GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents
- Scope of Applicability
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Liability for Defects
- Applicable Law, Jurisdiction
1) Scope of Applicability
1.1 These terms and conditions of Beauty Mates GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby contradicted unless otherwise agreed.
1.2 A consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activity. An entrepreneur in the sense of these general terms and conditions is any natural or legal person or a partnership with legal capacity that acts in the exercise of their self-employed professional or commercial activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer from the Seller but serve as a basis for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. By entering their personal data and clicking the button that concludes the order process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart.
2.3 The Seller can accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the access of the order confirmation to the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the access of the goods to the Customer is decisive, or by requesting payment from the Customer after the Customer has placed their order. If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the specified period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound to their declaration of intent.
2.4 If the Customer selects "PayPal Express" as the payment method during the order process, they simultaneously issue a payment order to their payment service provider by clicking the button that concludes the order process. In this case, the Seller already declares the acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the order process.
2.5 The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the dispatch of the offer.
2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order, along with the present terms and conditions. In addition, the contract text will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected customer account by entering the appropriate login details, provided the Customer has set up a customer account in the Seller's online shop before submitting their order.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for the conclusion of the contract.
2.9 The order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal is provided in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 The prices indicated by the Seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The Customer has various payment options available, which are indicated in the Seller's online shop.
4.3 If advance payment is agreed, payment is due immediately after the conclusion of the contract.
4.4 If the Customer selects "PayPal" as the payment method, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal terms of use, which can be viewed at PayPal Terms. This requires that the Customer either opens a PayPal account or already has one.
4.5 If the Customer selects a payment method offered through the payment service "Shopify Payments", payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services, which may have special payment conditions that the Customer will be separately informed about. More information about "Shopify Payments" can be found online at Shopify Payments.
4.6 If the Customer selects a payment method offered through the payment service "mollie", payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered through mollie will be communicated to the Customer in the Seller's online shop. To process payments, mollie may use additional payment services, which may have special payment conditions that the Customer will be separately informed about. More information about "mollie" can be found online at mollie.
4.7 In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant bank transfer. Payment is made to Klarna. More information and Klarna's terms of use can be found here: Klarna's Terms.
5) Delivery and Shipping Conditions
5.1 Delivery of goods is regularly made by shipping to the address provided by the Customer. The address specified in the Seller's order processing is decisive for the transaction. Deviating from this, in the case of payment method PayPal, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipping.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon handover of the goods for shipment or upon delivery to the appointed transport person.
5.4 Self-pickup is not possible for logistical reasons.
5.5 Delivery is made exclusively to customers residing in Switzerland.
6) Liability for Defects
The statutory liability for defects applies.
7) Applicable Law, Jurisdiction
7.1 If the Customer acts as a consumer, Swiss law applies to all legal relationships of the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's residence.
7.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business or residence.
Status: 05.07.2024, 12:00:00 PM