Terms and Conditions
General terms and conditions with customer information
As of November 15, 2021
Table of Contents
Scope of the GTC
Ordering process and conclusion of contract
Contract text and contract language
Information on prices and shipping costs
Payment methods and terms of payment
retention of title
Delivery, availability of goods
Sale of vouchers
promotional vouchers
Right of withdrawal
Warranty and liability
Arbitration and consumer dispute resolution
1. Scope of the General terms and conditions
For the business relationship between DICOSMETICS, Jetulla Isma, Leopoldstraße 2-8, 32051 Herford (hereinafter referred to as "Seller") and the purchaser of the Seller's products and services (hereinafter referred to as "Products" or "Goods"), referred to below as "Buyer". ) the following general terms and conditions apply exclusively (hereinafter referred to as “GTC”).
Deviating conditions of the customer are not recognized, not even if the seller renders his service without objection, unless the seller expressly agrees to the validity of the customer's deviating conditions.
"Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their self-employed professional activity.
"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Ordering process and conclusion of contract
The presentation of the products in the shop, on websites and in digitally printed brochures or catalogs or comparable product presentations by the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.
The customer can choose from the products offered to the customer in the seller's range and collect these in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the ordering process.
The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins when the customer completes the ordering process (in the shop or, if used and named, on the platform used or by means of other communication channels) and ends at the end of the last day. The seller can accept the customer's offer by explicitly accepting the contract, also by e-mail. The acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer.
By clicking on the button that concludes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping cart.
Customers are asked to carefully read and observe the instructions during the ordering process and, if necessary, to use the existing support functions of their software and hardware (e.g. enlargement or read-aloud functions). Required information is marked by the seller as such for the customer to be appropriately recognizable (e.g. by optical highlighting and/or asterisks). Until the order is sent, customers can change and view the product selection and their entries at any time, go back to the shopping cart or cancel the order process altogether. To do this, customers can use the usual functions of their software and/or end device that are available to them (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to Seller if necessary for Seller's performance of the contract. In particular, the customer must ensure that the e-mail and delivery addresses provided are correct and that any prevention of receipt for which the customer is responsible is taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. Contract Text and Contract Language
The seller saves the text of the contract and makes it available to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.
If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
The contract language is German, contracts can be concluded in this language.
4. Information on prices and shipping costs
Unless otherwise stated, all prices are total prices including the applicable statutory sales tax (VAT).
The delivery and shipping fees incurred in addition to the sales price will be communicated or linked to the customer in the respective product description and before the order is completed.
5. Payment Methods and Terms of Payment
Unless otherwise agreed, payments are to be made without deductions, cash discounts or other discounts.
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service provider also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This in particular because the provision of payment methods or the payment process can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification processes, etc.).
The customer ensures that he fulfills the conditions incumbent on him that are necessary for successful payment using the selected payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions.
If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed about the transfer in good time (so-called "pre-notification").
The following payment methods are available to customers:
Payment in advance - If payment in advance by means of a bank transfer has been agreed, the payment amount is due upon conclusion of the contract, subject to an express agreement to the contrary. The seller informs the customer of his bank details. The delivery will take place after the payment. If the advance payment is not received by the seller by a period of calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences.
Credit card payment - When placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after completing the order and after the customer has been authorized as the legitimate cardholder.
Klarna - The payment is made via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") using the Klarna payment method provided or selected by the customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com/de/ and are communicated to the customer during the payment process.
Klarna PayNow credit card - The customer must identify themselves as the legitimate cardholder to carry out the payment before the payment transaction is carried out and the customer's account is automatically debited.
Klarna PayNow credit card - The customer must identify themselves as the legitimate cardholder to carry out the payment before the payment transaction is carried out and the customer's account is automatically debited.
Klarna PayNow direct debit - The customer gives Klarna a SEPA direct debit mandate. With the granting of the SEPA direct debit mandate, Klarna is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification").
Klarna invoice - Prerequisite is a successful check of the address and the customer's creditworthiness by Klarna. When purchasing on account, the customer receives the goods first. The term of payment is 14 days, unless otherwise agreed during the payment process. The seller assigns his payment claim to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions.
Klarna SofortĂĽberweisung (Sofort) - The payment is made using online banking data by the provider Sofort GmbH immediately after the order is placed in accordance with the Klarna SofortĂĽberweisung conditions (which the customer is also informed of during the ordering process). Further information: https://www.klarna.com/sofort/.
PayPal - Payment is made via the payment service provider PayPal (Europe) S.Ă r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the customer. Customers are forwarded directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
PayPal Express - The customer pays the amount owed using the PayPal transaction process.
PayPal Plus (PayPal) - The customer must have a PayPal account and uses the PayPal transaction process to pay the amount owed.
PayPal Plus (direct debit) - The customer can pay using PayPal's direct debit procedure even if he does not have a PayPal account. The customer gives PayPal a SEPA direct debit mandate. With the granting of the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date of the debiting of the bank account (referred to as "Pre-Notification").
PayPal Plus (credit card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The customer must identify themselves as the legitimate cardholder in order to carry out the payment before the payment transaction is carried out and the customer's account is automatically debited.
PayPal Plus (purchase on account) - The customer can also make a purchase on account via PayPal if he does not have a PayPal account. Prerequisite is a successful check of the address and the creditworthiness of the customer by Paypal. The seller assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected or specified payment term of PayPal. PayPal's terms of use apply to purchases on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
6. Retention of Title
If the seller pays in advance, the delivered products remain the property of the seller until full payment has been made.
7. Delivery, Availability of Goods
The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
If a payment service provider is used with whom a delivery address is stored and through the use of the means of payment by the customer the seller is informed of this delivery address as decisive for the ordered delivery, the goods will be delivered to the different delivery address.
If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
8. Sale of Vouchers
These terms and conditions apply accordingly to the sale of vouchers that embody material or monetary values.
The ordered vouchers will be sent to the customer at the specified email address.
The ordered vouchers will be sent to the customer by post to the delivery address provided.
promotional vouchers
"Promotional vouchers" are understood to be vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). On the other hand, promotional vouchers do not represent vouchers that embody a specific monetary or material value and are purchased by the customer as a product.
Promotional vouchers can only be taken into account under the communicated conditions, taking into account restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.
Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.
Promotional vouchers issued by the seller may only be redeemed with the seller.
Unless otherwise stated, promotional vouchers can only be redeemed before completing the ordering process.
If an amount remains to be paid after a promotional voucher has been redeemed, it can be paid using the payment options offered by the seller.
If a campaign voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods without the remaining amount being paid out.
9. Return policy
The information on the right of withdrawal for consumers can be found in the seller's instructions on withdrawal.
The right of withdrawal does not apply to consumers who have their place of residence, habitual residence or delivery address outside of a member state of the European Union (EU) or the European Economic Area (EEA) at the time the contract is concluded and delivery and do not belong to any of these member states.
10. Warranty and Liability
The warranty (liability for defects) is determined subject to the following provisions according to statutory provisions.
The seller is not responsible for the customer's internet connection, the software and hardware used by the customer or any disruptions to the establishment or execution of the contract between the customer and the seller caused by them.
The seller is liable without limitation for damages if the cause of the damage is based on intent or gross negligence. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies (cardinal obligations) or in case of agreed guarantee promises. In this case, however, the seller is only liable for the foreseeable, contract-typical and expected damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability regulations also apply to claims for damages by the customer within the framework of the seller's statutory warranty.
11. Dispute Resolution and Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Created with the data protection generator.de by Dr. Thomas Schwenke