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General terms and conditions

General terms and conditions

in the context of purchase contracts concluded via the platform (www.nuicosmetics.com)

between

SAVUE GmbH (NUI COSMETICS is a trademark of this company), Danziger Str. 6, 10435 Berlin, Germany, registered in the commercial register of the district court of Charlottenburg (Berlin) under the number HRB 175021 B, telephone: +49 30 403637630, e-mail: [email protected]represented by the managing director Ms. Swantje van Uehm, ibid., sales tax identification number: DE305087777 - hereinafter referred to as "provider"

 

and

the customers designated in § 2 of these GTC - hereinafter referred to as "Customers" -.

be closed.

 

At the same time, the following GTC contain legal information on your rights under the regulations on contracts in distance selling and electronic commerce.

 

1. scope, form and terms

1.1 For the business relationship between the webshop provider (hereinafter "Provider" - details are above) and the customer (hereinafter "Customer" - details above) which are concluded via the online shop www.nuicosmetics.com the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

1.2 Our GTC apply exclusively. Deviating terms and conditions of the purchaser or customer shall not be recognised and these GTC shall also apply if the supplier carries out the delivery to the purchaser without reservation in the knowledge that the purchaser's terms and conditions conflict with or deviate from these GTC, unless the supplier expressly agrees to their validity in writing.

1.3 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

1.4 Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

1.5 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. by e-mail at [email protected].

 

2 Conclusion of contract, ordering process

2.1 The customer can select products, in particular cosmetic products, from the provider's range and place them in the shopping cart by clicking on the "put them into the shopping cart"in a so-called shopping basket. By clicking on the button "pay now", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By submitting the request, the customer agrees to these contractual terms. The presentations of the products in the provider's web shop are only to be understood as so-called invitations to submit enquiries by the customer (so-called invitatio ad offerendum) and not as binding offers by the provider.

2.2 The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.

2.3 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers are also informed about the available payment methods on a separate information page (https://nuicosmetics.com/pages/zahlungsweisen) in addition to section 6 of these GTC. If third-party providers are commissioned with the payment processing, e.g. Paypal or Klarna, their General Terms and Conditions shall apply.

2.4 The contract shall be concluded in German.

2.5 The following conditions apply to all promotions (e.g. voucher codes with price reductions, prize promotions): There is no cash payment, the defined discount on the order value applies to the respective promotion, only one voucher per customer is valid per promotion, each promotion ends at the defined time, the test kit is excluded, the offer is valid while stocks last and participation is only possible with a valid voucher code.

2.6 Every customer who registers for our newsletter will receive a one-time 15% discount on an order if they use the voucher code that is automatically sent by email. A cash payment is excluded. The voucher is not transferable. The test kit is excluded from the promotion.

 

3. delivery, availability of goods

3.1 Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 8 working days.

3.2 If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

3.3 If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

3.4 The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, EU Member States, Switzerland.

3.5 In the case of delivery by DHL, a deposit location or desired location can be specified. This can be done for individual shipments or by general deposit with DHL. Liability is excluded for loss of or damage to shipments after they have been deposited at the deposit location or desired location in accordance with the order or after they have been handed over to the neighbor as part of the receipt option.

4. retention of title

Until full payment has been made, the delivered goods remain the property of the supplier.

 

5. prices and shipping costs

5.1 All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of EUR 65.00 (DE) and EUR 89.00 (EU) the supplier delivers to the customer free of shipping costs.

5.3 The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.

5.4 In the event of a revocation, the customer shall bear the direct costs of the return shipment.

 

6. payment modalities

6.1 The customer can pay via Shop Pay, Paypal, Amazon Pay, Shopify Pay, Google Pay, Apple Pay, credit card (Visa, Amex, Maestro, Master Card) and Sofortüberweisung. make.

6.2 The customer can change the payment method stored in his user account at any time.

6.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base rate. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

 

7 Warranty for material defects, guarantee

7.1 The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

7.2 An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

 

8. liability

8.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

8.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages arise from injury to life, body or health.

8.3 The restrictions of sections 8.1 and 8.2 of these GTC also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

 

9. cancellation policy

9.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the Provider informs them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph 9.2. Paragraph 9.4 contains a model withdrawal form.

 

Cancellation policy:

You have the right to cancel this contract within fourteen days without giving any reason.


The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us (SAVUE GmbH, Danziger Str. 6, 10435 Berlin, [email protected], +49 30 40363763 0) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

 

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

 

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return the goods immediately and in any event no later than fourteen days from the date on which you inform us of the revocation of this contract to (SAVUE GmbH, Danziger Str. 6, 10435 Berlin , [email protected]+49 30 40363763 0) to us or to [insert the name and address of the person authorized by you to receive the goods]. The deadline is met if you send the goods before the period of fourteen days has expired.

 

You must return or hand over the goods to SAVUE GmbH, Danziger Str. 6, 10435 Berlin, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

 

You only have to pay for any loss in value of the goods if this loss in value is due to an examination of the condition, properties and functioning of the goods to an extent not necessary for them.

 

End of the cancellation policy

 

9.2 The right of withdrawal does not apply in particular to the following contracts. Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery (§ 312g para. 2 no. 3 BGB). The statutory provisions shall also apply in all other respects.

9.3 The services described in this clause 9.3 of these GTC ("Returns") are not a prerequisite for the effective exercise of the right of withdrawal. Customers are requested to report the return to the seller at SAVUE GmbH, Danziger Str. 6, 10435 Berlin, or by e-mail to: [email protected]to announce the return. In this way, they enable the seller to allocate the products as quickly as possible. Customers are also requested to send the goods back to the seller as a prepaid parcel and to keep the proof of posting. Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the buyer's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to inadequate packaging.

9.4 If you wish to cancel the contract, please complete and return this form.

 

To

SAVUE GmbH

Danziger Str. 6

10435 Berlin

[email protected]

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

Ordered on (*)/received on (*):

 

______________________________________________________________________

Name of the consumer(s):

 

_______________________________________________________________________

Address of the consumer(s):

 

_______________________________________________________________________

_______________________________________________________________________

Signature of the consumer(s) (only in the case of notification on paper):

 

_______________________________________________________________________

Date:

_______________________________________________________________________

------------
(*) Delete as applicable.

 

 

 

10 Alternative Dispute Resolution, Final Provisions

10.1 The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order first, without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ accessible.

We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

You can also reach us by e-mail at [email protected].

10.2 The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

10.3 Should any provision of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The same shall apply if and to the extent that a loophole should become apparent in this contract. In place of the invalid or unenforceable provision or in order to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to or corresponds to what the contracting parties intended economically or would have intended according to the sense and purpose of this contract, if they had considered this point. This shall also apply if the invalidity of a provision is based, for example, on a scope of performance or time (period or date) provided for in this contract; in such cases, a legally permissible measure of performance or time (period or date) which comes as close as possible to what was intended in economic terms shall replace what was agreed.