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T&Cs

General Terms & Conditions for Consumers


1 Scope

2 Conclusion of the Contract

3 Prices

4 Shipping Costs

5 Payment

6 Delivery

7 Instructions on Withdrawal

8 Cancellation of Consent

9 Retention of Title

10 Defect Rights

11 Liability for Damages

12 Privacy

13 Applicable Law and Jurisdiction

14 Copyright

15 Final Provisions

16 Provider Identification, Legal Address



1 Scope

The following Terms and Conditions apply to all agreements concluded between the individual enterprise Bestkosmetik, owned by Britta Bork, Stiftstrasse 6, 32427 Minden, Germany (hereafter referred to as "Bestkosmetik") and the consumer as part of the electronic ordering service. A consumer is a person who is signing the contract for a purpose that is neither commercial nor attributable to the person's independent occupation. The following Terms and Conditions apply exclusively in their valid version at the time of order placement. Any conditions of the buyer or consumer which contradict these are not recognized by Bestkosmetik unless Bestkosmetik has expressly agreed to their validity in writing. 


2 Conclusion of the Contract

1. The range of items shown in our online shop is not binding and not an offer in the legal sense. Errors excepted.

2. By sending the order you are making a binding order of the goods listed on the order page. Confirmation of receipt of the order is provided via automated email after the order is sent but does at that stage not constitute acceptance of an agreement. The contract of sale comes into being after our separate order confirmation or by delivery of the goods.

3. Please note that all products are only sold in normal household quantities. This applies to both the number of products ordered in a single order and also to the placement of multiple orders for the same product in which the individual orders alone would comprise normal household quantities.

4. It must be ensured that all information given during the order process or registration in the online shop (e.g. name, address, email etc.) is accurate. Any changes should be communicated to Bestkosmetik immediately.

5. The contract language is exclusively German.

6. Bestkosmetik ships goods only to customers in the European Union (EU).

7. We save the text of the contract and send the order details and our T&Cs via email. Your previous orders can be seen in our customer login area if you have created a customer account.


3 Prices

The prices listed on our website are final prices and include the statutory German VAT. 


4 Shipping Costs

In addition to the prices listed in the shop, we charge shipping costs as follows:

Germany of a flat fee of €3.50 per order, Delivery is free from an order value of €75. 

Austria, The Netherlands, Denmark, Poland, Liechtenstein, Luxemburg, Belgium, France, Monaco (DHL EU Zone 1)

• Flat fee of 10,- EUR per Order.

• Delivery is free from an order value of €75 to countries of DHL EU Zone 1.


Andorra, Great Britain, Italy, San Marino, Sweden, Slovakia, Slovenia,Spain, Ungary, Vatican (DHL EU Zone 2)

• Flat fee of 15,- EUR per Order.


Albania, Bulgaria, Bosnia-Herzegovina, Bulgaria, Eastland, Finland, Greece, Ireland, Island, Croatia, Latvia, Lithuania, Malta, Macedonia, Moldavia, Montenegro, Portugal, Serbia, Ukraine, Belarus, Cyprus (DHL EU Zone 3):

• Flat fee of 25,00 EUR per Order.


5 Payment

1. Depending on the customer's wishes, payment can be made via PayPal, SOFORT Überweisung (instant funds transfer), prepayment, credit card, invoice or instalments.

2. If prepayment is selected, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. With prepayment by bank transfer we grant a 5% discount. If we have not received payment within 10 days after order placement, your order will automatically be cancelled.

3. Your credit card will be charged upon order completion.

4. With payment using SOFORT Überweisung (instant funds transfer) your account will be debited as soon your data have been successfully entered.

5. You only have the right to offset if your counter-claims have been deemed legally valid or are undisputed. You are only authorized to exercise a right of retention to the extent that your counter-claim comes from the same contractual relationship.

For the payment types of invoice, Bestkosmetik works with the company PayPal. With selection of invoice or payment in instalments you accept the following T&Cs from PayPal as well as those of Bestkosmetik. In the case of invoice or payment in instalments these automatically become an integral part of the agreement.

Payment via PayPal – invoice:

We, in cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A. (referred to as “PayPal”), offer you payment via invoice. For a payment with PayPal you do not need to give your account details and you only pay once you have received the goods.

With the payment types PayPal invoice delivery to an address that is different to the billing address is not possible. We thank you for your understanding.

PayPal Invoice

With payment by PayPal invoice you first receive the goods and then have a 14 day payment deadline. Further information and PayPal's full T&Cs regarding purchasing on invoice can be found here:

For customers from Germany only


6 Delivery

1. Our orders are shipped via DHL.

2. The delivery time for goods which are ready for dispatch is approx. 1-3 business days (Germany) or 2-4 business days (Austria) after payment receipt.

3. The delivery times for all other countries can be found here.

4. If an item ordered is not deliverable, we are entitled to withdraw from the contract. In this case you will be informed without delay that the goods ordered are not available, and any payments already made will be immediately refunded.

5. A claim for damages against Bestkosmetik for delayed/poor delivery or non-delivery is only possible if it is due to gross negligence by Bestkosmetik.

6. Bestkosmetik is entitled to make partial deliveries to a reasonable extent.


7 Instructions on Withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without the need to state any reason. 

The withdrawal period expires fourteen days from the day that you or the third party nominated by you, who is not the carrier, took possession of the goods. 

In order to exercise your right of withdrawal, you must inform us (Bestkosmetik, owner Britta Bork, Stiftstrasse 6, 32427 Minden, Germany, service@Bestkosmetik.de, tel.: +49 571 / 38600130) with an unequivocal statement (e.g. letter sent by postal mail, fax or email) about your decision to withdraw from this contract. You may use the attached withdrawal form template, however it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 


Consequences of Withdrawal 

If you withdraw from this contract, we must immediately, or at the latest within fourteen days after the day on which the notification of your withdrawal from the contract was received by us, refund all payments received from you, including the delivery costs (with exception of any additional costs which resulted from your selection of a different type of delivery to the cheapest standard delivery offered by us). For this repayment we will use the same payment method used in the original transaction, unless it is expressly agreed otherwise. In no case will this repayment result in the payment of compensation. We may refuse this repayment until we have received the returned goods or you have provided evidence that the goods have been sent back, depending on which occurs first. You must immediately, and in any case at the latest within fourteen days from the day on which you informed us about the withdrawal from this contract, deliver or send the goods back to us. The time period is upheld if you send the goods before expiry of the fourteen day time period. You bear the immediate costs for return of the goods. For returns within Germany of an order value over €75 we assume the immediate costs for sending the goods with use of a DHL return note (see https://www.Bestkosmetik.de/en/retoure/). You must only compensate us for any diminished value of the goods if this loss in value can be ascribed to an unnecessary handling of the goods carried out by you when testing the condition, properties and functionality of the goods. 


Withdrawal Form Template

(If you would like to withdraw from the contract, then please fill out this form and send it back.) 

To: 

Bestkosmetik

Owner: Britta Bork

Stiftstrasse 6

32427 Minden

Germany

service@bestkosmetik.de


I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) /provision of the following service (*) 

Ordered on (*)/ received on (*) 

Name of the consumer(s) 

Address of the consumer(s) 

Signature of the consumer(s) (only with notification on paper) 

Date 

_______________

(*) Delete as appropriate

 

8 Cancellation of Consent

You may have expressly given your consent to the statements below. We would like to point out that this consent can be withdrawn any time with effect for the future.


Authorisation for email advertising:

I would like to subscribe to the Bestkosmetik newsletter.

I have read the privacy statement and agree that my details can be stored to the extent specified. I am aware that I can revoke this consent at any time.


9 Retention of Title

1. The delivered goods remain the property of Bestkosmetik until payment has been received in full.

2. We must be immediately informed of third party access to goods which are subject to retention of title. You are liable for all costs to cancel such access, in particular for costs incurred for the removal of the access, insofar as the costs cannot be recovered from the third parties.


10 Defect Rights

1. All goods in our shop are subject to statutory warranty rights. 

2. With a material defect of the purchased goods the statutory provisions apply. First and foremost this means that either subsequent delivery or remedy of the defect can be requested. If further statutory conditions are present, you are entitled to a reduction of the purchase price or to withdrawal from the contract. There are no warranty claims available against Bestkosmetik other than the statutory claims with respect to defects, unless contrary applicable assurances are expressly stated in the product description. Insofar as Bestkosmetik passes on a manufacturer warranty, this does not limit the statutory claims for defects. For damage claims due to a defect of the goods the conditions named in 10 apply in addition to the statutory conditions.

3. The colors represented on the screen may be slightly different to the actual colors. All details given regarding sizes are approximate. There may also be minor deviations due to technical reasons.

4. All defect claims have statute of limitations of two years from delivery.


11 Liability for Damages

Any liability for damages applies without prejudice to other statutory eligibility criteria, the following liability limitations and liability exclusions:

 

1. Bestkosmetik is liable if there is intent or gross negligence. For simple negligence we are liable if there is violation of an obligation whose fulfilment makes proper performance of the agreement possible in the first place and whose observance the contractual partners regularly rely upon (so-called cardinal obligation). In all other cases liability for any type of damages, irrespective of basis, including liability for default on conclusion of contract, is excluded.

2. Insofar as Bestkosmetik is liable for simple negligence per paragraph 1, the liability of Bestkosmetik is limited to the damages whose occurrence Bestkosmetik could typically expect due to the circumstances known upon conclusion of the contract.


12 Privacy

1. Bestkosmetik collects and saves customer data necessary for business processing. Bestkosmetik observes the statutory regulations when processing your personal data. Further details can be found in the privacy statement for the online offer.

2. The customer can request information about their stored personal data at any time.


13 Applicable Law and Jurisdiction

The laws of the Federal Republic of Germany, with the exclusion of UN purchasing law (CISG), apply to the General Terms & Conditions and all legal relationships between Bestkosmetik and our contractual partners.



14 Copyright

All descriptions, text and images, including the T&Cs, on the website www.Bestkosmetik.de and its sub-pages are copyright protected.



15 Final Provisions

1. This contract contains all of the agreements on the subject between the parties. There are no verbal side agreements.

2. If individual provisions of this agreement become wholly or partly invalid or inapplicable, then the validity of the remaining provisions will remain unaffected. The invalid or inapplicable provision shall be replaced by a valid or applicable one whose economic content is as close as possible to the purpose of the invalid or inapplicable provision.


16 Provider Identification, Legal Address

Our address for complaints or declarations of intent, as well as our physical mailing address is:


individual enterprise: Bestkosmetik

Owner: Britta Bork

Stiftstrasse 6

32427 Minden

Germany

Tel: +49 571 / 38600130

service(at)bestkosmetik.de