General Terms and Conditions of the DAYTOX shop
- Contracting party and validity of the Terms and Conditions of the DAYTOX shop: We are L.A.B. COSMETICS GmbH &. Co. KG, represented by L.A.B. Cosmetics Verwaltungsgesellschaft mbH, Friesenweg 4, Haus 14, 22763 Hamburg, Germany, managing director: Slobodan Vucinic, Karin Hock-Vucinic, phone: +49 - 40 - 386 29 100, fax: +49 - 40 - 386 29 109, e-mail: email@example.com (hereinafter „“L.A.B.“”). L.A.B. operates the DAYTOX shop at www.daytox.de. All purchases in the DAYTOX shop are exclusively subject to these General Terms and Conditions. No other terms and conditions shall apply.
- Contract languages: Contract language is English.
- Conclusion of contract: By ordering the goods by clicking the button "Buy now" you submit a binding offer for the purchase of the goods in the shopping cart. We will promptly inform you about the receipt of your order by e-mail and our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will also send you the payment information in the same e-mail and assign an order number to your order, it will help us if you can tell us the order number whenever you contact us about your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images. The packaging of the goods may vary from that shown in images on our website.
- Delivery area and delivery date: L.A.B. sends all deliveries with the dispatch service provider DHL. The cost of delivery will be displayed on our website. We will deliver the goods to you as soon as reasonably possible and in any event within 10 days after the day on which we accept your order. Further information, including information about other delivery areas and the delivery dates and shipping costs can be foundhere.
- Delivery delays: If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, DHL may leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you do not collect the goods from DHL as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our and/or DHL’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
- Your legal rights if we deliver goods late: You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under this clause 6 , you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. If you do choose to treat the contract as at an end for late delivery this under 6 , you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting). We will pay the costs of postage or collection. Please contact us for a return label.
- Prices and invoice: The prices of L.A.B. are stated in Euro and include the legal value added tax (VAT) payable in the UK. By entering your e-mail address as part of your order or when creating your customer account, you agree that we will send you our invoice together with the shipping confirmation by e-mail.
- Payment options:
For the payment of the invoice amount you may choose prepayment. In this case, you have to settle the invoice amount within 14 days of conclusion of the contract. In the event that the amount is not received by us in due time, we are entitled to cancel the contract. In the case of prepayment, delivery will be made after successful receipt of available funds through your bank transfer, in accordance with time frame stated in section 4.
- Payment options via PayPal PLUS:
As part of the payment service PayPal PLUS, we also offer you various other payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first respectively sign in with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.
- Direct debit
If you have opted for direct debit, you do not need to be registered with PayPal to pay the invoice amount. By confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you separately about the date of the debit in a pre-announcement (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited.
- Credit card
If you have selected the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be executed by your credit card company upon PayPal's request immediately after confirmation of the payment order and your legitimation as the legitimate cardholder and your credit card will be debited.
- Purchase on account
- Retention of title: The delivered goods remain our property until their full payment. The goods will be your responsibility from the time we deliver them to the address you gave us.
- We may end the contract:
We may end the contract for any goods at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, ; or (c ) you do not, within a reasonable time, allow us to deliver the goods to you. If we end the contract in the situations set out in this clause 10 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
- Your rights to end the contract:
11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 11.6.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.4 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them or any products which become mixed inseparably with other items after their delivery.
11.5 For goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period . In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
11.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 11.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
- To end the contract: you are required to inform us (L.A.B. COSMETICS GmbH &. Co. KG, Friesenweg 4, Haus 14, 22763 Hamburg, Germany, phone: +49-40-386 29 100, fax: +49-40-386 29 109, e-mail: firstname.lastname@example.org) of your decision to contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached withdrawal template, which, however, is not obligatory. If you end the contract, we shall pay any reimbursement due to you in accordance with these terms and applicable law, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to end the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to L.A.B. COSMETICS GmbH &. Co. KG, Friesenweg 4, Haus 14, 22763 Hamburg, Germany. The deadline is met if you send back the goods before the period of 14 days has expired.If you make use of your right of withdrawal, we ask you to always return the package using the post-paid return label provided by us via DHL. In this case the return is free of charge for you. If you do not use our return label for returning the goods, you have to bear the direct costs of the return.
- Defects: If you have any questions or complaints about the product, please contact us on our contact information provided. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 11.3.
- Liability: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Contract text: The contractual document will not be stored by L.A.B. for you and is no longer available to you on the L.A.B. website after conclusion of the contract. Upon conclusion of the contract, however, you have the opportunity to retrieve and save the contractual provisions including these General Terms and Conditions.
- Other Important Terms:
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause
14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Complaints: If you have a complaint please contact us by e-mail at email@example.com and we will attempt to resolve your issue. Please note that disputes may be submitted for online resolution to the EU Commission's platform for online dispute resolution which can be found at: www.ec.europa.eu/consumers/odr/.
- Applicable law / jurisdiction: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
As of: November 2019
Model cancellation form
Complete and return this form if you wish to withdraw from the contract:
To L.A.B. COSMETICS GmbH &. Co. KG, Friesenweg 4, Haus 14, 22763 Hamburg, Telefon: +49-40-386 29 1020, Telefax: +49-40-386 29 109, E-Mail: firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following service:* *
/ Received on**
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
* Insert/delete as appropriate.