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Consumer is any natural person who concludes a legal transaction for purposes that can not be attributed primarily to their commercial or independent professional activity.
You have the right to cancel this contract within fourteen days without stating your reasons.
This cancellation period of fourteen days begins on the day
– On which you or a third party that you have declared and that is not the carrier have received the products, provided that you have ordered one or more products within one single order and all products within this order are delivered together;
– On which you or a third party that you have declared and that is not the carrier have received the last product or final part of the delivery, provided that you have ordered several products within one single order and these are delivered separately
– On which you or a third party that you have declared and that is not the carrier have received the last partial delivery or the last product, provided that you have ordered a product which is delivered within several partial deliveries or in separate parts;
In order to make use of your cancellation right, you must inform us (B&A Before and After Cosmetics, Heinrich Stahl Str. 22, 65934 Frankfurt am Main, Germany) via a clear declaration (e.g. a postal letter or E-Mail to firstname.lastname@example.org) of your decision to revoke this contract. You may use the model cancellation form supplied below, but you do not have to do this.
In order to adhere to the cancellation period it is sufficient that you inform us of your exercising your cancellation right before the cancellation period expires.
Consequences of the cancellation
Once you have revoked the contract, we must reimburse any payments made by you, including delivery charges (except for extra costs resulting from you selecting any delivery option other than the cheap standard delivery offered by us), immediately and within a maximum of fourteen days after we receive notice of you revoking the contract. For this reimbursement, we will use the same payment method chosen by you for the initial transaction, unless something else was explicitly agreed with you; in no case will you incur any fees due to this reimbursement.
We reserve the right to refuse a reimbursement until we have received the products back or until you have supplied us with evidence of you having returned the items via post. If you send the items back before expiry of the fourteen day deadline, this deadline is retained.
You are liable to carry the immediate cost for returning the products.
You are only liable for a potential decrease in product value if this decrease in value can be ascribed to you using the product in a way not necessary for assessing its nature, properties and functionality.
The cancellation right is not given for contracts
– Concerning the delivery of products which are not pre-manufactured and require an individual selection or definition by the consumer, or that are distinctly tailored to the consumer’s individual needs;
– Concerning the delivery of products, that may go out of date quickly or that may spoil quickly
– Concerning the delivery of alcoholic beverages for which a price was agreed upon the formation of the contract, but that cannot be delivered until 30 days after the formation of the contract and where their current value depends on fluctuations within the market out of the contractor’s control;
– To deliver newspapers, magazines or pictorials with the exception of subscription contracts.
The cancellation right expires prematurely for contracts
– Concerning the delivery of sealed products that are not suited to be returned due to health and safety or hygiene reasons, provided the seal was broken after delivery;
– Concerning the delivery of products if they have been inextricably mixed with other products due to their nature after delivery;
– Concerning the delivery of audio or video material or computer software in sealed packaging, provided the seal was broken after delivery.
If you withdraw from this contract, we are obliged to reimburse all payments received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which we have received the notification of your revocation of this contract. For this reimbursement, we will use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment.
We reserve the right to reimburse you until we have received the items back, or until you have provided us with evidence that you have sent the items back, whichever is the earlier. You must return or hand over the goods to us at Before and After Cosmetics, Heinrich Stahl Str. 22 65934 Frankfurt / Main without delay and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You are liable to carry the immediate costs of returning the goods. You are only liable for a potential decrease in product value if this decrease in value can be ascribed to you using the product in a way not necessary for assessing its nature, properties and functionality.
This right of withdrawal does not apply to the delivery of products which are not pre-manufactured and require an individual selection or definition by the consumer, or that are distinctly tailored to the consumer’s individual needs (e.g. personalised products showing your photo or name), sealed products that are not suited to be returned due to health and safety or hygiene reasons, provided the seal was broken after delivery.
(2) Please avoid damage and contamination. If possible, send back the products in their original packaging including all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to insufficient packaging. (3) Before returning items, please call us using the number +49 (162)9754625 or write to email@example.com in order to announce your return. This way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of your right of withdrawal.
- 8 Transit damage
(1) In the case of products being delivered with obvious transit damage, please report this to the carrier immediately, and contact us as soon as possible.
(2) Failure to file a complaint or contact has no consequences for your statutory warranty rights. However, you help us assert our own claims against the carrier or transport insurance.
- 9 Warranty
(1) Unless explicitly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433ff. BGB).
(2) If you are a consumer as defined in § 13 BGB, the period of limitation for warranty claims for used items is one year, deviating from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party can regularly rely (cardinal duty) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Incidentally, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur as defined by § 14 BGB, the statutory provisions apply including the following modifications. For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer. You are obliged to inspect the products immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the products. In order to stay within the deadline, dispatching the items on time is sufficient. This also applies to later discovered hidden defects from the moment of discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded. In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the products to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the products. If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
- 10 Liability
(1) Unlimited liability:
We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of people.
(2) Incidentally, the following limited liability applies:
In case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance, you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected.
This limitation of liability also applies in favour of our vicarious agents.
- 11 Alternative Dispute Resolution: The EU Commission has made a platform available for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes related to their online orders initially without the intervention of a court of law. The Dispute Settlement Platform is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration and unfortunately cannot offer you participation in such a procedure.
- 12 Closing Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Sales Convention”). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of Feb, 2020