General Terms and Conditions
General Terms and Conditions of Business of Miss Lashes & Miss Brows
- § 1 - Details of service provider
- § 2 - Preliminary remarks on Miss Lashes & Miss Brows web shop
- § 3 - Scope of these Terms and Conditions; Customer group; Contractual
- § 4 - Conclusion of the contract
- § 5 - Right of withdrawal
- § 6 - Availability of goods
- § 7 – Prices and payment methods
- § 8 – Shipping & Returns
- § 9 - Retention of title
- § 10 - Set-off, right of retention
- § 11 - Guarantee of quality, guarantee
- § 12 - Liability
- § 13 - Information on data processing
- § 14 - Seminars / Cancellation conditions
- § 15 - Final provisions
§ 1 Details of service provider
Miss Lashes & Miss Brows,
72160 Horb am Neckar,
telephone +49 (0)7451 627 878 0,
e-mail: firstname.lastname@example.org und email@example.com
represented by company owner & managing director Irina Yalcin.
§ 2 Preliminary remarks on Miss Lashes & Miss Brows web shop
Miss Lashes & Miss Brows (hereinafter also “we”, “us” or “MLMB”) is a beauty and lifestyle brand which develops, markets and sells products (Made in Germany) in the cosmetic and beauty industry over a professional web shop. Placing a product order in the web shop www.miss-lashes.de and for the business relationship between MLMB and its customers (hereinafter „customer“ or „buyer“ or „you“) is governed exclusively by these General Terms and Conditions (hereinafter T&Cs) in the version valid at the time of the customer’s order via web shop. Deviating conditions of the customer are not recognized, unless MLMB agrees to their validity in writing.
§ 3 Scope of these Terms and Conditions; Customer group; Contractual
(1) The customer is a consumer insofar as the purpose of the ordered supplies and services cannot be attributed to his commercial or independent professional activity. Contractor, on the other hand, is any natural or legal person or legal person who is engaged in the performance of his commercial or self-employed professional activity when the contract is concluded.
(2) The prevailing language for conclusion of the contract and communication is German.
§ 4 Conclusion of the contract
(1) The customer can select MLMB products, particularly beauty products, from the assortment of MLMB products and collect them in a so-called basket of goods via the button "IN THE SHOPPING CART". The information on goods and prices within the ordering process is free and non-binding. Prior to sending the order, the following information about the ordering process is communicated to the customer clearly, clearly and in a prominent manner:
- the products in the basket, including their essential characteristics
- The total price of the goods, including all associated price components, as well as all taxes paid by the supplier, and
- the resulting shipping and shipping costs, as well as an indication of possible further taxes or costs, which are not paid for or billed by the supplier.
- The customer can change and view the data required for dispatch and payment at any time.
- Via the "buy now" button, the customer makes a binding offer to purchase the goods in the shopping basket (binding purchase offer).
- The order request can only be submitted and transmitted, however, if the customer by reading a hook as a sign of his consent in the note "I have read the general terms and conditions and agree to them expressly.", "I have read the right of revocation." As well as "I have noted the above overview of the purchase order, prices and costs." Has accepted the present general terms and conditions, the data protection regulations as well as the overview of the order and the associated costs and thereby included in his order request.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail in which the customer's order is listed again and the customer can print out using the "Print" function. The automatic acknowledgment of receipt merely declares that the customer's order has been received by the supplier and does not constitute acceptance of the application yet. The binding purchase offer is bindingly accepted by the supplier only if and as soon as he dispatches the goods with a separate E-mail (confirmation of shipment) confirmed (offer accepted). Until such time, the Supplier shall, in particular, have the right to refrain from the supply of the goods offered in the event of their non-availability. Only when the offer is accepted does a claim arise for the delivery of the ordered goods.
(3) In the course of the ordering process, the customer must in any case specify his e-mail address in order to enable the conclusion of the contract. It is also possible to register with the online shop by means of e-mail address and a self-selected password in order to facilitate subsequent ordering processes and to be able to view the status of the current order at any time. The customer is not allowed to pass on the password to third parties. In the case of a transfer, the customer is also responsible for orders from the third party. The customer alone has to pay for any orders with the password and the resulting claims.
§ 5 Right of withdrawal
(1) You can revoke your declaration of the contract in writing (eg letter, fax, e-mail) within 14 days without giving any reasons or - if the matter is left to you before the deadline - by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods at the consignee (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in connection with § (1) (1) and (2) of the EGBGB and our obligations pursuant to § 312g (1), first sentence, of the German Civil Code (BGB), in conjunction with Article 246 (3) of the German Civil Code.
The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
(2) In the case of an effective revocation, the services received at both ends must be returned and any benefits (e.g. interest) drawn.
If you cannot or do not return or receive the received service as well as products (for example, advantages of use) in a deteriorated condition, you must provide us with this information. For the deterioration of the goods and for drawn uses, you must only pay for the value of the goods as far as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the function. "Testing the characteristics and the mode of operation" means testing and testing the respective goods, as is possible and customary in the store business.
Transportable items are to be returned at our risk. You have to bear the regular cost of the return if the delivered product corresponds to the ordered and if the price of the returned item does not exceed an amount of 89 € net or if you at a higher price of the thing at the time of the revocation still Not the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge. Non-package items will be picked up by you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt.
§ 6 Availability of goods
If, at the time of the customer order, no copies of the selected product are available, the supplier shall immediately notify the customer in the order confirmation. If the product is permanently unavailable, the supplier will not accept a declaration of acceptance. A contract is not concluded in this case.
If the product designated by the customer in the order is only temporarily unavailable, the supplier also immediately notifies the customer in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, Miss Lashes is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay.
§ 7 Prices and payment methods
(1) The pricing is only visible in the login area of the online shop.
(2) All prices are exclusive of VAT.
(3) We reserve the right to demand statutory interest on arrears in the event of a delay in payment. The assertion of further damage is not excluded.
(4) The provider generally reserves a credit check.
- COD (cash on delivery, amount paid directly to the shipping company).
- Immediate transfer (www.sofortueberweisung.de).
- Through the online payment service "PayPal" (www.paypal.de), and credit card (Mastercard, VISA).
- Prepayment by bank transfer.
(5) If, on the purchase, the invoice amount to be paid is not credited to the supplier's account in due time, the customer automatically falls into arrears. Even without further warning, the customer is then obliged to pay the statutory interest rate in the amount of five percentage points above the respective base rate announced by the European Central Bank and the further default in arrears, in particular the further collection charges. However, the customer is entitled to provide evidence that no or less damage has occurred.
(6) The same applies in the event that the invoice amount should be paid by means of direct transfer, PayPal or prepayment by transfer, and should be rejected by the account institution.
(7) If the selected payment type is stored in the user account by the customer, he can change this at any time.
(8) The customer's obligation to pay interest on arrears does not preclude the supplier from making further delays.
(9) In the case of cash on delivery, the invoice amount is due upon delivery. This includes the COD charge. Furthermore, a transfer fee (when the cash on delivery is deducted) is payable, which is additionally collected and automatically retained by Deutsche Post AG. This transfer fee is not part of the invoice.
(10) Discount coupons, promotional codes, discount codes or other discounts (for example, a discount coupon with a discount code, a newsletter bonus) can only be redeemed at the respective promised terms and conditions. Furthermore, additional discounts in the course of our partner program are not allocated to already reduced products. Several discounts and discount vouchers can therefore not be combined.
§ 8 Shipping & Returns
(1) The goods will be shipped by post. A pick-up of the ordered goods on site is only conditionally possible for organizational reasons.
(2) The corresponding shipping costs amount to a flat rate of 4,90 € and are indicated to the customer in the online order form during the ordering process. These are to be borne by the customer insofar as the customer does not exercise his right of revocation.
(3) The delivery takes place from the delivery warehouse of Miss Lashes to the delivery address stated at the order. Except is the delivery to PO boxes, post offices and the DHL Packstationen of the Deutsche Post. The risk of shipment is borne by the supplier if the customer is a consumer.
(4) From an order sum of 89, - € (net), MLMB delivers free shipping. If the order amount of an order is below this amount, MLMB will charge 4,90 € for shipping. The sum total of the (virtual) commodity basket minus all discounts is the sum of the orders. Cash on delivery may incur additional costs.
(5) Legal holidays and public holidays, which vary within Germany, also affect the date of delivery of the customer's order and lead to a deferral of delivery to the respective following day.
(6) The supplier shall be entitled to partial deliveries to the address given at the order confirmation, as far as the customer is able to do so on the basis of a consideration of mutual interests. In the case of partial deliveries, the supplier bears the additional shipping costs. The dispatch of the partial deliveries is at the risk of the supplier. With the receipt of each partial delivery, the risk for the delivered articles passes to the customer. If the supplier is in arrears with outstanding partial services or if partial services are not available to him, the customer is only entitled to rescind the contract as a whole or to claim compensation for non-fulfillment of the entire liability if he fails to provide a partial delivery Interest.
(7) In the case of a revocation, the customer must return packages which can be sent by parcel to the supplier. UNFREME Parcels are not accepted. Each shipment is to be made at own expenses, the costs of delivery are reimbursed starting from a net price value of 89 €, -.
§ 9 Retention of title
The delivered goods remain the property of the supplier until payment is complete.
§ 10 Set-off, right of retention
(1) The customer is only entitled to offset rights if his counterclaims are legally established, undisputed or recognized by the supplier.
(2) The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
§ 11 Guarantee of quality, guarantee
(1) Product photos and product images on the website do not necessarily correspond to the appearance of the delivered products. In the event of the manufacturer's rebuilding of the product, changes in appearance and equipment may occur. Claims for defects do not exist insofar as the changes are reasonable for the customer.
(2) An additional guarantee for the goods supplied by the supplier is only if this is expressly stated in the order confirmation of the respective article.
(3) The supplier is liable for material defects according to the applicable legal regulations. If the goods are subject to defects, we shall, within a reasonable period of time, be required for a subsequent filling, that is to say, Either for replacement delivery or for removal of defects. If the supplementary performance selected by you is only possible with disproportionate costs, the supplier is entitled to make supplementary performance in the other form.
(4) The expenses necessary for the supplementary performance are borne by the provider. If the supplementary performance is not successful, the customer has the right at his discretion to reverse the purchase or reduce the purchase price.
(5) Defective goods must be returned to the supplier, unless the customer has decided to reduce the purchase price.
(6) Claims for defects become time-barred 2 years from the date of delivery of the goods. In respect of contractors, the warranty obligation for the goods delivered by the supplier is 6 months.
(7) The necessary costs for return in the event of a defect shall be borne by the supplier.
§ 12 Liability
(1) Claims of the customer for damages are excluded. This excludes the customer's claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents -hen. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier is only liable for the foreseeable damage caused by the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.
(3) The restrictions set out in paragraphs 12.1 and 12.2 shall also apply to the legal representatives and vicarious agents of the supplier if claims are directly asserted against them.
(4) Die Vorschriften des Produkthaftungsgesetzes bleiben unberührt.
(5) All instructions on the packaging, product instructions, packaging and other product information must be observed. No liability is accepted for any other application and / or handling.
§ 13 Information on data processing
For the handling of customer data, in particular the collection, use and processing, the special data protection information is available here.
§ 14 Seminars / Cancellation conditions
(1) Registration for training must be made in writing by post, fax or e-mail. An invoice will be sent to you after booking the course. The invoice must be paid in full no later than 4 weeks before the start of the training.
(2) After successful transfer, your training place will be reserved for you and you will receive a booking confirmation and all further information about the training.
(3) If the payment is not received at the latest 4 weeks before the beginning of the training, your reservation of your reservation seat will be forfeited and a processing fee of 69, - € will be charged.
(4) The cancellation of a booked training is only possible in writing. In the case of withdrawal, the following costs will be charged, depending on the date of withdrawal:
- up to 3 weeks before the start of the training 50% of the training fee
- up to two weeks before the beginning of the training, 100% of the training fee
For each cancellation or transfer, we charge a processing fee of 69, - €. In any case, this will also be settled within the free withdrawal. In case of sickness the course fee will be credited for a later date upon submission of a medical certificate.
(5) Miss Lashes reserves the right to provide training for (Minimum number of participants of three persons per training must be reached), cancellation of the reminder or similar unpredictable events or postpone dates. In case of cancellation by the Miss Lashes, the training fees will be refunded or credited on request for a later training date. Any further claim for damages is excluded.
§ 15 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between Miss Lashes and the customer under the exclusion of the UN purchase law.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the place of business of the provider.
(3) The contract shall remain binding in the remaining parts of the contract even if individual points are legally invalid. In lieu of the ineffective points, where applicable, the statutory provisions. To the extent that this would be an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.