General Terms and Conditions
AGB Schnell Cosmetics Vertriebs GmbH
1. Conclusion of the Contract
The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking the button “Order now subject to payment,” you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after submission of the order and does not yet constitute acceptance of the contract. The purchase contract is concluded only through our express declaration or by dispatch of the goods.
2. Applicability, Definitions and Customer Group
We deliver on the basis of the following General Terms and Conditions, which form the basis of the contracts concluded with us on the basis of the offers on our internet shop page.
Where these terms and conditions refer to consumers, these are, pursuant to the statutory provision (§ 13 German Civil Code (BGB)), natural persons for whom the purpose of the order cannot predominantly be attributed to a commercial or self-employed professional activity. In Austria, legal persons may also be consumers.
Where time limits are specified in working days, these shall be understood to mean all weekdays excluding Saturdays, Sundays and statutory public holidays at our registered office in Baden-Württemberg, 71711 Steinheim an der Murr. New Year’s Eve and Christmas Eve are treated as public holidays.
We sell only to adult, fully legally competent natural persons or legal persons. The data required for the order, such as name, address, etc., must be provided completely and truthfully.
3. Information on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reasons.
The withdrawal period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Schnell Cosmetics Vertriebs GmbH), 71711 Steinheim an der Murr, Tel.: +49 (0) 7148 1631217, e-mail address: info@schnell-cosmetics.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4. Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You are only required to compensate for any diminished value of the goods if this loss of value is due to handling of the goods which is not necessary to check the nature, characteristics and functioning of the goods.
5. Exclusion / Expiry of the Right of Withdrawal
Pursuant to § 312g (2) BGB, inter alia, no right of withdrawal exists for contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, and it expires prematurely in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The goods are to be returned to: (Schnell Cosmetics Vertriebs GmbH), Schlossstraße 16/2, 71711 Steinheim.
Orders and deliveries are generally only possible within Germany. The sale of items takes place only in quantities customary for households. Larger quantities and shipping to other countries shall only take place by agreement, consultation and a written offer.
If delivered items show obvious material or manufacturing defects, including transport damage, please complain of such defects immediately to us or to the employee of the parcel service provider who delivers the items. Failure to make such a complaint shall have no consequences for your statutory claims. For all defects of the purchased item occurring within the statutory warranty period, the statutory claims for subsequent performance, at your choice for remedy of defects or replacement delivery, as well as—if the statutory requirements are met—the further claims for reduction or withdrawal and additionally for damages, including compensation for damages instead of performance and reimbursement of futile expenses, shall apply. Insofar as we grant you a seller’s guarantee, the details arise from the guarantee conditions enclosed with the respective delivered item. Warranty claims exist irrespective of statutory claims/rights.
6. Model Withdrawal Form
The “model withdrawal form” mentioned above under item 3 of the information on the right of withdrawal is reproduced below.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and send it back.)
– To Schnell Cosmetics Vertriebs GmbH – Schlossstraße 16/2 – 71711 Steinheim an der Murr –
E-mail: info@schnell-cosmetics.de
– I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
– Ordered on () / received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of notification on paper)
– Date
________________________________________
(*) Delete as applicable.
7. Retention of Title
The goods shall remain our property until full payment has been made.
8. Warranty and Complaint Management
In the event of defects of the goods, the customer has a statutory liability for defects (warranty) right.
We value your customer satisfaction. You may contact us at any time via one of the contact channels specified at the end of these GTC. We endeavour to review your request without delay and will contact you after receipt of the documents or your submission or complaint. You assist us by describing the subject matter of the problem as precisely as possible and, if applicable, submitting copies of order documents or at least stating the order number and customer number.
9. Dispute Resolution for Consumers
We always endeavour to reach an agreement with the customer. Please use our service contact or our other specified contact options. The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/. You can reach our service contact at info@flamingo-wellness.de. Schnell-Cosmetics Vertriebs GmbH is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10. Electronic Communication
You agree that contract-related communication may take place in electronic form.
11. Storage Option and Access to the Contract Text
You can archive these GTC and the other contractual provisions with the data of your order during the ordering process by either downloading the GTC and saving the data summarised in the ordering process in the online shop using the functions of your browser, or by waiting for the automatic order confirmation, which we additionally send to you by e-mail after completion of your order to the e-mail address provided by you, if you have provided an e-mail address. This order confirmation e-mail again contains the contractual provisions with the data of your order and can easily be printed out or saved with your e-mail program.
The contract text is stored by us but, for security reasons, is not directly accessible to you. However, we provide each customer with a password-protected direct access after registration (“My Account”). Here, after appropriate registration prior to purchase, you can manage your data. The customer undertakes to treat the personal access data confidentially and not to make them accessible to any unauthorized third party. The GTC can be found in the version valid at the time on our website.
12. Contracting Party, Language and Conclusion of Contract
Your contracting party is Schnell Cosmetics Vertriebs GmbH. Contracts in our internet shop can currently only be concluded in German and English. Our advertising offers are non-binding as long as they do not become part of a contractual agreement.
Before submitting your order, you have the opportunity to review and correct the data you have entered. By submitting your order, you submit a binding declaration of contract. Confirmation of receipt of the order is issued immediately after the technically proper receipt of your order. A binding contract is concluded when we accept your order. This acceptance takes place by a separate e-mail in which we usually also indicate the dispatch of the goods.
In the case of credit card payment, the order confirmation by e-mail already constitutes acceptance of the contract.
In the case of advance payment, we accept your order when we request you to make payment.
In the case of payment with PayPal, acceptance takes place when you complete your order with the payment confirmation via the oered online payment service. If the ordered goods are delivered to you without you having previously received a separate declaration of acceptance, this shall also be deemed acceptance of your order.
Otherwise, the confirmation of receipt does not yet constitute acceptance of your order but is intended only to inform you that your order has been received by us. Subject to a statutory right of withdrawal, the customer is bound to his order for a maximum of 5 days.
13. Validity of Prices
The prices stated on www.schnell-cosmetics.de are euro prices. For orders in our internet shop, the prices stated in the offer at the time of the order apply. The stated prices are total prices, i.e. they include the respectively applicable German statutory value added tax.
Shipping costs are to be agreed depending on the order and delivery address. Shipping to other EU countries shall only take place by agreement, consultation and a written offer. For deliveries outside the states of the European Union, further costs may arise upon import into a third country (customs duties, possible customs fees and import turnover taxes). These other costs shall be borne by the customer.
14. Payments
We offer various payment options. Depending on the result of a creditworthiness check, we reserve the right, upon acceptance of the contract, to refer you to our other payment methods instead of the payment methods of direct debit and purchase on account. There is no entitlement to payment by direct debit or purchase on account. You can generally choose between:
Purchase on account (subject to creditworthiness):
For organizational reasons, purchase on account is only possible for new customers from the second order onwards. It is required that all previous invoices have been paid. The invoice amount is payable within 8 days without deductions. Invoicing takes place with delivery.
PayPal:
You pay the invoice amount via the online provider PayPal. You must generally be registered there or first register, legitimize yourself with your access data and confirm the payment instruction to us (exception possibly guest access). Further instructions on how to get to the payment provider’s page will be provided during the ordering process. Please note that we can only offer PayPal Plus to customers from Germany.
Advance payment by bank transfer:
You will receive the bank details after placing the order.
We reserve the right to offer you only certain payment methods for the requested delivery, for example, to secure our credit risk only such methods corresponding to the respective creditworthiness.
In individual cases, we reserve the right to deliver the goods only after a down payment. After receipt of the order, we will coordinate this with the customer.
15. Delivery
You will receive the ordered goods, checked several times and well packed, via postal delivery (DHL, MBE), other parcel services or personally by us. If partial deliveries are made by agreement, we will charge shipping costs only once. If you are not met by the parcel service provider upon delivery of your shipment, a notification card will be left for you to collect the shipment. Please note, however, the storage period of a maximum of 7 days. We also deliver to packing stations via DHL. Shipments to post office boxes or poste restante shipments are not possible.
Delivery within Germany takes place after receipt of the order and, if applicable, receipt of payment. Any eviating delivery times are indicated on the respective product page. The delivery time may be extended for engraved items. In the event of any delivery delays, we will inform you immediately.
The delivery time shall be extended appropriately in the event of strikes and lockouts affecting delivery as well as other circumstances beyond our control, in particular in cases of delivery delays due to force majeure. We will inform the buyer immediately of the beginning and end of such hindrances. The obligation to deliver may be waived by a corresponding declaration of withdrawal by us in cases in which we ourselves are not supplied correctly and on time and are not responsible for the lack of availability. In the event of non-availability of the goods, we will inform you immediately accordingly and any advance payment will be refunded without delay.
16. Data Protection, Creditworthiness Check
Our data protection practice complies with the statutory provisions. Details on the collection and use of your personal data can be found in our data protection provisions, which also contain information on the creditworthiness check, within the framework of which values for the probability of default are calculated, whereby your address data are also included. You may object to the use, processing and transmission of your personal data for marketing purposes at any time by informal notification by post to Schnell Cosmetics Vertriebs GmbH or by e-mail to info@schnell-cosmetics.de. However, this does not apply to the data required for processing your order. After receipt of your objection, we will no longer use, process or transmit the affected data for purposes other than processing your order.
17. Applicable Law, Place of Jurisdiction
German law shall apply to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements, even after their incorporation into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.
In commercial dealings with merchants and with legal entities under public law, the place of jurisdiction for all disputes arising from these General Terms and Conditions and individual contracts concluded under their applicability, including actions on bills of exchange and cheques, is agreed to be our registered office. In this case, we are also entitled to bring an action at the customer’s place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provision.
18. Severability Clause
Should individual provisions of these General Terms and Conditions be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the General Terms and Conditions otherwise. The statutory provisions shall replace the invalid provisions. The same applies insofar as the General Terms and Conditions contain an unforeseen gap.
Your Provider and Contracting Partner
Schnell Cosmetics Vertriebs GmbH
Schlossstraße 16/2
71711 Steinheim an der Murr
Stuttgart District Court
Register Number: HRB 799215
VAT ID No.: DE454619677
Managing Director: Andreas Schnell
Personally liable partners:
Corinna Stober
You can reach us by telephone at +49 (0) 7148 1631217
and by e-mail at info@schnell-cosmetics.de