Terms and Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Monika Gallos) via the website shop.gallos-kosmetik.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.
(2) A consumer within the meaning of the following provisions 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. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After accessing the "Checkout" page and entering your personal information as well as the payment and shipping conditions, all order details will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections and enter your data there. You will then be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review all information again, change it (also via the "back" function of your internet browser) or cancel the purchase.
By submitting the order via the "order with payment" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of orders and the transmission of all information required for the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Right of retention , retention of title
(1) You can only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed to be agreed upon as the quality of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we will provide warranty coverage, at our discretion, through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the item or the defect or other circumstances. In the event of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction does not apply:
- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Monika Gallos
Escher Street 23
50767 Cologne
Germany
Phone: +49221743886
Email: shop@gallos-kosmetik.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed out using the browser's print function or saved electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service .
last update: 23.10.2019