GTC – General Terms and Conditions
General Terms and Conditions (GTC) for online orders of goods by end consumers
Version: June 21, 2009
§1 Scope, §2 Entry into agreement, §3 Right of cancellation and return, §4 Delivery, §5 Payment method, due date, default and retention of title, §6 Defect claims, §7 Damages, §8 Data protection / credit check, §9 Miscellaneous
§1 Scope
To the extent you are not thereby deprived of more comprehensive consumer protection at your domicile in Europe, the version of the following General Terms and Conditions of M2Beauté Cosmetics GmbH, Mühlengasse 1, 50667 Cologne, Germany (telephone: 0221/925 2307; e-mail: service@m2beaute.com) prevailing at the time of your order applies exclusively to your online order of goods through our M2Beauté homepage. You may download the text on your computer or print it out. Any arrangements deviating from these terms and conditions are effective only if we have confirmed them in writing.
§2 Entry into agreement
Our statements on goods and prices during the ordering process are subject to confirmation and are nonbinding. In placing an order you are making a binding offer; this offer is accepted by us to the extent and as soon as we confirm shipping of the products. Up to this point, we expressly have the right to refrain from delivering the offered goods if they are unavailable. A right to delivery of the offered goods originates only upon acceptance of the offer.
You may not share the password required for ordering with third parties. In the event it is passed on, you are also responsible for orders by the third party. You are accountable for any orders made with your password and the charges resulting therefrom.
§3 Right of cancellation and return
(1) You have a right of cancellation and return (§312d in conjunction with §355 and §357 of the German Civil Code (BGB—Bürgerliches Gesetzbuch). Accordingly, you may rescind your contract acceptance in text form (e.g. letter, fax, e-mail) within one month without stating reasons or by returning the goods. The period begins upon receipt of these instructions in text form. Timely dispatch of the notice of cancellation or of the goods is sufficient to preserve the cancellation period. The notice of cancellation should be addressed to:
M2Beauté Cosmetics GmbH
c/o Scholz Versand Service
Sandforter Straße 143
49085 Osnabrück
In the event of an effective cancellation, goods and services received by the respective parties are to be returned. If you are entirely or partially unable to return the goods received, or only in deteriorated condition, you must compensate us to that extent. This shall not apply to the surrender of goods if the deterioration of the article can be attributed exclusively to trying it out–just as might have been possible for you in a store. Apart from that, you can avoid the obligation to pay compensation for deterioration of the article which arises through proper use by not using the article as your own property and refraining from doing anything that diminishes its value. Our container is protected by a transparent bag sealed in such a way that opening the top leaves visible traces. In case the bag is destroyed or the top opened, the goods are considered to be used and the right of return forfeited. The article is to be returned at our expense and risk. Please be sure you send it with adequate postage, as we strictly cannot accept unstamped packages. Obligations to reimburse payments must be satisfied within 30 days. The time period begins for you upon sending your notice of cancellation or the article. For us, it begins upon their receipt.
(2) Retain the shipping receipt as proof because you may need to provide proof of return.
(3) We bear the cost of return in the event of a cancellation or return under above subparagraph (1)
§4 Delivery
(1) Delivery takes place from our distribution center to the delivery address you supply. We provide free shipping for goods valued at €150.00 or more. If the value of an order is less than this amount we charge €2.52, plus value-added tax, as the shipping cost.
(2) We are entitled to make partial shipments to the address given when placing the order to the extent this is reasonable in weighing our respective interests. For partial shipments, we naturally bear the additional shipping costs incurred thereby. Partial shipments are shipped at our risk. Upon receipt of each partial shipment, the risk for the shipped article passes to you. If our pending partial performances are delayed or not possible for us you are entitled, at any time, to cancel the entire agreement or to demand compensation for non-satisfaction of the entire obligation when you have no interest in the partial shipment .
§5 Payment method, due date, default and retention of title
(1) You are invited to select from the following payment options depending on the amount of your order, your customer account balance at m2beaute.com, and the outcome of the credit check identified in §8:
a. Purchase on invoice or by C.O.D. if the invoice address is also identical with the delivery address; b. By credit card (MasterCard or VISA).
Please note that only payment by credit card is possible for invoice and/or delivery addresses outside of Germany.
(2) The purchase price shall be due upon complete delivery and your account charged on the next possible date (each according to the payment option selected). For purchases made on invoice the purchase price shall be paid to the account indicated on the invoice no later than seven days after delivery.
(3) You are automatically in default if for a purchase on invoice the amount of the invoice is not credited to our account on time. You are also obligated without further warning to pay statutory default interest in the amount of five percentage points over the prevailing base rate of the European Central Bank and the additional loss caused by delay, particularly the additional reminder notice and collection cost. You are in any event entitled to demonstrate that either no or only minor loss has been incurred.
The same applies in the case where the invoice amount was to have been paid by credit card (MasterCard or VISA), was rejected by the institution where the account is held or is not settled within 30 days after the date of the invoice.
(4) The delivered goods remain our property until paid in full.
(5) For purchase on invoice, we charge an additional processing fee of €5.50, plus VAT. This charge is a part of your M2Beauté invoice.
(6) For shipping by C.O.D., the invoice amount is due upon delivery. Included therein is the C.O.D. charge of €3.60, plus VAT. In addition, a delivery fee is incurred which is also charged and automatically retained by the respective delivery service. This delivery charge is not a part of your M2Beauté invoice. Before placing the order, you are able to see the current amounts in your order summary.
§6 Defect claims
(1) The product images do not always need to conform to the appearance of the delivered products. There may be changes in the appearance and packaging of the products. Defect claims do not exist if the changes are reasonable for the customer.
(2) If the article is defective, we will provide a remedy within a reasonable time frame, i.e. either through replacement or correction of the defect. If the remedy you select is only possible with inordinate expense we are entitled to remedy the defect in another form. We shall bear the costs necessary to effect the remedy. If we are unable to remedy the defect, you have the option of cancelling the purchase or reducing the purchase price.
(3) Defective goods are to be returned to us unless you have opted for a reduction of the purchase price.
(4) We will bear the cost of returning a defective product.
§7 Damages
(1) Damages due to breach of an obligation arising from the contractual relationship are to be compensated in accordance with statutory requirements. The same applies to damages claims based on product liability laws. All instructions on the packaging and package inserts shall be followed. No liability is assumed for use and/or handling which deviate therefrom.
§8 Data protection / credit check
The data necessary for processing the transaction are stored. Naturally, all personal data is treated confidentially. We only share your personal information with companies which process data and handle shipping on behalf of M2Beauté. We do not share your data with companies headquartered outside the EU. We obtain information on your previous payment performance from Domnowski Inkasso GmbH, Am Pulverschoppen 17, 59071 Hamm.
§ 9 Miscellaneous
(1) German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Complaints may be made at the address identified in §1.
