TERMS AND CONDITIONS
§ 1 Validity, definitions of terms
(1) Vegas Cosmetics Beauty Team, Rebecca Schmidt, Badener Straße. 207, 74074 Heilbronn, Germany (hereinafter referred to as “we” or “Vivi Schmidt – Vegas Cosmetics Beauty Team”) operates an online shop for goods on the https://vivischmidt.de website. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online shop at https://vivischmidt.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order takes place in the following steps:
- Selection of the desired goods
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar)
- Check the information in the shopping cart
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar)
- Entry/checking of address and contact data, selection of payment method, confirmation of GTC and revocation instructions
- Complete the order by clicking the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In case of the contract conclusion the contract comes with Vegas Cosmetics Beauty Team, Rebecca Schmidt, Badener Straße. 207, 74074 Heilbronn, Germany.
(5) Before the order the contract data can be printed out over the pressure function of the Browsers or be saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation instruction, is carried out by e-mail after the order is placed by you, partly automated. We do not store the contract text after contract conclusion.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by prematurely cancelling the order process, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential features of the products
(1) Our online shop is subject of the contract:
The sale of goods. You can take the concrete offered goods from our article sides.
(2) The essential characteristics of the goods can be found in the article description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sub-license.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown to be free of shipping costs. The shipping costs will be clearly stated on the offers, in the shopping cart system and on the order overview.
(4) All offered products are ready for dispatch immediately (delivery time: 3 – 5 days after receipt of payment), unless clearly stated otherwise in the product description.
(5) The following delivery area restrictions apply: The delivery takes place in all countries of the EU incl. Switzerland.
(6) By clicking the button “buy now” you place a binding order for the items in the shopping cart. We will confirm the receipt of your order immediately by email after sending the order. A binding contract is concluded upon receipt of the order confirmation. Please note that the delivery of the ordered goods takes place with prepayment (reservation), as soon as the payment of the complete purchase price as well as possible forwarding expenses is received with us. Therefore we ask you to transfer the purchase price immediately after receipt of the order confirmation, at the latest however within 7 days.
(7) You agree to receive invoices and credit notes exclusively in electronic form.
(8) We do not assume any liability for an incorrect entry of your shipping address. If our partner shipping company returns goods to us due to a wrong/incorrect entry of the shipping address, you are obliged to bear any shipping costs incurred again. After receipt of these forwarding expenses the commodity is dispatched again.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer you have a right of withdrawal. This depends on our revocation instruction.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort shall be limited to intent or gross negligence.
(2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and whose observance you may regularly rely on. This includes in particular our obligation to take action and to perform the contractually owed service, which is described in § 3.
§ 8 Contract language
Only German is available as the contract language.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to entrepreneurs is 12 months.
(3) As a consumer, you are requested to immediately check the items/the digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final clauses
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) 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 registered office of the provider.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.