Όροι παροχής υπηρεσιών

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Beauty Rebel Ltd. (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these 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.

1.4 If the Customer is based in Switzerland or Liechtenstein and uses a billing and delivery address provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following terms apply with the proviso that MeinEinkauf, instead of the Seller, becomes the Customer's contractual partner. In this case, the Seller acts merely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. In this case, MeinEinkauf is responsible for the processing of the contract. The Seller handles the correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any irregularities in performance, in particular when the Customer asserts claims for defects.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online ordering process, the Customer simultaneously issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted the order. The Seller does not make the text of the contract accessible beyond this.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct its entries during the electronic ordering process using the usual keyboard and mouse functions until it clicks the button that concludes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing generally takes place automatically by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also be incurred if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes advance performance to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and returns of withdrawal, or credit notes.

4.5 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify itself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information on the payment method "Sofortüberweisung" can be found on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Google Pay is available on the Internet at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered via the payment service "Ratepay" is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment is processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to which the Seller assigns its claim against the Customer. Which Ratepay payment methods the Seller offers in detail is communicated to the Customer on the Seller's website. The Customer can only make payment with debt-discharging effect to Ratepay. However, the Seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations and returns of withdrawal, or credit notes). In all other respects, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.10 If a payment method offered via the payment service "Stripe" is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Stripe is available on the Internet at https://stripe.com/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outward shipment if the Customer effectively exercises its right of withdrawal. For the return costs, if the Customer effectively exercises the right of withdrawal, the provision made in this regard in the Seller's cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the Customer upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on its statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers which are issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.4 Several Promotional Vouchers may also be redeemed for one order.

8.5 If the Promotional Voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of its statutory right of withdrawal.

8.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

9) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.