1. Scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract shall be concluded with L.A.B. Cosmetics GmbH. Further information about us can be found on our website, e.g. also the contact details of our customer service.
By placing the products in the online store, we make an offer to submit a purchase offer 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 tools provided and explained for this purpose in the order process. By clicking the order button, you make a binding offer to purchase the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail. The contract is accepted on our part by an order confirmation or by shipping the goods.
We reserve the right to reject your offer or to contest concluded contracts in cases where the ability to deliver is excluded due to errors in the goods management system or for other reasons.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers; they are also displayed during the ordering process.
We deliver only in the dispatch way. A self-collection of the goods is not possible.
5. Prices and payment
All prices, also in these general terms and conditions, are gross prices including the legal VAT valid in Germany.
In our store, the following payment methods are generally available:
When you place your order, you also provide us with your credit card details.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
During the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Klarna purchase on account / installment purchase / Sofort
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract.
Invoice: the payment period is 14 days from the date of shipment of the goods or, in the case of other services, the provision of the service.
Installment purchase: With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice.
Immediately: Your account will be debited immediately after placing the order.
When making a payment via Google or Apple Pay, you can initiate payment transactions via your smartphone or wearable.
To make a payment with Google Pay, you must be registered with Google Pay. After selecting the payment method Google Pay, please enter your access data for this and confirm the payment with a payment method you have stored (credit card or giro card). The transaction will be carried out immediately after placing the order. The payment data you have deposited with Google Pay will not be transmitted to us.
To pay with Apple Pay, you must be registered with Apple and have activated the "Apple Pay" function. After selecting the payment method, please enter your Apple account access data to legitimize yourself. After that, please confirm the payment instruction for payment to us with a payment method you have deposited (credit card or giro card). The payment will be made immediately after submitting the order.
6. Retention of title
For consumers applies:
For consumers, we retain title to the purchased item until the invoice amount has been paid in full.
For entrepreneurs, the following shall apply in addition:
If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
As an entrepreneur, you shall only be entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
If you are in default with any payment obligations towards us, all existing claims shall become due immediately. If the realizable value of the existing securities exceeds the secured claims by a total of 10 (ten) percent, we shall be obliged to release securities of our choice at your request.
7. Transport and transport damage
We deliver only in the dispatch way. A self-collection of the goods is not possible.
A delivery to packing stations in Germany is possible.
For transport damage applies:
If you are a consumer:
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the delivery agent and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
If you are an entrepreneur:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
We shall be liable for delivered goods in accordance with the statutory provisions with the following restrictions. If goods delivered by us are defective, we shall, at our discretion, either deliver a replacement within a reasonable period of time or rectify the defect. In the event of final failure of subsequent performance, which is presumed after two attempts at subsequent performance, we will, at the customer's request, refund the purchase price against return of the goods or reduce the purchase price appropriately. For digital products, we provide update service to the extent owed by law.
The statutory warranty periods shall apply from the date of receipt of the goods by the customer. For any updates, the statutory requirements regarding duration and scope shall apply. We will make the software available on our website subject to an immediate request by the customer. An adaptation to new operating systems, for which no promise was made at the time of purchase, will not be made.
However, the following applies to the purchase of used goods by consumers: If the defect occurs after one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed 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 goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (rectification) or by delivering an item free of defects (replacement); in the case of digital products, subsequent performance shall generally take the form of the provision of an update or patch.
The aforementioned restrictions and shortening of time limits - also with respect to entrepreneurs - shall 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 the event of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of breach of material contractual obligations, the fulfillment of which is a prerequisite for proper performance of the contract and compliance with which the contractual partner may regularly rely on (so-called cardinal obligations). cardinal obligations), in the context of a promise of guarantee, insofar as a guarantee has been agreed; the restrictions shall also not apply insofar as the scope of application of the Product Liability Act is opened up.
Information on any applicable additional warranties and their exact conditions can be found in each case with the product and on special information pages in the online store.
Customer service: The contact details and hours of customer service can be found on our website.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. We would like to point out that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
For the settlement of disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, there are consumer arbitration boards. Responsible for us is the general consumer arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.
11. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Should individual provisions of the contract, including this provision, be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
L.A.B. Cosmetics GmbH, January 1, 2022