GENERAL TERMS AND CONDITIONS
Glitterbels Germany UG (haftungsbeschränkt)
Overview
- Scope of Application and Provider
- Conclusion of Contract
- Prices
- Terms of payment; Delay
- Offsetting; Right of retention
- Delivery; Retention of title
- Cancellation Policy
- Transport damage
- Warranty
- Liability
- Alternative dispute resolution
- Final Provisions
1 Scope of Application and Provider
(1) These General Terms and Conditions apply to all orders that you place with the online shop of Glitterbels Germany UG (haftungsbeschränkt), Leipziger str. 72 Halle 4/5, 63571, Gelnhausen. Managing Director: Macauley Maginnis.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
(4) The language of the contract is exclusively English.
(5) You can access and print the currently valid General Terms and Conditions on our website [provide link]. The text of the contract is not stored.
2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button ["Order now with obligation to pay" / "buy"] you submit a binding purchase offer (145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. Your application can only be accepted by us up to the point in time at which you can expect the receipt of the answer under regular circumstances (147 para. 2 BGB). Exception: in the case of payment by credit card and PayPal, the acceptance of the order takes place immediately with your order.
3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Delivery Conditions"].
4 Terms of payment; Delay
(1) Payment shall be made optionally by:
- Credit card: VISA, Mastercard, AMEX, Maestro
- Klarna Sofort, Klarna Invoice
- EPS Transfer
- Ideal
- Bancontact
- Shop Pay
- Apple Pay
- Google Pay
- PayPal
(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example only PayPal to hedge our credit risk.
(3) In the case of payment by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will be made at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a reversal of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by you.
(6) Invoice via Klarna Delivery on account via Klarna (only up to an order value of 1,500 euros and a positive credit check required)
(7) Installment purchase via Klarna (only up to a maximum order value of 5,000 euros and a positive credit check required; Minimum order value 5,- Euro) Klarna installment purchase is a so-called annuity loan that is paid to the customer by Klarna AB, Norra Stationsgatan 61, 11343 Stockholm (www.klarna.de) is granted. The monthly amounts of the annuity loan can change as the interest rate rises or decreases. The monthly amount and/or loan term changes each time the customer uses their loan and is based on the level of use and size of the payments. The contract term of Klarna Installment Purchase on the basic terms runs for an indefinite period of time, while the term of Klarna Installment Purchase on the promotional terms can vary between, for example, 3, 6, 12, 24 and 36 months. The account management fees are 1.95 euros per month. The customer has the right to repay the loan early at any time, in whole or in part. The number of partial payments and their amount is determined in connection with the purchase and the loan agreement that is sent to the customer's home address. The repayment of Klarna installment purchase on the basic terms must be at least 1/24 of the total debt per month, but not less than 6.95 euros. The number of installments is therefore based on the amount of payments made by the customer. With regard to the Klarna installment purchase basic conditions, the variable annual interest rate is 14.95%. For example, for a purchase of 1,500 euros (net loan amount) that is paid off within 12 months and a monthly processing fee of 1.95 euros, the effective annual interest rate is 18.1%. With regard to the Klarna Installment Purchase Promotion Terms, the effective annual interest rate varies and depends on the terms and conditions of Klarna AB in force at the time of conclusion of the contract. In all other respects, Klarna's general terms and conditions apply: Klarna's general terms and conditions for instalment purchase can be found on the following website: http://www.klarna.se/pdf/Vertragsbedingungen.pdf Information on the Klarna installment purchase agreement in the form of the European standard information for consumer loans can be found on the following website: http://klarna.de/SIFDE10 standardisierte_europaeische_verbraucherkreditinformation.pdf
5 Offsetting; Right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or acknowledged by us or is closely synallagmatic to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) By way of exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but have not been delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of unavailability of the goods, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are described only in terms of their nature and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the following shall apply in addition:
- We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.
- In principle, the products displayed in our webshop are aimed at private individuals. Consequently, you are not allowed to resell the goods in the ordinary course of business. However, as an entrepreneur within the meaning of §14 BGB, we are allowed to use our products for cosmetic services under trained and professional application.
-With the purchase of our products, there are no claims to the Glitterbels brand. In addition, it may not be used for marketing purposes unless permission has been granted.
7 Cancellation Policy
In the event that you are a consumer within the meaning of 13 BGB, i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
First/last name:
Company:
Address:
E-mail:
Phone:
Fax:
inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us [or, if applicable, to the name and address of a person authorised by you to receive the goods] without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You will bear the direct costs of returning the goods.
They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
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Sample withdrawal form
If you wish to withdraw from the contract, please fill out this form and return it.
On
Glitterbels Germany UG (haftungsbeschränkt) Leipziger str. 72 halle 4/5 63571 Gelnhausen Germany
contact@glitterbels-europe.com
I/we (_________) hereby revoke the contract entered into by me/us (__________) for the purchase of the following products: Ordered on (__.__.____)/received on (__.__.____) Invoice number: Name of consumer(s): Address of the consumer(s):
Signature of the consumer(s) (only if notified on paper)
Date
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End of the cancellation policy
(1) The right of revocation does not apply to delivery
- 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,
- sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- goods if they have been inseparably mixed with other goods after delivery due to their nature,
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damage due to defective packaging.
(3) Please notify us in writing by e-mail of the return under contact@glitterbels-europe.com. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (§433 et seq. of the German Civil Code).
(2) If you are a consumer within the meaning of 13 BGB, the liability period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligation), as well as to claims due to other damages resulting from an intentional or grossly negligent breach of duty by the user. or its vicarious agents.
(3) In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code.
(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding on the quality of the goods, but not public praises and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 3 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. In the event of a breach of the duty to inspect and to complain, the assertion of warranty claims is excluded.
- In the event of defects, we provide warranty at our discretion by repair or replacement delivery (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from the delivery of the goods.
10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
11 Alternative dispute resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without the involvement of a court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
(2) We will endeavour to resolve any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in arbitration proceedings and do not offer them.
12 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions in all other respects.
(2) Contracts between us and you are exclusively governed by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory consumer law provisions of the country in which you habitually reside remain unaffected by the choice of law (in particular with regard to the conclusion of a contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of jurisdiction is for all disputes arising from or in connection with contracts between us and you.
Status: [May,2021]
Platform of the EU Commission for online registration:
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

