General Terms and Conditions
last updated: 19/07/2019
1. Order completion and content
- All deliveries, services and offers of PINK Cosmetics GmbH – hereinafter referred to as PINK Cosmetics – are made exclusively in accordance with the respective order as well as these General Terms and Conditions. These General Terms and Conditions also apply to all future orders between the customer and PINK Cosmetics, even if they have not been expressly agreed upon again.
- PINK Cosmetics reserves its proprietary and copyright exploitation rights to cost estimates, products and other documents without restriction. The customer may only make documents or files available to third parties with the prior written consent of PINK Cosmetics and, if the order is not placed, those items must be returned immediately upon request.
- The product and service offers of PINK Cosmetics do not constitute a contractual offer within the meaning of Section 145 of the German Civil Code (BGB), but merely an “invitatio ad offerendum” and are non-binding and subject to change until the acceptance declaration is issued by PINK Cosmetics to the customer. A legally binding contract is therefore only concluded between the customer and PINK Cosmetics after PINK Cosmetics has either issued a written (signed fax, signed letter, signed e-mail) or a telephone confirmation (telephone order acceptance). In the event of immediate delivery, the written order confirmation may be replaced by the invoice from PINK Cosmetics.
- Illustrations, drawings, promotional materials, volume rebate indicators, dimensions, weights or other data relating to the goods are only binding if they have been expressly agreed in writing.
- Changes in design and/or formulation, form, implementation, colour, taste, fragrance, consistency, and shelf life remain reserved for PINK Cosmetics and cannot be accepted as the reason for complaint or withdrawal from the purchase, except in case of objective material defect or if the change would not be reasonable for the customer, taking into account the interests of PINK Cosmetics.
2. Prices and payment
- The prices of PINK Cosmetics are ex warehouse in Laatzen. Unless otherwise stated, PINK Cosmetics shall be bound to the prices in its offers for a period of 30 calendar days from the day of PINK Cosmetics’ written acceptance of the customer’s order. Otherwise, the valid prices are the ones that are stated in the order confirmation by PINK Cosmetics plus the applicable statutory value added tax (VAT).
- The purchase price payment must be made exclusively in accordance with the payment conditions specified in the order forms or the payment terms specified in the online shop (e.g. cash on delivery or bank account debit).
- In the case of return debits caused by the customer, e.g. in the case of insufficient account coverage, the bank charges have to be covered by the customer.
- If the payment due date is not already defined as per Clause 2 of this Section, the purchase price is due for payment immediately after receipt of the invoice created by PINK Cosmetics. If the customer has not paid the purchase price by the 10th day after the invoice date, he will be in default of payment without a reminder with the 11th day from the invoice date. PINK Cosmetics will charge at least the statutory interest on late payments, i.e. 5% p.a. above the respective base interest rate of the European Central Bank for all non-trading purchases and 8% p.a. above the base interest rate for trading transactions within the meaning of the German Commercial Code (HGB). Default interest may be set higher if a higher interest rate is demonstrated.
- The customer may only set off against the purchase price with such claims that are undisputed or legally binding. The buyer is only entitled to assert rights of retentions on the basis of counterclaims arising from the same contractual relationship.
- PINK Cosmetics reserves the right to a delivery period of six weeks after submitting the written declaration of acceptance (Section 2 Clause 1 Sentence 2). Shorter delivery dates or deadlines are only binding if they have been agreed separately in writing between PINK Cosmetics and the customer.
- The delivery period is extended in the case of measures in the context of industrial disputes, in particular strikes and lockouts, as well as in the case of unforeseen obstacles beyond the control of PINK Cosmetics, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles are demonstrably of considerable influence on the delivery of the ordered item. This also applies if the circumstances occur with sub-suppliers. The delivery period will be extended in accordance with the duration of such measures and obstacles. The aforementioned circumstances are not attributable to PINK Cosmetics even if they arise during a delay already present. PINK Cosmetics will notify the customer of the beginning and end of such obstacles as soon as possible.
- The beginning of the deadline for delivery to the customer is subject to the proviso that PINK Cosmetics itself has been supplied completely and on time by its own supplier. If PINK Cosmetics has concluded a cover transaction with a sub-supplier in order to fulfil the contract and its delivery obligation is not fulfilled, PINK Cosmetics shall be entitled to withdraw from the order to the customer.
- If PINK Cosmetics is culpably in default on delivery, the customer can only assert claims for damages and claims for rescission if they have given PINK Cosmetics a reasonable grace period for the delivery, together with a threat of rejection in the event that this reasonable grace period has expired fruitlessly.
- PINK Cosmetics is also entitled to partial deliveries or partial services, unless the partial delivery or partial service is not reasonable for the customer from an objective standpoint.
- Compliance with the delivery and performance obligations of PINK Cosmetics requires the timely and proper fulfilment of the customer’s obligations.
- If the shipment is delayed at the request of the customer, they will be charged the storage costs of minimum 0.5% of the price of the delivery, starting one month after notification of readiness for dispatch, but not exceeding 5%. PINK Cosmetics is in no obligation to prove higher or lower storage costs.
- If the customer does not accept the goods, PINK Cosmetics is entitled to withdraw from the contract after setting a grace period of 14 calendar days or to claim damages for non-performance. In any case, PINK Cosmetics is entitled to assert a lump sum claim for damages amounting to 15% of the sales price. The Contracting Parties shall have the power to prove lesser or greater damages.
4. Shipping, Insurance
- Unless otherwise stipulated below, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon acceptance of the delivery item. If the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer upon commencement of the delay in acceptance.
- Loading and shipping are carried out by shipping service provider such as DHL, UPS or Flexpress on behalf of PINK Cosmetics. With the handover to the customer, forwarder, carrier or the like, and at the latest upon leaving the warehouse, the risk passes to the customer. This also applies to the shipment of goods within the same town or if the shipment is carried out by PINK Cosmetics with their own vehicles. Shipping, selection of means of transport and the transport route decisions as well as appropriate packaging are made by PINK Cosmetics with due care, but without liability, and associated costs are invoiced separately. In the event of loss or damage to the parcel, the shipping service provider shall be liable for the direct damage (loss of value) within the scope of their conditions for the liability, which are valid at the time of conclusion of the contract. The delivery shall be made to the address of the customer resulting from the placing of the order, unless otherwise expressly agreed in writing.
5. Retention of title
- PINK Cosmetics reserves the ownership of the delivery items until full payment has been made by the customer. In the event of a delay in payment, PINK Cosmetics shall be entitled to take back the goods after the first reminder has been issued and the customer shall be obliged to return them to PINK Cosmetics without delay.
- The assertion of the retention of title as well as the seizure of the delivered items by PINK Cosmetics shall not be deemed to be a withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared in writing by PINK Cosmetics.
6. Warranty and Liability
- The effect of the delivery items depends on the different genetic disposition and the hormonal balance of the treated person as well as the application technique. Therefore, certain statements about the number of treatments required or the period during which the hair in the treated area is reduced or removed cannot be generalized. If the effect is not as described, there is no material defect in the delivery items.
- For material or legal defects in the advertising texts, pictures and other materials provided by PINK Cosmetics, the warranty and liability are excluded, provided that the customer modifies them or uses their own texts. Liability for intent and gross negligence remains unaffectedt.
- The statutory warranty period applies. The customer must immediately inspect the goods received for possible defects and must notify PINK Cosmetics of any obvious defects in writing without delay, but no later than two weeks after receipt of the delivery item. Hidden defects, which cannot be discovered even with careful examination within this period, must be reported in writing to PINK Cosmetics without delay, but no later than two weeks after discovery. The delivery item or the defective part is to be returned to Integralis-Versenderservice GmbH, c/o PINK Cosmetics GmbH, Mannheimer Str. 11, 30880 Laatzen immediately, but no later than within two further weeks after the timely complaint of the defect has been sent. PINK Cosmetics shall bear the shipping costs if the defects claim proves to be justified.
- The waxing trainings are designed in such a way that an attentive participant can reach the seminar and training goals. PINK Cosmetics is not liable for the success of the training and possible skin irritations. PINK Cosmetics is also not liable for any damages. This disclaimer does not apply to damages resulting from injury to life, body or health resulting from a negligent breach of duty by PINK Cosmetics or a willful or negligent breach of duty by a legal representative or vicarious agents of PINK Cosmetics. The disclaimer also does not apply to any other damages resulting from a grossly negligent breach of duty by PINK Cosmetics or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of PINK Cosmetics.
- PINK Cosmetics assumes no liability for damages resulting from product applications.
7. Place of fulfilment, place of jurisdiction, partial nullity
- Düsseldorf in North Rhine-Westphalia (Germany) is agreed as the place of performance and as the place of jurisdiction, provided that the customer is a registered trader, a legal entity under public law or a special fund under public law. Irrespective of this, PINK Cosmetics is entitled to sue at the customer’s headquarters if necessary.
- German law shall apply exclusively, excluding the laws governing the international purchase of movable property, even if the customer has its registered office abroad.
- Should a provision in the terms and conditions or a provision within the scope of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
8. Dispute settlement
- The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr
- In Germany, we are neither willing nor obliged to take part in dispute settlement proceedings before a consumer arbitration board.