General Terms and Conditions
General Terms and Conditions of Schnell Cosmetics Vertriebs GmbH.
1. Formation of the Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Place order with obligation to pay” button, you submit a binding order for the goods contained in your shopping basket. Confirmation of receipt of the order is sent immediately after the order has been submitted and does not yet constitute acceptance of the contract. The purchase contract is concluded only upon our express declaration of acceptance or dispatch of the goods.
2. Scope, Definitions and Customers
We supply goods in accordance with the following General Terms and Conditions, which form the basis of contracts concluded with us on the basis of the offers available on our online shop.
Where these Terms and Conditions refer to consumers, these are, in accordance with the statutory definition (§ 13 BGB, German Civil Code), natural persons whose purpose in placing the order cannot predominantly be attributed to their commercial or self-employed professional activity. In Austria, legal entities may also qualify as consumers.
Where deadlines are stated in working days, these are understood to mean all weekdays except Saturdays, Sundays and 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 natural persons of legal age with full legal capacity or to legal entities. The information required for placing an order, such as name, address and other details, must be provided completely and truthfully.
3. Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last item of goods.
To exercise your right of cancellation, you must inform us, Schnell Cosmetics Vertriebs GmbH, Schlossstraße 16/2, 71711 Steinheim an der Murr, Germany, Tel.: +49 (0) 7148 1631217, E-mail: info@schnell-cosmetics.de, of your decision to cancel this contract by means of an unequivocal statement, for example by a letter sent by post or by e-mail. You may use the attached model cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification concerning the exercise of your right of cancellation before the cancellation period has expired.
4. Effects of Cancellation
If you cancel this contract, we shall reimburse all payments received from you, including delivery costs, with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract.
We shall make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
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 your cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5. Exclusion and Expiry of the Right of Cancellation
Pursuant to § 312g (2) BGB, the right of cancellation does not apply, among other things, to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal requirements.
The right of cancellation 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 must be returned to:
Schnell Cosmetics Vertriebs GmbH
Schlossstraße 16/2
71711 Steinheim an der Murr
Germany
Orders and deliveries are generally only possible within Germany. Products are supplied only in quantities customary for private households. Larger quantities and deliveries to other countries are only available by prior agreement, consultation and written quotation.
If delivered items show obvious defects in materials or workmanship, including transport damage, please notify us immediately or report such defects to the employee of the parcel delivery service delivering the items. Failure to make such a notification has no effect on your statutory rights.
For all defects in the purchased goods occurring during the statutory warranty period, you may, at your discretion, exercise your statutory rights to subsequent performance, rectification of defects or replacement delivery and, where the statutory requirements are met, further rights to a price reduction or withdrawal from the contract, as well as claims for damages, including damages in lieu of performance and reimbursement of expenses incurred in vain.
Where we provide you with a seller’s guarantee, the details are set out in the guarantee conditions enclosed with the respective item delivered. Guarantee claims apply without prejudice to statutory claims and rights.
6. Model Cancellation Form
The model cancellation form referred to in the cancellation policy under Section 3 above can be found below.
Model Cancellation Form
If you wish to cancel the contract, please complete this form and return it.
To:
Schnell Cosmetics Vertriebs GmbH
Schlossstraße 16/2
71711 Steinheim an der Murr
Germany
E-mail: info@schnell-cosmetics.de
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / provision of the following service (*):
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is submitted on paper):
- Date:
(*) Delete as appropriate.
7. Retention of Title
The goods remain our property until payment has been made in full.
8. Warranty and Complaints Management
In the event of defects in the goods, the customer is entitled to the statutory rights relating to liability for defects (warranty).
We value your satisfaction as a customer. You may contact us at any time using one of the contact methods specified at the end of these General Terms and Conditions. We will endeavour to review your enquiry without undue delay and will contact you after receiving the relevant documents, your enquiry or your complaint.
You can assist us by describing the nature of the problem as precisely as possible and, where applicable, providing copies of the relevant order documents or at least stating your order number and customer number.
9. Consumer Dispute Resolution
We always endeavour to reach an amicable solution with our customers. Please use our service contact or one of the other contact methods provided for this purpose.
You can contact our customer service at info@schnell-cosmetics.de.
Schnell Cosmetics Vertriebs GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
10. Electronic Communication
You agree that communications relating to the contract may take place electronically.
11. Storage and Access to the Contract Text
You can archive these General Terms and Conditions and the other contractual provisions together with the details of your order during the ordering process by either downloading the General Terms and Conditions and saving the data summarised during the ordering process in the online shop using your browser functions, or by waiting for the automatic order receipt confirmation that we will also send to the e-mail address provided by you after completion of your order.
This order receipt confirmation contains the contractual provisions together with the details of your order and can be printed or saved using your e-mail program.
The contract text is stored by us but, for security reasons, cannot be accessed directly by you. However, after registration, we provide each customer with password-protected direct access under “My Account”. If you registered before making your purchase, you can manage your data there.
The customer undertakes to keep personal access details confidential and not to make them available to unauthorised third parties. The current version of the General Terms and Conditions can be found on our website.
12. Contracting Party, Language and Conclusion of the Contract
Your contracting party is Schnell Cosmetics Vertriebs GmbH. Contracts in our online shop can currently only be concluded in German and English. Our promotional offers are non-binding unless they become part of a contractual agreement.
Before submitting your order, you have the opportunity to check and correct the information you have entered. By submitting your order, you make a binding contractual declaration. Confirmation of receipt of the order is sent immediately after your order has been received without technical errors.
A binding contract is concluded when we accept your order. Acceptance takes place by means of a separate e-mail in which we will usually also inform you that the goods have been dispatched.
In the case of payment by credit card, the order receipt confirmation sent by e-mail already constitutes acceptance of the contract. In the case of advance payment, we accept your order when we request payment from you. In the case of payment via PayPal, acceptance takes place when you complete your order with the payment confirmation via the online payment service offered.
If the goods you ordered are delivered to you without you having previously received a separate declaration of acceptance, this shall also constitute acceptance of your order.
Otherwise, the confirmation of receipt does not constitute acceptance of your order but merely informs you that we have received your order. Subject to any statutory right of cancellation, the customer is bound by the order for a maximum of five days.
13. Validity of Prices
The prices stated on www.schnell-cosmetics.de are in euros. For orders placed through our online shop, the prices stated in the offer at the time the order is placed shall apply. The prices stated are total prices and include the applicable statutory German VAT.
Shipping costs are to be agreed depending on the order and delivery address. Shipping to other EU countries is only available by prior agreement, consultation and written quotation.
For deliveries outside the European Union, additional costs may arise upon import into a third country, in particular customs duties, customs fees and import VAT. These costs shall be borne by the customer.
14. Payments
We offer various payment methods. Depending on the outcome of a credit check, we reserve the right, when accepting the contract, to offer alternative payment methods instead of direct debit or purchase on account. There is no entitlement to payment by direct debit or purchase on account.
You can generally choose between the following payment methods:
Purchase on Account Subject to Sufficient Creditworthiness
For organisational reasons, purchase on account is available to new customers only from their second order onwards. All previous invoices must have been paid in full. The invoice amount is payable within eight days without deduction. The invoice is issued with the delivery.
PayPal
You pay the invoice amount via the online payment provider PayPal. As a rule, you must be registered with PayPal or register with the service, authenticate yourself using your login details and confirm the payment instruction to us. An offered guest checkout option may be exempt from this requirement.
Further information about the payment provider will be provided during the ordering process. Please note that we can only offer PayPal Plus to customers in Germany.
Payment in Advance by Bank Transfer
You will receive the bank transfer details after placing your order. We reserve the right to offer only certain payment methods for the requested delivery, for example to safeguard our credit risk in accordance with the respective creditworthiness.
In individual cases, we reserve the right to deliver the goods only after receipt of a deposit. After receiving the order, we will agree this with the customer.
15. Delivery
The goods you order are checked several times, securely packaged and delivered by post, for example by DHL or MBE, by other parcel delivery services or by us personally.
Where partial deliveries have been agreed, we will charge shipping costs only once. If the parcel delivery service is unable to find you at the delivery address, you will receive a notification informing you where to collect your consignment. Please observe the applicable storage period, which is generally no more than seven days.
We also deliver to DHL Packstations. Deliveries to PO boxes or poste restante addresses are not possible.
Delivery within Germany takes place after receipt of the order and, where applicable, after receipt of payment. Any differing delivery times will be indicated on the relevant product page. Delivery times may be extended for engraved items. We will inform you immediately of any delivery delays.
The delivery period shall be extended appropriately in the event of strikes, lockouts and other circumstances beyond our control, in particular delivery delays caused by force majeure. We will inform the purchaser immediately of the beginning and end of such impediments.
Our obligation to deliver may cease following a corresponding declaration of withdrawal by us if we ourselves are not supplied correctly or on time and we are not responsible for the lack of availability. If the goods are unavailable, we will inform you immediately. Any advance payment already made will be refunded without undue delay.
16. Data Protection and Credit Checks
Our data protection practices comply with the applicable statutory provisions. Details concerning the collection and use of your personal data can be found in our Privacy Policy. This also contains information about credit checks, as part of which values relating to the probability of payment default may be calculated and your address details may also be taken into account.
You may object at any time to the use, processing and transfer of your personal data for marketing purposes by sending an informal notification by post to Schnell Cosmetics Vertriebs GmbH or by e-mail to info@schnell-cosmetics.de.
This does not apply to data required to process your order. After receiving your objection, we will no longer use, process or transfer the relevant data for purposes other than processing your order.
17. Applicable Law and Place of Jurisdiction
All legal transactions and other legal relationships with us are governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions shall not apply, even where they have been incorporated into German law.
This choice of law does not deprive a customer who is habitually resident in a Member State of the European Union or in Switzerland of the protection afforded by mandatory provisions of the law of that state.
In business transactions with merchants and legal entities under public law, our registered office is agreed as the place of jurisdiction for all legal disputes relating to these General Terms and Conditions and the individual contracts concluded under them, including actions relating to bills of exchange and cheques.
In such cases, we are also entitled to bring proceedings at the customer’s registered office. Any exclusive place of jurisdiction shall remain unaffected by this provision.
18. Severability Clause
Should individual provisions of these General Terms and Conditions be wholly or partially invalid or subsequently lose their legal validity, this shall not affect the validity of the remaining provisions.
The invalid provisions shall be replaced by the applicable statutory provisions. The same applies where these General Terms and Conditions contain an unforeseen omission.
Your Supplier and Contracting Party
Schnell Cosmetics Vertriebs GmbH
Schloßstraße 16/2
71711 Steinheim an der Murr
Germany
Stuttgart Local Court
Commercial Register No.: HRB 799215
VAT ID No.: DE454619677
Managing Director: Andreas Schnell
Personally liable shareholders:
Corinna Stober
Telephone: +49 (0) 7148 1631217
E-mail: info@schnell-cosmetics.de