GENERAL TERMS AND CONDITIONS OF
Welcome to VIGOROUS COSMETICS!
§ 1 Scope and Provider
(1) The general terms and conditions (hereinafter referred to as "GTC") regulate the sale of products by VIGOROUS COSMETICS UG (limited liability) (hereinafter referred to as the provider) to you in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order with VIGOROUS COSMETICS UG (limited liability). By placing an order with VIGOROUS COSMETICS UG (limited liability) you declare that you agree to the application of these conditions of sale to your order.
(4) At VIGOROUS COSMETICS we offer you the sale of the following products:
VIGOROUS COSMETICS UG (limited liability) sells cosmetics.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German and English.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:
- Germany
- Austria
(3) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods only prompts the customer to make an offer.
(4) Your order represents an offer to VIGOROUS COSMETICS to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested and in the last ordering step clicks on the "order for a fee" button .
(5) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place within one week of the earlier of the two dates, either by sending the goods or by sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(6) Your orders will be saved by us after the conclusion of the contract. Should you lose your documents for your orders, please contact us by email or phone. We will send you a copy of the order details.
(7) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax.
(2) Shipping within Germany will be charged at € 2.49.
(3) Shipping to Austria is charged at € 3.49.
(4) From 15 € order value, no shipping costs are charged for orders within Germany.
(5) From an order value of € 34.99, no shipping costs will be charged for orders to Austria.
(5) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by VIGOROUS COSMETICS (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If, while processing your order, VIGOROUS COSMETICS discovers that the products you have ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.
(3) The delivery is made to the delivery address specified in the order or to a DHL Packstation or to a post office within Germany. Delivery to PO box addresses is not possible.
(4) Delivery takes place after VIGOROUS COSMETICS has been informed of the customer's payment order.
(5) If your order is sent in more than one parcel, it may inadvertently happen that you will receive a separate dispatch confirmation for each parcel. Regardless of this, in this case only a single purchase contract is concluded between the customer and VIGOROUS COSMETICS for the products listed in the respective shipping confirmation.
(6) Regardless of your right of cancellation, you can cancel your order for a product free of charge at any time before sending the corresponding shipping confirmation.
§ 5 Payment
(1) The customer can pay for the goods using the following payment methods:
- Paypal
- Credit card
- Klarna
- Instant bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(5) If the customer chooses the credit card as the payment method, he expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been dispatched.
(6) If the customer defaults on payment, the provider reserves the right to assert the damage caused by the delay.
§ 6 Offsetting and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 Retention of title
VIGOROUS COSMETICS UG (limited liability) reserves ownership of the goods until full payment has been made.
§ 8 Transport Damage
(1) If the purchaser receives the goods with obvious transport damage, the provider requests him to make a complaint within two weeks.
(2) Should the customer fail to file a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 9 Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: According to this, customers in the European Union have, in addition to their 14-day right of withdrawal, for a period of two years from delivery of the goods Warranty rights and can request the repair or replacement of the products purchased on VIGOROUS COSMETICS if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by a new delivery or a new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies to the extent that no claims for damages or reimbursement of expenses are asserted, which relate to compensation for damage to body and health or to intent or gross negligence.
§ 10 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the purchaser from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damage resulting from their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of Based on the provider.
(2) Significant contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply by negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) As far as the liability of VIGOROUS COSMETICS is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a Goods in several partial shipments or pieces) have taken possession of.
In order to exercise your right of withdrawal, you must inform us:
VIGOROUS COSMETICS UG (limited liability)
Strangweg 42
32805
Horn-Bad Meinberg
Phone: +49 176 45850283
Email: info@vigorous-cosmetics.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample cancellation form on the last page of these terms and conditions or send us another clear statement. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired and for you to have returned the goods within the period defined below.
For additional information regarding the range, the content and explanations for exercising, please contact our customer service.
(3) Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract
VIGOROUS COSMETICS UG (limited liability)
Strangweg 42
32805
Horn-Bad Meinberg
Phone: +49 176 45850283
Email: info@vigorous-cosmetics.com
to be returned or handed over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not exist or expires in the case of the following contracts:
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for the delivery of goods that are unsuitable for return for reasons of health or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
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for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
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for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs
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for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
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in the case of services, if VIGOROUS COSMETICS has provided them in full and you have taken note of and expressly consented to the fact that we can start providing the service and you lose your right of withdrawal if the contract has been fully fulfilled;
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for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
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for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
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for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
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for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
-
(2) The right of withdrawal expires prematurely in the case of contracts
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for the delivery of sealed goods which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
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for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
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for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 13 Data protection
(1) Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, a fault-free and trouble-free protection of the data of third parties cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact details for commercial activities, provided that the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive information from VIGOROUS COSMETICS in full and free of charge about your database.
(5) Furthermore, there is a right to correct and delete data and to restrict processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 14 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you to object to / accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
§ 15 Place of Jurisdiction and Applicable Law
(1) German law applies to this contract with the exception of the provisions of international private law.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 16 Final provisions
(1) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(2) We reserve the right to make changes to our website, rules and conditions, including these terms and conditions, at any time. The terms and conditions of sale, contractual conditions and general terms and conditions in force at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders that You have previously done). If a regulation in these sales conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
(3) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.
§ 17 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court settlement of disputes. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.
We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
You can also contact us by email at info@vigorous-cosmetics.com
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At:
VIGOROUS COSMETICS UG (limited liability)
Strangweg 42
32805
Horn-Bad Meinberg
Phone: +49 176 45850283
Email: info@vigorous-cosmetics.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is notified on paper) - Date
___________
(*) Delete where inapplicable.