TERMS OF SERVICE
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or additional general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT
The purchase contract is concluded with DivineofBeauty.
By placing the products in the online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language available for the conclusion of the contract is German.
We save the contract text and send you the order details and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible over the Internet.
4. TERMS OF DELIVERY
In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
In principle, you have the option of collection from DivineofBeauty, Bochumer Straße 227, 45661 Recklinghausen, Germany at the following business hours: by arrangement
The following payment methods are generally available in our shop:
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
CASH ON PICKUP
You pay the invoice amount in cash upon collection.
6. RIGHT OF WITHDRAWAL
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
8. WARRANTIES AND GUARANTEES
Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. Used goods are sold to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by removing the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
essential • in violation of contractual obligations the fulfillment of which makes the proper execution of the contract and may rely on their compliance with the contractor (cardinal obligations)
• as part of a warranty promise, if agreed upon
• if the scope of Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• if the scope of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here .
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
AGB created with the Trusted Shops legal writer in cooperation with Wilde Beuger Solmecke Rechtsanwälte .