GENERAL TERMS AND CONDITIONS (GTC)


FOR ONLINE MERCHANDISE ORDERS BY CONSUMERS AS DEFINED BY SECTION 13 OF THE GERMAN CIVIL CODE - BGB 

Version: August 2015
 
Section 1 Scope
Section 2 Conclusion of contract
Section 3 Right of cancellation
Section 4 Terms and conditions of delivery/shipping costs
Section 5 Payment methods, due date, default, and retention of title
Section 6 Claims for defects in the goods delivered
Section 7 Liability
Section 8 Data protection / credit check
Section 9 Applicable law / miscellaneous

Section 1 Scope

Your online merchandise orders through our online shop on the website www.m2beaute.com are governed exclusively by the following General Terms and Conditions of Business (hereinafter “GTC”) of M2 Beauté Cosmetics GmbH, Anna-Schneider-Steig 4, 50678 Cologne, Federal Republic of Germany (Tel.: +49(0)221-9989150, Fax: +49(0)221-99891520, E-mail: service@m2beaute.com, hereinafter M2 Beauté) as currently amended at the time of your order. You agree with the validity of these GTCs when you register for the online shop or, at the latest, when you order merchandise through the online shop. You may download the General Terms and Conditions of Business to your computer or print them out. Any deviating terms on your part will apply only if they have been confirmed by us in writing.

Section 2 Conclusion of contract

The presentation of merchandise on our website does not represent a binding offer from M2 Beauté, but only an invitation to you to submit an offer. By placing an order, you are making a binding offer, which will be accepted by us if and as soon as we authorize acceptance of a contract in the form of a confirmation of order or imply acceptance of a contract by shipping the merchandise you have requested to the address you have provided. Your right to have the merchandise delivered arises only when your offer has been accepted. Should you not have received a confirmation of order or notification of delivery or any merchandise within five working days, you are no longer bound by your order.
 
You may not disclose to third parties the password required for placing an order or make it known to third parties in any other way. In the event of any fault on your part, you shall be held responsible for orders that are placed using your password, i.e. you must pay the purchase price for the merchandise ordered with your password.
 

Section 3 Right of cancellation

Cancellation policy

You have the right to cancel this contract within 14 days without stating a reason.
 
The cancellation period is 14 days from the date on which you or a third party appointed by you who is not the carrier have or has taken possession of the last merchandise.
 
In order to exercise your right to cancellation, you must inform us (M2 Beauté Cosmetics GmbH, c/o Scholz Versand Service, Sandforter Straße 143, 49085 Osnabrück, Germany, Tel. +49(0)221-9989150, Fax: +49(0)221-99891520, E-mail: service@m2beaute.com) by sending us a clear statement (e.g. a letter sent by post, a fax, or an e-mail) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose; use of the form is not compulsory, however. You may also complete and transmit electronically the sample cancellation form or another clear statement on our website at www.m2beaute.com. If you make use of this option, then we will transmit confirmation of the receipt of your cancellation to you immediately (e.g. by e-mail).
To observe the cancellation period, it is sufficient that you send us the notice that you are exercising the right of cancellation before the cancellation period has expired.

Consequence of cancellation

When you cancel this contract, we must pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that are incurred if you select a form of delivery other than the most favorable standard delivery offered by us) without delay and no later than within 14 days from the date on which we received the notice of your cancellation of this contract. To make this repayment, we will use the same payment method that you employed in the original transaction, unless otherwise expressly agreed with you; in no event will you be charged any fees related to this repayment. We may refuse to make the repayment until we have received the merchandise returned to us or until you have furnished proof that you have sent back the merchandise – whichever event is earlier.
 
You must send or return the merchandise to us immediately and in any case, no later than within 14 days from the date on which you inform us of the cancellation of this contract. The time limit is considered to have been met if you send the merchandise before the time limit of 14 days expires. You shall bear the direct costs of the return delivery. You must bear the responsibility for any loss in value of the merchandise only if this loss in value can be attributed to any handling of the merchandise that goes beyond the extent required to inspect its condition, properties and function.
 
We draw your attention to the fact that the right of cancellation does not extend to goods that are sealed and that are not suitable for return for reasons of health or hygiene if the seal has been removed after delivery.

End of the cancellation policy
 

Section 4 Terms and conditions of delivery/shipping costs

(1)    Delivery is made from our distribution center to the delivery address indicated in the order. If both the delivery address and the billing address are within the Federal Republic of Germany, we will provide free shipping for you. If the delivery address is located outside the territory of the Federal Republic of Germany, then the shipping costs will depend on which country the delivery is shipped to. An overview of which countries belong to which price group (shipping costs for A: EUR 17:00, B: EUR 27.00, C: EUR 30.00) is provided below.
 

Section 5 Payment methods, due date, default, and retention of title

 
(1)    We offer you a choice of the following payment methods:

a.    payment by payment provider Paypal,

b.    by credit card (MasterCard or VISA card).

(2)    The purchase price falls due for payment upon complete delivery and will be charged to your account on the next possible date (depending on the payment option selected).

(3) In the event of default, you are required to pay the statutory default interest in the amount of five percentage points above the base rate published by the European Central Bank at the time in question and the additional damage caused by delay – in particular, the additional costs for reminders and collection. You are entitled in any event, however, to furnish proof that no or less damage has been incurred.

(4) The delivered merchandise remains our property until payment has been made in full.
 

Section 6 Claims for defects in the goods delivered

(1) The product images on our website will not always correspond to the appearance of the delivered products. In particular, there may be variations in the appearance and features of the products. Defect claims do not exist in this respect if these involve minor deviations customary in the trade, do not represent any deterioration in value, and do not adversely affect the ability to use the products for the contractually defined purpose.

(2) If the goods are defective, we will arrange for subsequent performance within a reasonable time, i.e. either a replacement delivery or the rectification of the defect. If we are able to carry out the subsequent performance that you have selected only at disproportionate expense, then we are entitled to carry out the other subsequent performance. We shall bear the costs necessary for the subsequent performance. If we are unable to successfully carry out the subsequent performance, then you are entitled to assert the statutory claims at your discretion.

(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 costs for returning a defective product.

(5) Defect claims expire two years after the date of delivery of the goods.
 

SECTION 7 LIABILITY

 
(1)    M2 BEAUTÉ shall be liable without limitation

  •       - in the event of willful intent or gross negligence,
  •       - for injury to life, limb or health,
  •       - pursuant to the regulations of the Produkthaftungsgesetz (German Product Liability Act), and
  •       - in the scope of any guarantee undertaken by M2 Beauté.

 

(2)    Without prejudice to the regulation in clause 7.1, M2 Beauté shall be liable in the event of simple negligence only when a material contractual obligation is breached – that is, a breach of obligations, the fulfillment of which is necessary for the proper execution of the contract and where you may normally be confident that they will be complied with (“material obligations”). In the event of a breach of a material obligation as a result of ordinary negligence, the liability of M2 Beauté is limited to the typical damages and/or a typical scope of damage that were or was foreseeable at the time the contract was entered into. All instructions on the packaging and in package inserts must be followed. M2 Beauté does not assume any liability for any use and/or handling deviating from these instructions.
 
(3)    The above limitations of liability shall also apply in the event of any fault of a performing agent of M2 Beauté as well as for the personal liability of the employees and representatives of M2 Beauté.
 

Section 8 Data protection

 
Information on how we handle personal data may be found in our privacy policy.
 

Section 9 Applicable law / miscellaneous

(1) The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(2) We reserve the right to amend these General Terms and Conditions of Business at any time to take effect in the future. The version as currently amended and relevant for the specific order may be downloaded and printed out from www.m2beaute.com.

Version: August 2015