Deutsch
General Terms and Conditions
by waxness.de, Pestalozzistrasse 25, DE-22305 Hamburg hereinafter referred to as the Seller.
- § 1 General Provisions, Scope
- § 2 Conclusion of Contract
- § 3 Right of Withdrawal
- § 4 Prices and Payment Conditions
- § 5 Shipping Conditions
- § 6 Retention of Title
- § 7 Warranty for Defects
- § 8 Applicable Law
- § 9 Alternative Dispute Resolution
§ 1 General Provisions, Definitions
1.1. The Seller waxness.de, owner Laurentiu Rusen, offers hair removal products primarily through the online shop on the website www.waxness.de. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in their version valid at the time of ordering.
1.2. Consumer means any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
1.3. Individual contractual agreements take precedence over these GTC. Deviating, conflicting, or supplementary terms and conditions will not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of Contract
2.1. The presentation of goods on the Seller's website does not constitute a legally binding offer, but merely an invitation for the customer to submit an offer in the legal sense. The ordered goods may deviate slightly within reasonable limits from the goods shown on the Internet due to technical presentation options, particularly in terms of color variations, as far as this is reasonable.
2.2. The customer's order can be placed via the Seller's website. The customer submits a binding offer by completing the online ordering process with the requested information and clicking the "Order with obligation to pay" button in the final step.
2.3. The Seller will promptly confirm receipt of the customer's order by email. This acknowledgment of receipt does not constitute acceptance of your offer but is intended only to inform you that your order has been received by us. You will receive all customer information from us by the time of delivery, which you should print out for your records.
a) The purchase contract is only concluded by sending the items you have ordered.
2.4. The conclusion of the contract is subject to the reservation that if there is incorrect or improper self-supply, delivery may not take place or may only take place in part. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. Otherwise, the consideration will be refunded promptly. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately.
2.5. If the customer orders the goods electronically, the contract text will be saved by the Seller and sent to the customer by email after the conclusion of the contract, together with the legally effective incorporated GTC.
2.6. The conclusion of the contract takes place exclusively in the German language.
2.7. The order processing and communication usually occur via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered when using SPAM filters.
2.8. If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller already accepts the customer's offer at the time when the customer clicks the button that completes the ordering process.
§ 3 Right of Withdrawal
3.1. If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
3.2. If you, as a consumer, exercise your right of withdrawal pursuant to Clause 3.1, you shall bear the regular costs of returning the goods.
For more information on the right of withdrawal, please refer to the Seller's withdrawal policy.
§ 4 Prices and Payment Conditions
4.1. The prices of waxness.de are quoted ex warehouse in Hamburg. Unless otherwise stated, waxness.de is bound by the prices contained in its offers for 30 calendar days from the date of the written acceptance declaration issued by waxness.de to the customer. Otherwise, the prices stated in the order confirmation from waxness.de shall prevail, plus the applicable statutory value added tax.
4.2. Payment of the purchase price shall be made exclusively in accordance with the payment conditions specified in the order forms or in the online shop (e.g., cash on delivery or bank transfer).
4.3. For chargebacks caused by the customer, such as due to insufficient account coverage, the customer shall bear the bank charges incurred in the amount of 12.50 euros.
4.4. The available payment methods will be communicated to the customer in the Seller's online shop.
4.5. If payment is agreed in advance by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6. When selecting a payment method offered through the payment service "PayPal," the transaction will be processed through PayPal, which may also use the services of third-party providers. If the seller offers payment methods where they make advance payments (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the payment service provider commissioned by PayPal. Before accepting the assignment, PayPal or the commissioned payment service provider conducts a credit check. The seller may reject the selected payment method in the event of a negative credit check result. If the payment method is accepted, the customer must pay the invoice amount within the agreed period or intervals. In this case, payment must be made only to PayPal or the commissioned payment service provider, with discharging effect. Despite the assignment of claims, the seller remains responsible for general customer inquiries regarding the goods, delivery, returns, etc.
4.7. When selecting the payment method "SOFORT," the transaction is processed through the payment service provider SOFORT GmbH, located at Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). The customer must have an online banking account activated for the use of "SOFORT," authenticate accordingly, and confirm the payment instruction to "SOFORT" to pay the invoice amount. The payment transaction is immediately executed by "SOFORT," and the customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the website at https://www.klarna.com/sofort/.
§ 5 Shipping Terms
5.1 If the seller offers shipping of the goods, delivery will be made to the delivery address provided by the customer within the delivery area specified by the seller, unless otherwise agreed. During the transaction process, the delivery address provided in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred for the seller. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. Regarding the return costs, the regulation made in the seller's withdrawal policy applies when the customer effectively exercises their right of withdrawal.
5.3 If the customer is a business entity, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. However, contrary to this, the risk of accidental loss and deterioration of the sold goods also passes to the customer, even if they are a consumer, as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, provided that the customer has instructed the carrier, freight forwarder, or other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract if self-supply is not carried out correctly or properly. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded promptly.
5.5 For logistical reasons, self-collection is not possible.
§ 6 Retention of Title
6.1. waxness.de reserves the right of ownership of the delivered goods until full payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the buyer behaves in breach of the contract.
6.2. The exercise of the retention of title as well as the seizure of the delivered items by waxness.de does not constitute withdrawal from the contract unless the provisions of the Consumer Credit Act apply or waxness.de expressly declares this in writing.
§ 7 Warranty for Defects
7.1. The effect of the delivered items depends on the individual genetic predisposition and hormone balance of the treated person as well as the applied technique. Therefore, specific statements about the number of required treatments or the period in which the hair in the treated area is reduced or removed cannot be generalized. If the described effect fails to materialize, this does not constitute a defect in the delivered items.
7.2. Warranty and liability for material or legal defects in the advertising texts, images, and other materials provided by waxness.de are excluded if the customer modifies them or uses them with their own texts. Liability for intent and gross negligence remains unaffected.
7.3. The statutory warranty period applies. The buyer must immediately examine the goods received for any defects and must notify waxness.de of obvious defects immediately, but no later than two weeks after receipt of the delivery items, in writing. Hidden defects that cannot be discovered even with careful examination within this period must be reported to waxness.de immediately, but no later than two weeks after discovery, in writing. The delivery items or the defective part must be sent for inspection immediately, but no later than two weeks after timely notification of the defect to Laurentiu Rusen (waxness.de), Eitnerweg 16, 22339 Hamburg, Germany. The cost of proper shipment is borne by waxness.de if the defect notification proves to be justified.
7.4. waxness.de assumes no liability for claims for damages resulting from the use of the products.
§ 8 Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
§ 9 Alternative Dispute Resolution
The European Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
As of: 23.03.2024