GENERAL TERMS AND CONDITIONS OF BUSINESS

General terms and conditions (T&C) for online goods ordered by end consumers

As at: June 21, 2009

§ 1 Scope
§ 2 Contract conclusion
§ 3 Right to cancel and right of return
§ 4 Delivery
§ 5 Payment means, payment date, default and reservation of title
§ 6 Claims based on defects
§ 7 Compensation for damages
§ 8 Privacy policy/credit check
§ 9 Miscellaneous 

§ 1 Scope

Unless this detracts from further-reaching consumer protection afforded to you at your place of residence in Europe, online orders from our M2Beauté site are governed exclusively by the following General Terms and Conditions of Business of M2Beauté Cosmetics GmbH, Mühlengasse 1, 50667 Cologne, Germany (telephone: + 49 (0) 221 925 2307, e-mail: service@m2beaute.com), in the version applicable at the time of the order. You can download and print out the text of these T&C. Deviating regulations shall only apply if they have been confirmed by us in writing.

§ 2 Contract conclusion

The details we provide on the goods and prices within the order process are subject to change without notice and are not binding. Your order represents a binding offer to us; this offer is accepted by us if and as soon as we confirm dispatch of the offer. In particular, we shall be entitled up until this time to refrain from supplying the offered goods if they are unavailable. The undertaking to supply the goods only takes effect upon acceptance of the offer.

You may not disclose the password required to make an order to any third party. If you do so, you shall be liable for any orders made by that third party. You are obliged to pay for any orders made with your password and for any resultant liabilities.

§ 3 Right to cancel and right of return

(1) You are entitled to cancel your order and to return the goods (§ 312d in conjunction with §§ 355, 357 BGB (German Civil Code)). Accordingly, you may cancel your contractual declaration within one month, without providing a reason, in text form, e.g. letter, fax, e-mail, by returning the goods. The term starts with receipt of this instruction in text form. The timely dispatch of the cancellation or the goods shall suffice for compliance with the cancellation deadline. The cancellation shall be addressed to:

M2Beauté Cosmetics GmbH
c/o Scholz Versand Service
Sandforter Straße 143
D-49085 Osnabrück

In the event of an effective cancellation, the benefits received by both parties are to be returned. If you cannot return the received goods to us in full or part, or only in inferior condition, you must pay us compensation where applicable. In the case of physical goods, this does not apply if the deterioration of the item is due exclusively to its being handled or examined - as it might be in a shop for example. Moreover, you can avoid the obligation to pay compensation for deterioration caused by the proper use of the item by not using it as if it were your own property and refraining from doing anything that would reduce the value. Our container is protected by a transparent pouch which is sealed. Breaking the seal will leave visible traces. If the pouch is destroyed or the seal is broken, the goods are deemed to be used and the right to return is forfeited. The goods shall be returned at our expense and risk. Please ensure that you pay sufficient postage for your package as we cannot accept unpaid packages. Obligations to reimburse payments must be fulfilled within 30 days. The term starts for you with the dispatch of the declaration of cancellation; for us it starts with receipt of same.

(2) Keep the shipping document as proof, as you may have to prove that you have dispatched the items to be returned.

(3) We shall bear the costs of return in the event of a cancellation or return in accordance with the above paragraph (1).

§ 4 Delivery

(1) The delivery will be made from our distribution warehouse to the address specified by you. Orders with a value of € 150.00 and above will be delivered free of charge within Germany. If the goods value of an order is less than this, we shall charge € 2.52 plus VAT for postage. If the delivery address is outside Germany, we charge € 17.50 plus VAT for postage.

(2) We shall be entitled to make partial deliveries to the address specified by you when the order is placed, where this is reasonable for you upon proper consideration of both our and your interests. In the case of partial deliveries, we shall naturally bear the resultant additional postal charges. The dispatch of partial deliveries shall be at our own risk. As each partial delivery is received, the risk for the delivered items passes to you. If we are in default with outstanding partial obligations or are unable to fulfill outstanding partial obligations, you shall be entitled to withdraw from the contract in full or to demand compensation for non-fulfillment of the entire obligation if the partial delivery is no longer of interest to you.

§ 5 Payment means, payment date, default and reservation of title

(1) Depending on the value of your order, the balance on your customer account with m2beaute.com and the result of the credit check detailed in § 8, you will be offered a choice of payment options:

a. payment on account or cash on delivery (COD), if the specified billing address is the same as the delivery address,
b. payment by credit card (Mastercard or Visa).

Please note that only the credit card option is available to billing and/or delivery addresses outside Germany.

(2) The purchase price is due upon complete delivery and will be charged to your account (depending on the chosen payment option) on the next possible date. When buying on account, the purchase price must be paid no later than 7 days after delivery to the account specified in the invoice.

(3) When buying on account, if the invoice amount to be paid is not credited to our account on time, you are automatically deemed to be in default. Without further reminder, you are then also obliged to pay the statutory default interest in the amount of five percentage points above the relevant published key interest rate of the European Central Bank and also the damages for default, in particular the additional reminder and collection costs. However, in all cases, you shall still be entitled to prove that no damage or less damage was incurred.

The same applies if the invoice amount is to be settled by credit card (Mastercard or Visa), but is rejected by the custodian institute or is not settled within 30 days of the invoice date.

(4) The delivered goods remain our property until paid for in full.

(5) In the case of purchases on account, we charge an additional handling fee of € 5.50 plus VAT. This charge is included in your M2Beauté invoice.

(6) In the case of dispatch by COD, the invoice amount is due on delivery. This includes the COD fee of € 3.60 plus VAT. Furthermore, a carriage fee applies which is charged additionally by the relevant delivery service and is automatically retained. This carriage fee is not included in your M2Beauté invoice. The relevant applicable amounts are detailed in your order summary before the order is finalized.

§ 6 Claims based on defects

(1) The product images may not always correspond with the actual appearance of the delivered products. Specifically, changes may occur in the appearance and equipment of products. Claims based on defects shall not apply where changes are reasonably acceptable for the customer.

(2) In the event of defective goods, we will ensure subsequent fulfillment in an appropriate time frame, i.e. either through replacement delivery or elimination of the defects. If the subsequent fulfillment chosen by you is not possible without unreasonable expense, we shall be entitled to opt for the other form of subsequent fulfillment. We shall bear the cost of same. If we do not succeed in performing subsequent fulfillment, you can at your discretion cancel the purchase or accept a reduction in the purchase price.

(3) Defective goods must be returned to us unless you have opted for a reduction in the purchase price.

(4) We shall bear the costs of returning defective goods.

§ 7 Compensation for damages

(1) Compensation for damages due to an infringement of the contractual relationship must be paid in accordance with the statutory provisions. The same applies for damage compensation based on the German Product Liability Act. All information provided on the packaging and package inserts must be observed. We cannot accept liability for any deviating application and/or handling.

§ 8 Privacy policy/credit check

The data required for transaction processing is saved. Naturally all personal data will be treated confidentially. We only share your personal details with those companies that process data on behalf of M2Beauté and those that handle dispatch. Your data is not shared with companies that have their registered offices outside of the EU. Information on your previous payment behavior is obtained from Domnowski Inkasso GmbH, Am Pulverschoppen 17, 59071 Hamm, Germany.

§ 9 Miscellaneous

(1) German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) Complaints may be directed to the address provided in § 1.