TERMS OF SERVICE
1. SCOPE AND SUPPLIERS
For all orders via the online shop CONE, the following terms and conditions apply. The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted. Decisive is the version of the general terms and conditions valid at the time of the order.
You can view the currently valid terms and conditions on the website http://www.conecosmetics.com/conditions retrieve and print.
2. CONTRACTUAL PARTNER AND CONCLUSION OF CONTRACT
The purchase contract comes about with the company Highlight GmbH, which takes over the distribution of the brand CONE. 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 invitation to order goods in the online shop.
By clicking on the button "Buy Now" you submit a binding purchase offer (§145 BGB).
After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet. 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 acceptance.
A binding contract can already be concluded as follows: If you have selected a credit card payment, the contract is concluded at the time of the credit card debit. If you have chosen the payment method PayPal, the contract is concluded at the time of the confirmation of the payment order to PayPal. If you have selected the payment method Instant bank transfer, the contract is concluded at the time of confirmation of the payment order to the immediately AG.
3. CORRECTNESS OF THE INFORMATION
We always strive to describe our products and services on the website as accurately as possible. However, we do not warrant that the product descriptions, colors, information, or other content available on the Site will be accurate, reliable, current, or error-free. Your legal rights remain unaffected, of course.
The prices stated on the product pages include VAT and other price components. In addition to the stated product prices, the respective shipping costs for the place of dispatch are added. More about the amount of shipping costs can be found on the page http://www.conecosmetics.com/delivery .We reserve the right to adjust the shipping costs.
5. PAYMENT TERMS AND DELAY
In our shop the following payment methods are available:
- Payment in advance
- Credit Card
The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
When selecting the payment method in advance, we will give you our bank details in the order confirmation and ship the goods after receipt of payment. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
6. SETTLEMENT / RETENTION LAW
You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you. The goods remain our property until full payment of the purchase price.
Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for 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, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
8.RIGHT OF WITHDRAWAL
In the event that you are a consumer within the meaning of § 13 BGB, ie make the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must contact us CONE - Highlight GmbH, Frankenstrasse 16, 90762 Fuerth E-Mail: firstname.lastname@example.org
by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached BLANK REJECTION FORM , but it is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we 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 fees.
We can refuse the repayment until we get the goods back.
You must return the goods to us immediately and in any event not 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 expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion or extinction reasons
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
The right of withdrawal expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with 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 transport damage, in order to avoid claims for damages due to defective packaging.
9. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to make a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or transport insurance
10. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - contrary to the statutory provisions - is one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
The statutory provisions apply to the warranty.
If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
For the nature of the goods are only our own information and the product description of the manufacturer is binding, but not public rates and statements and other advertising of 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 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, 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 rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
11. CONTRACTUAL LANGUAGE AND CONTRACT TEXT STORAGE
The languages available for the conclusion of the contract are exclusively German. The contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
12. DATA PROTECTION
13. FINAL PROVISIONS
Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
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.
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 out of or in connection with contracts between us and you.
14. APPLICABLE LAW