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§ 1 Validity of the conditions as per contract (terms) (1) the vendor offers his achievements exclusively due to the following trading conditions. Supplementing for this the product descriptions of the manufactuter which are attached to the products apply. Hereby the vendor contradicts to any general trading conditions of the buyer. Deviations from our conditions as per contract are effective only if these are confirmed in writing. (2) our published data in folders, announcements, catalogues, on the internet etc. are noncommittal. Prices are not-binding. Price adjustments due to changes with customs, import and export fees, foreign exchange rates and manufacturer's selling price changes etc. remain reserving. A contract becomes effective only by a written confirmation (e-mail will be sufficient) or with the execution of the supply / achievement by the vendor or by an executing aide. Changes and additions of the contract apply only, if we confirmed them in writing (hardcopy or electronically). § 2 scope of supply / tender (1) the delivery covers the ordered and confirmed goods at the agreed (current) price plus possible shipping fees ex our stock. The passing of risk on the goods takes place with handing over to the buyer by the carrier. The most favorable dispatch is selected by the vendor. If the buyer wishes a special form of shipment, then the possibly resulting additional expenditures have to be payed by the buyer. (2) the supplied goods or parts of it can be returned in the case of incompatibilities which can not be feasted with cosmetics generally or non-convenience within 14 days based on our "money-back-guarantee" - without indication by reasons as well. The return-shipping-fee has to be payed by the buyer. § 3 money back guarantee / warranty (1) the vendor grants a "money-back-guarantee" to the buyer within 14 days. The 14 day period ends with expiration of the day (24 o'clock) at the date the invoice is issued plus 5 calendar days (time of transport) is reached. If the buyer claims for a longer time of delivery (transport), then the period extends accordingly. After receive of the returned goods in our stock the buyer keeps the calculated amount refunded less any shipping fee, if the buyer does not wish substitute products. With return of the commodity it is buyer's obligation to indicate a valid bank account, so that refunding the commodity value can take place problem-free and immediately. In case of credit card or email payment the relevant amount will be rolled-back with the appropriate organisation. In case of direct debit procedures the amount will be backtransferred to the account debited before. (2) the vendor guarantees under inclusion of the manufacturer's warranty additionally, that distributed products are always freshly and under consideration of a normal application and consumption practice have an appropriate minimum durability. Naturally the buyer is responsible himself during the use of the cosmetics, that the application and keeping of broken packages is according to the commodity. That means, an appropriate application and storage by the buyer is in principle presupposed. If ambiguity should exist with the buyer about appropriate application and storage, then the vendor advises the buyer on request to appropriate and pertinent extent. The consultation can take place verbally, by telephone or in writing - electronically as well. The consultation is naturally free of charge. § 4 Dispatch / Execution (1) the dispatch take place to the address indicated by the buyer; the vendor decides about the dispatch procedures, if not subject of buyer's different determination. Usually no p.o. boxes can be accepted for the dispatch. Partial deliveries are permissible and are considered as independent supplies. (2) the execution of orders effected still at the same day, if the order receives till 16 o'clock with the vendor. If an ordered article should not be coincidentally in stock then the buyer is informed immediately about it and communicated which delivery time prognosis can be expected. The buyer can then decide whether he keeps or cancels the order upright. The vendor is at any time endeavored to deliver the ordered goods as fast as possible. (3) shipping fees are calculated by the vendor exclusively as cost price (postage / freight). Basis for this is the valid tariff of the Luxembourg Post Office. Further costs of dispatch are not calculated. The calculation of shipping fee is effected by weight of the delivery and is shown automatically before conclusion of the order procedure. (4) if the vendor has to ship the commodity again due to incorrect indication of the ship-to-address and / or by non-collecting at the post office in case of absence of the buyer at delivery time and consequently the commodity has been return to vendor, then this additional forwarding expenses plus a handling fee at a value of EUR 10.00 debited to the buyer. These additional expenditures are charged for separately with the renewed dispatch. This additional invoice is attached to the recent dispatch and it is equally due and payable like the main invoice.
§ 5 prices / terms of payment / payment procedures
(1) indicated prices are net inclusively Luxembourg Value Added Tax (T.V.A.), if not differently indicated. Additionally the buyer has to pay for resulting shipping fee. Commercial buyers can get a Value Added Tax Invoice on request. Commercial buyers from EU area keep the commodity exclusive of the Luxembourg Value Added Tax supplied under indication of their Value Added Tax ID number, as far as they do not reside in Luxembourg. The buyer is responsible himself for the punctual and obligatory indication of its Value Added Tax ID number.
(2) the purchase price plus any shipping fee for goods delivered by mail order has to be payed depending on the selected mode of contract in advance, by cash on delivery (not possible to all countries), by credit card, by email, direct debit (with German bank account only) or bank transfer. Cheques are accepted only in payment of a debt. Cheque fees for cheques from countries of origin, in which we do not maintain a local bank account, go debited to the buyer. Same applies to possibly resulting remittance fees of the banks.
(3) all liabilities of the buyer are due on supply of the ordered goods. In case of orders "purchase on credit" (invoice) the invoice amount has to be balanced to the indicated bank account within 14 days counted starting from the date of issue of invoice.
(4) with exceeding of the date of payment the buyer automatically comes into delay, which not requires a special payment reminder by the vendor. In the case of delay the vendor is entitled to charge for overdraft interest equal to usual banking overdraft interest, at least however 6% per annum above the basis interest rate of the EZB (Central Europeen Bank) as minimum so far the buyer is not able to prove less disadvantage. The asserting of any further damage remains reserving. For each case sending a payment reminder buyer will be charged by 12.50 EUR.
(5) in case of delay vendor are entitled to refuse all supplies for the buyer, from other contractual relations as well. All possible consequences due to such a refuse are under buyer's responsibility exclusively. A right of lien of the buyer is not disposable in principle, as far as a claim of the buyer is not validly determined.
(6) the buyer has the choice of the purchase on credit - invoice - which does not apply in principle to all home states / countries, or the possibility to acquire the commodity by credit card payment. The vendor at least keeps himself expressly forwards to decide on contract-obligatory payment. With deviating decision by the vendor regarding payment procedure selected by the buyer the contract becomes effective only if the vendor informed the buyer about the only accepted payment procedure and the buyer confirmed this specific change of payment procedure. This procedure has to take place in writing (it is sufficient electronically).
(7) accounting and payments exclusively take place on EURO basis. The payment fulfilment has to take place exclusively in EURO. Bank fees or payment expenses exclusively go debited to the buyer. Excluded from it are the map fees resulting during credit card payments only. These are payed by the vendor.
(8) the credit card payment is completed online either thru PayPal - see www.paypal.com - or WORLDPAY - see www.worldpay.com . The completion is made surely, fast and comfortably by a safe server (SSL encoding). The personal data of the buyer are coded transmitted and not to be seen by a third party.
(9) in case of payment by bank order to the indicated bank account - purchase on credit (invoice) -, the buyer keeps 5% online discount granted, if the invoice is balanced acc. to §5,3. With credit card payments this online discount is void due to the credit card fee which is payed by the vendor.
§ 6 online-payment with PayPal
The vendor points out that for use this procedure the buyer may own or register for a free PayPal account - see www.paypal.com. Payment could be carried out without a own account with PayPal.
§ 7 dates
Supply / achievement dates apply only upon written agreement / confirmation. The supply / achievement time extends appropriately in case of force majeure, strike / lockout, legal or official arrangement and import / export restrictions. The buyer has the right, on delay caused by the vendor after setting an appropriate respite against the vendor to withdraw the contract. In no case regarding withdrawing the contract any claim against the vendor or compensation by the vendor is substantially impossible. As well as such because of escaped profit and its escaped realisation of possible profits are impossible, as far as not rough negligence is caused by the vendor.
§ 8 retention of title
The vendor remains in the case of be-bound orders the property at the delivered goods up to the complete payment of all demands including secondary claims reserving. With contrary behavior to the terms of the contract of the buyer the vendor is entitled to take the reservation commoditiy back at his expense; in this case however no cancellation of the contract take place. The buyer may not use the reservation commodity. In the case of sale the extended retention of title applies for the buyer.
§ 9 guarantee / liability
(1) the vendor guarantees the usefulness of the goods according to the published valid descriptions and specifications of manufacturer at the time of selling the products. An insignificant reduction of usefulness remains out of consideration, as far as no rough negligence caused by the vendor.
(2) the vendor do not take over guarantee / liability, if with cosmetics the storage and instructions for use and durability referenced on the part are not considered in particular by the buyer. With alleged claims of the buyer this has to prove that he considered all relevant data conscientiously and carefully.
(3) the guarantee period is 24 months effective from date of purchase, as far as nothing different is indicated. The warranty is impossible, if the consumer uses received commodity over the durability date proven on the packing and / or did not use till that date. The vendor is entitled to extend with the purchase the guarantee period according to his arbitrary discretion. As far as a lack of the commodity due to vendor's responsibility occurs the vendor is entitled depending on its choice for the defect removal or replacement. This proves again as incorrect, the buyer is entitled to require reduction or transformation of the order after setting an appropriate respite depending on buyer's choice.
(4) additonal liability claims of the buyer are express and in principle impossible, same from which argument. In particular the vendor is not responsible for inappropriate use and storage of acquired products. Limitation of liability do not apply if liability is due to resolution or rough negligence caused by the vendor.
§ 10 saving clause
(1) it applies the respective right of the home state of the buyer under exclusion of the UN sales law, if nothing different is indicated.
(2) the place of jurisdiction is the court, which is the competent authority with the contracting party, responsible for the controversy side.
(3) the inefficacy of individual regulations of these general trading conditions or the sales contract do not effect the effectiveness of the remaining regulations. Into the place of such ineffective regulation steps instead one, which comes closest next to the economically wanting.