INSTRUCTION OF BUSINESS FOR ONLINE SALES
neat-cosmetics.com | allyouneat.com
1. INTRODUCTORY PROVISIONS
1.1 Identity of the seller
www.neat-cosmetics.com (hereinafter the “Website”) is a website of the company GERMANBEAUTYLAB GmbH & Co. KG (hereinafter the “GBL”).
1.2 Identity of the Buyer
“Purchaser” means any person who purchases GBL Products on the Website provided that such person is a final consumer (i.e. an individual who is not a reseller) who is legally able to enter into a contract. Therefore:
– the Buyer, by accepting these Terms and Conditions for Online Sales, declares and guarantees that the purchase of GBL products on the Website is not related to business activities and is for personal use only,
– the buyer assures not to resell or otherwise distribute the products or test samples purchased on the website. If he acts contrary to this, this can lead to civil liability.
1.3 General terms and conditions for online sales
These Online Sales Terms and Conditions are intended to govern the terms and procedures for online sales of GBL products on the Website. The Purchaser may print or save them.
By ticking the appropriate box, the Buyer acknowledges that he has read the Terms and Conditions and expressly agrees to them.
GBL reserves the right to change the General Terms and Conditions for Online Sales at any time without prior notice. These terms and conditions applicable to a particular purchase are always those agreed by the Purchaser when placing the order.
1.4 Information about the Products
Before placing an order, the buyer can find out about the essential characteristics and prices of the products he/she wishes to order by clicking on these products.
GBL reserves the right to add new products, remove products, change their appearance or price at any time. The valid information on products and prices for a particular purchase is the information displayed on the website at the moment when the Purchaser confirms the order.
1.5 Customer Service.
For information, questions or suggestions regarding an Order or the Products, please contact the GBL Customer Service:
– by phone at +49 15 222 888 354
– via the “contact form” section of the website
– by email to the address: email@example.com
– by mail to the following address GERMANBEAUTYLAB GmbH & Co. KG | Wilhelm-Blos-Str. 33 | 12623 Berlin
2. THE ORDER
2.1 The order is processed in the following steps:
2.1.1 Order on the website
The buyer selects the product(s) and adds it/them to the “Your shopping basket” section. He or she can check and change the entries for the planned purchase at any time.
The buyer must then confirm the necessary data, his billing and shipping address, the shipping method and the selected payment method.
As soon as the buyer confirms his order by clicking on the “Confirm payment” button, the buyer has finally accepted the contents of the order, including the terms and conditions, as well as the prices, characteristics, quality, quantities and delivery times for the products ordered. The order is then finally completed.
2.2 Confirmation of the order
GBL will send an email to the purchaser summarizing the entire content of the order, including the terms and conditions.
The buyer can track the status of the order and download his invoice via the “Your account” section of the website.
2.3 Products not available
If a product is not available after an order has been placed, the buyer will be informed of the consequences for his order no later than the delivery date. Only delivered products will be invoiced.
2.4 Cancellation of an order
GBL reserves the right to cancel orders in justified cases, in particular because
– the order comes from a business-like person, the order is of an unusual nature (such as more than 4 products with the same reference number), is repeated unusually often,
– the buyer has provided incomplete or incorrect information,
– default of payment for the total or partial amount owed by the buyer.
The buyer may cancel his order by exercising his right of withdrawal, which is governed by paragraph 6 “Withdrawal”.
The selling prices of GBL products are quoted in Euros for EU buyers and include all taxes applicable on the day of the order. Buyers from other countries will be shown the selling price in Euro, USD or local currency.
4. TERMS OF PAYMENT
4.1 Orders can only be paid for with a credit card accepted by GBL via the payment service provider and PaypalPlus or directly via Paypal. Payments by cheque or advance payment are not accepted.
The charge is made with the order.
By entering credit card or PayPal account information, the Buyer agrees to the debit of this credit card or Paypal account. The buyer must provide the credit card number, the date until which it is valid and the security code (three-digit number on the back of the card).
The entire process is encrypted. The buyer’s payment data is not transmitted via the website, but via the secure payment platform of the payment service provider – to protect against credit card fraud. GBL reserves the right to verify the seller’s information and in this context to ask for a copy of the buyer’s ID (e.g. copy of ID card) to be sent by e-mail or post. This may result in a delay in the processing of the order, for which the seller is not responsible and from which the buyer cannot claim compensation.
5.1 Delivery procedure
The products are distributed within Germany and the EU. Worldwide shipping is only carried out to countries where GBL products have a corresponding import permit and approval. These are shown during the ordering process and are available to the buyer as delivery destination.
The buyer can choose the most convenient delivery method from the offered shipping methods. – Express is offered separately where available.
5.2 Delivery times
The delivery time for the products depends on the choice made by the buyer in terms of the method of delivery when placing the order. For deliveries within Germany, it is usually 3 working days, unless otherwise stated in the product selection. The delivery times indicated by GBL are calculated from the time of order confirmation by GBL, subject to prior payment of the purchase price.
If the goods are returned to GBL because the buyer has not accepted the shipment of the goods, the buyer will be refunded the order value less any shipping costs incurred and any import charges.
5.3 Review of the order on receipt
The buyer immediately checks the condition of the packaging and informs the deliverer of his reservations immediately upon delivery. No further complaints regarding the packaging can be made to GBL Customer Service.
The buyer checks whether the delivery corresponds to his order and informs the GBL Customer Service about defects or non-conformities as soon as possible.
6. REVOCATION INSTRUCTION
6.1 The right of revocation applies only to buyers who are consumers (i.e. a natural person who places an order for purposes that are predominantly neither commercial nor self-employed).
6.2 The buyer is entitled to revoke the declaration to purchase the goods within 14 days by means of a clear statement (e.g. a letter or e-mail sent by post) or, if the goods have been handed over to him before expiry of the deadline, also by returning the goods without stating reasons.
You can use the attached sample revocation form for this purpose, which is not mandatory.
The revocation period is fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the goods.
The withdrawal period is deemed to be observed if the clear statement of withdrawal or the goods are dispatched before the expiry of the withdrawal period:
GERMANBEAUTYLAB GmbH & Co. KG | Wilhelm-Blos-Str. 33 | 12623 Berlin
German mobile phone number: +49 (0)152 52 888 354
7. LEGAL CONSEQUENCES OF REVOCATION AND RETURN
7.1 The services received by both parties, in particular the goods received by the Buyer and the payments made by the Buyer to the Seller (with the exception of the additional costs resulting from the fact that the Buyer has chosen a different type of delivery from the standard delivery offered by the Seller), must be repaid immediately in the event of an effective cancellation and at the latest within fourteen days from the day on which the Seller receives notification of the cancellation of the contract. Drawn benefits, such as interest, will be released. The buyer is obliged to pay compensation for any deterioration in value caused by the use of the delivered goods for their intended purpose. This does not apply if the deterioration is exclusively due to the examination of the properties and the functioning of the delivered goods. Inspection of the properties and the functionality means testing the item as is customary in retail shops.
7.2 In exercising the effective right of revocation, the buyer is obliged to return the delivered goods within 14 days after notification of the revocation to the address given above. The deadline is deemed to have been met if the buyer sends the goods before the deadline expires. The seller may refuse to refund the purchase price until he has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
The buyer shall bear the regular, direct costs of returning the goods, provided the goods delivered correspond to those ordered.
7.3 The right of withdrawal does not apply to 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.
8. WARRANTY FOR DEFECTS AND LIABILITY
In the event of defects in the delivered products, the statutory warranty rights for defects apply to the buyer.
8.1 GBL is liable to the Purchaser in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenditure.
8.2 In other cases, GBL is liable – unless otherwise provided for in Clause 8.1 – only in case of breach of a contractual obligation, the fulfilment of which makes the proper execution of the Contract possible in the first place and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases, any liability of the GBL is excluded, subject to the provision in clause 8.1.
8.3 A liability for damages resulting from injury to life, body or health, for guaranteed characteristics and according to the Product Liability Act remains unaffected by the above mentioned limitations and exclusions of liability.
9. SPECIAL TERMS AND CONDITIONS FOR AUTOMATED DELIVERIES
9.1 Agreements on automated deliveries are concluded for an unlimited period of time and can be terminated by the customer at any time without notice.
9.2 The right of extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
9.3 Notice of termination must be given in writing or in text form (e.g. by e-mail to firstname.lastname@example.org).
10. LIMITATION OF LIABILITY
10.1 GBL shall not be liable for any loss or damage resulting from fraudulent manipulation by a third party which has led to a change in the information available on the Website, for any default of the Purchaser or in cases of force majeure, namely events unforeseeable for GBL, contrary to the will of GBL or arising independently thereof.
10.2 If GBL is nevertheless held liable for any damage suffered by the Purchaser due to the fact that GBL did not perform its services or did not perform them properly, this liability is limited to the amount paid by the Purchaser to GBL for the Order.
10.3 Claims not legally binding, especially those arising from product liability, remain unaffected.
11.1 The fact that the GBL does not apply a provision of the General Terms and Conditions for Online Sales in relation to the Purchaser cannot be interpreted as a waiver of the application of that provision.
11.2 If any provision of the General Terms and Conditions of Online Sales is declared invalid, in whole or in part, the other provisions and rights and obligations under these General Terms and Conditions of Online Sales shall remain in full force and effect.
11.3 In general, it is expressly agreed between the GBL and the Purchaser that e-mails between the parties are as valid as the automatic collection systems used on the Website, especially with regard to the content and date of the Order.
12. PERSONAL DATA
The data collected is part of the data processing necessary for the management and tracking of the order process (including order acceptance, invoices, shipping, refunds, complaint management, customer service), customer feedback (on GBL products, service, content) and the management of user accounts (including loyalty programs, voucher promotions, advertising, flyers, surveys and the distribution of test samples to selected customers).
The recipients of the data are GERMANBEAUTYLAB GmbH & Co KG, Wilhelm-Blos-Str. 33, 12623 Berlin. This data is passed on to the cooperating service providers for the purpose of executing the order. In connection with the administration of user accounts, GBL may pass on this data to certain cooperating partners. Personal data is stored by GBL according to the legal requirements for a maximum period of 5 years after the last customer contact/purchase.
In accordance with the Data Protection Directive (in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) you have the right to access the data concerning you, to correct this data, to delete the data, to transfer data and to object to or restrict the use of your data. In the case of the right of information and the right of deletion, the restrictions according to §§ 34 and 35 BDSG apply.
The aforementioned rights of data subjects must be asserted vis-à-vis GBL by e-mail, via “the contact form” on the website or by letter to the following address:
GERMANBEAUTYLAB GmbH & Co KG
The buyer also has the right to lodge a complaint with the supervisory authority.
For further information on the processing of your personal data by GBL, please click: www.allyouneat.com/datenschutzbestimmungen.
13. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY RIGHTS
13.1 The Website and all items displayed on the Website are owned exclusively by GBL or its associated companies. It is absolutely prohibited to distribute, modify, transmit or reproduce the Website or any part of it in any form. Hyperlinks may only be placed on the Website or parts thereof with the prior written consent of GBL.
13.2 GBL or its affiliates are the owners of the properly registered and applied for trademarks. It is prohibited to use these Trademarks and in general to infringe the intellectual and industrial property rights of GBL or its Affiliates.
14. APPLICABLE LAW / COMPETENT LEGAL SYSTEM
14.1 These general terms and conditions of sale for online sales are subject to German law.
14.2 All disputes arising in connection with this document shall be subject to the exclusive jurisdiction of the competent German courts, including in relation to warranties or in the event of multiple defendants.