§ 1 Seller, web shop, consumer, entrepreneur, customer
(1) "Seller" within the meaning of the General Terms and Conditions and thus the contractual partner is the operator of the web shop, Straub GmbH (Mannheim District Court: HRB 570014, VAT ID No.: DE811205632).
Service hotline: +49 (0) 9342-88020
Fax number: +49 (0) 9342 880244
The normal connection prices of the caller's provider apply
Monday to Friday: 8:00 a.m. to 4:45 p.m
(2) "Webshop" within the meaning of these General Terms and Conditions is the Internet sales platform operated by the seller at the Internet address http://www.bettina-barty.de/Impressum/.
(3) If these General Terms and Conditions refer to "consumers", these are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(4) "Entrepreneurs", on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity.
(5) "Customers" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(6) If "working days" are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.
§ 2 Scope
The following general terms and conditions apply exclusively to purchases via the web shop. The customer's general terms and conditions that conflict with or deviate from the following provisions shall not apply. An agreement with deviating conditions of the customer cannot be concluded even if the contract is actually carried out.
§ 3 Personal data of the customer
(1) You can process the order on the internet sales platform either as a guest or via a customer account. The creation of the customer account takes place via a one-time and free registration.
(2) The customer is responsible for the truthful and complete disclosure of the personal data that he provides when registering and ordering. The personal data of guests is only stored for the processing of the purchase contract. The data will be automatically deleted after the expiry of the limitation period for claims from the purchase contract, provided no legal disputes are pending.
(3) The customer is obliged to treat the personal access data that is created for him as part of the registration as confidential and not to make it accessible to any unauthorized third party. In the event of a transfer, the registered customer is responsible for the orders placed using his access data and the resulting claims.
(4) Each customer is only entitled to maintain one customer account at a time. We reserve the right to delete multiple registrations and customer accounts that have not been used for orders for more than five years.
§ 4 Prices and shipping costs
(1) All information on products and prices in the web shop is non-binding and subject to change. The sale takes place only in normal household quantities.
(2) The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies.
(3) Additional shipping costs. From a value of goods, less all discounts, of EUR 30.00, shipping within Germany is free of charge. Otherwise we charge EUR 4.95 for shipping within Germany. From a value of goods, minus all discounts, of 50.00 EUR, shipping to Austria is free of charge. Otherwise we charge EUR 11.95 for shipping to Austria. The customer can also find out about the shipping conditions at http://www.bettina-barty.de/Versand-lieferung-oxid.
§ 5 Language and conclusion of contract
(1) Sales contracts for products from the web shop are concluded exclusively in German.
(2) The presentation of the products in the web shop and the granting of the option to place an order does not constitute a binding offer to the customer, but merely an invitation to the customer to submit one.
(3) By clicking on the "Order for a fee" button, the customer submits a binding offer to conclude a contract for the purchase of the products contained in the shopping cart. An e-mail will then be sent to the e-mail address provided by the customer, confirming receipt of the order and listing the details (order confirmation).
(4) The dispatch of the order confirmation does not constitute acceptance of the customer's offer. The contract is only concluded when the customer's offer received by us is accepted by us by issuing an invoice or by handing over the goods to the transport company. The customer will also be informed of the dispatch by e-mail (dispatch confirmation).
§ 6 cancellation policy
right of withdrawal
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to the following address
§ 7 Payment
(1) Payment is made using one of the specified means of payment.
(2) By providing the credit card number in the order, we are authorized to collect the purchase price amount from the credit card account specified by the customer in the order.
§ 8 Default of Payment
If the customer is in default of payment, default interest of five percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order must be paid by the customer. If a higher damage caused by delay can be proven, the seller is entitled to assert this.
Section 9 Offsetting
The customer only has the right to offset if his counterclaims have been legally established or are undisputed by the seller.
§ 10 Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The right to refuse performance according to § 320 BGB remains unaffected.
§ 11 Delivery, transfer of risk
(1) DHL is our shipping partner. Delivery is made to the delivery address specified by the customer or to the DHL parcel shop specified by the customer, but only within the Federal Republic of Germany and Austria. DHL assures us that the goods will be delivered to the customer within 2-3 working days.
(2) If force majeure (e.g. natural disasters, war, terrorist attack) makes delivery or another service permanently impossible, our obligation to perform is excluded. Amounts already paid will be refunded immediately.
(3) We can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately.
(4) If the customer is not a consumer, the risk of accidental loss or accidental deterioration of the purchased item is already transferred to the customer upon conclusion of the contract.
§ 12 Shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged through an opening for the function test. You are not obliged to do this, but by returning the item in the original packaging you can prevent us from having to demand compensation from you because the original packaging is missing. You as the buyer are responsible for the return shipping costs .
§ 13 Retention of title
(1) We reserve ownership of the delivered goods (reserved goods) until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.
(2) If the goods subject to retention of title are seized by a third party, the customer is obliged to point out our ownership and to inform us immediately in writing of the seizure. Such an obligation to inform without delay also applies if the goods subject to retention of title are encumbered with the rights of third parties or are exposed to other interventions.
§ 14 Warranty and Manufacturer's Guarantee
(1) A product that is already defective upon delivery (warranty case) is regularly replaced by means of a replacement delivery (subsequent performance).
(2) The customer is advised that there may be external discrepancies between the products presented on the website and the appearance of the goods delivered. Such minor deviations do not justify claims for defects as long as they do not affect the quality of the delivered products.
(3) A warranty case does not exist in the following cases in particular:
a) in the event of damage caused by misuse or improper use by the customer,
b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(4) The customer is obliged to send the product to the return address specified by us, stating the order number.
(5) Before submitting the product, the customer must remove any items he has inserted from the product. We are under no obligation to inspect the product for such items. We are not liable for the loss of such items, unless it was immediately apparent to us when the product was taken back that such an item had been inserted into the product (in this case we will inform the customer and hold the item for the customer ready for collection; the customer bears the resulting costs).
(6) If the customer sends in the goods in order to receive a replacement product, our claims after the return of the defective product are based on the following proviso:
If the customer was able to use the goods between delivery and return in a defect-free condition, he must reimburse the value of the benefits he has gained. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case,
a) if the defect that entitles you to withdraw only became apparent during the processing or transformation,
b) if we are responsible for the deterioration or the loss or if the damage would have occurred to us,
c) if the deterioration or loss has occurred at the customer's premises, although he has observed the care that he uses in his own affairs.
(7) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(8) The customer can choose to withdraw from the contract or reduce the purchase price if the replacement delivery does not result in the product being in a contractual condition within a reasonable period of time.
(9) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by him, which are based on the corresponding guarantee conditions.
(10) The statutory warranty ends two years after delivery of the goods. The deadline starts once goods are received.
§ 15 Protection by trademark and copyright
The product data and web content available on our website are protected by German and international trademark and copyright law (hereinafter referred to as "the content"). The protected product data includes all signs that can be protected as a trademark, in particular illustrations, letters and letter combinations, the shape and presentation of the products and their packaging, including colors and color combinations and numbers. The protected web content includes the entire presentation of the website www.bettina-barty.de, including its design in relation to the placement and combination of images, acoustic content, letters, graphic elements, colors and texts, but also the content the texts themselves.
This content is the property of Beauty Brands International GmbH or its licensors. The content may not be changed, copied, linked, disposed of or used in any other way by the user of the web shop without our express written consent. Insofar as this is necessary for technical reasons to display the website in the user's browser, he is entitled to use the content. This consent expires if the user uses the content in any way illegally.
§ 16 data protection
The customer can find information on data protection under the heading http://www.bettina-barty.de/Datenschutz-oxid/
§ 17 Credit Check
For the purpose of the credit check, infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, will provide the seller with the address and creditworthiness data stored in its database for the customer, including data determined on the basis of mathematical-statistical processes, if the seller has credibly demonstrated a legitimate interest. As part of the application process, the seller compares the customer's bank details (only account number and bank code, no personal information) with the return debit prevention pool (RPP) of infoscore Consumer Data GmbH (ICD), Rheinstraße 99, 76532 Baden-Baden. The RPP has the function of a lock file.
In addition, if the direct debit is not redeemed, we will, to the extent permissible, register the customer's bank details (only account number and bank code, no personal information) in the RPP of the ICD, which will block other companies involved in the information process on request transmitted. After paying the return debit, the seller will report the settlement in the RPP.
Section 18 Liability
(1) In the event of slight negligence, the seller is only liable in the event of a breach of essential contractual obligations and is limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. We are not liable for other damages caused by slight negligence due to a defect in the purchased item.
(2) Irrespective of fault on the part of the seller, the seller's liability in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute an assumption of a guarantee by us.
(3) The seller is also responsible for the accidental impossibility of delivery that occurs during his delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of the seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Section 19 Applicable Law
The contract concluded between the contracting parties is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN sales law.
Section 20 Place of Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with this contract is 74821 Mosbach, provided the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer, contrary to the information given when ordering, does not have a place of residence in the Federal Republic of Germany or moves his place of residence abroad after the contract has been concluded or his place of residence is not known at the time the complaint is filed.
§ 21 Severability clause, written form
(1) Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the remainder of the contract.