Allgemeine Geschäftsbedingungen

§ 1 Scope, Definitions

(1) These terms and conditions apply to all contracts concluded between us and our customers which are entered into by consumers or entrepreneurs via the internet portals or in any other form. In the case of contracts concluded by telephone, the consumer will be informed of the applicability of these General Terms and Conditions (GTC); in business transactions with entrepreneurs, these GTC will be incorporated into the ongoing business relationship upon the first order.

(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession; a partnership with legal capacity is a partnership which is endowed with the capacity to acquire rights and incur liabilities.

(3) Deliveries are made exclusively on the basis of these terms and conditions. Conflicting and/or deviating terms and conditions shall only apply if confirmed in writing. By placing an order, the customer acknowledges these GTC.

§ 2 Offer and Conclusion of Contract

(1) Our offers are non-binding. By placing an order, the customer submits a binding offer. You are bound by your offer for 10 days.

(2) Conclusion of contract

(2.1.) Conclusion of contract for orders via the online shop
You may select products from the range in our online shop, in which we offer our goods, via the “buy” button and collect them in a so-called shopping cart. After entering all data, the order will be displayed once again. By clicking the “buy” button on this page, you submit a binding offer to purchase the goods contained in the shopping cart. Before you submit a binding offer by clicking the “buy” button, you may view and amend the order data at any time or cancel the order process. However, you may only submit and transmit your offer if you have accepted these contractual provisions by clicking the button “I have read the General Terms and Conditions and hereby accept them” and thereby included them in your offer. Your order constitutes a binding offer to us to conclude a purchase contract. When you place an order with us, we will send you an email confirming receipt of your order with the details (order confirmation). This order confirmation does not constitute acceptance of your offer by us, but merely informs you that your order has been received.

(2.2.) Telephone orders
Your telephone order constitutes a binding offer to conclude a purchase contract for the goods ordered. When you place an order with us, we will send you an email confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer by us, but merely informs you that your order has been received.

(3) Declarations of acceptance, warranties and all other agreements require our written confirmation in order to be legally effective. Such confirmation is deemed given if we confirm the order to the customer in writing (email is sufficient) or send our invoice to the customer. Confirmation of receipt of the order does not yet constitute acceptance of the binding order.

(4) If we accept the offer on altered terms, for example at a different price, such acceptance shall be deemed an offer to conclude a modified contract (§ 150 para. 2 German Civil Code – BGB). In such a case, a consumer may accept the offer within 14 days either expressly or impliedly – for example, by accepting the goods without objection or by email. In this respect, we waive the requirement of receipt of the customer’s declaration of acceptance (§ 151 BGB). If the customer is an entrepreneur and does not object to the modified offer within 3 days of its receipt, the offer shall be deemed accepted, unless, due to a substantial deviation from the original order, we could not reasonably expect acceptance of the modified offer.

(5) No contract shall be concluded if an offer made by us contains obvious typing errors or other incorrect information relating to the properties or the price of the product. We must prove to the customer that there is a typing error or incorrect information. If the customer is a consumer, we are fully liable for all statements regarding the condition of the goods within the meaning of § 434 para. 1 sentence 3 BGB; in particular, the consumer may rely on the accuracy of the product information provided by us.

(6) Customer group / commercial use
Our online shop is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who, when entering into the legal transaction, act in exercise of their trade, business or profession.
Sale to consumers within the meaning of § 13 BGB is excluded. By placing an order, the customer declares that he or she is placing the order in the exercise of his or her trade, business or profession and is not a consumer.

§ 3 Shipping and Duty of Inspection

(1) Delivery is made to the delivery address specified by the customer. If the customer is an entrepreneur, the risk passes, upon delivery of the goods to the carrier or other person designated to perform the shipment, to the customer (§ 447 BGB); if the customer is a consumer, the risk of accidental loss and accidental deterioration passes only upon handover of the goods to the customer or from the time of default of acceptance (§ 474 para. 2 BGB).

(2) We endeavour to deliver the goods as quickly as possible; delivery periods are generally subject to timely and sufficient self-supply. Subject to the priority of any provable individual agreement, only delivery dates agreed in writing are deemed binding in cases of doubt.

(3) All items that are immediately available from stock are generally dispatched within 48 hours after fulfilment of the conditions set out in § 4 no. 1 (crediting of the invoice amount or of the prepayment). Delivery of the available goods to the address specified by the customer generally takes place 2–3 days after handover to the parcel service/forwarding agent.

(4) The customer must inspect the goods immediately after delivery as to their quality and for defects. The rights of the consumer under §§ 434 et seq. BGB are not restricted in the event of a breach of this duty; however, such a breach may result in contributory negligence on the part of the consumer in individual cases (§ 254 BGB). An entrepreneur must notify us of obvious defects immediately after delivery of the goods and of hidden defects immediately after discovery or when they could objectively have been discovered. § 377 German Commercial Code (HGB) remains unaffected.

§ 4 Prices and Shipping

(1) If the customer is a consumer, the prices shown are gross prices including the applicable statutory VAT. If the customer is an entrepreneur, the prices shown are net prices plus the applicable statutory VAT. The purchase price may be paid either in advance or cash on delivery (plus cash-on-delivery charges). For payment by cash on delivery, an advance payment of €150.00 must be made unless the value of the goods is lower.

(2) The customer bears the shipping costs for the goods. Depending on the shipping method, shipping costs are calculated based on size, weight, distance and number of packages. For international shipping, any customs duties or other country-specific charges are added and must also be borne by the customer.

(3) The shipping method, shipping route and the company commissioned with the shipment are determined at our discretion, unless there are express instructions from the customer. Such instructions require written confirmation.

(4) No transport insurance will be taken out unless requested by the customer. Any costs incurred for this shall be borne by the customer.

(5) Delivery of the goods is made DAP in accordance with INCOTERMS 2020, unless otherwise agreed in the individual case.

§ 5 Default / Compensation

(1) If the customer does not accept the goods within a reasonable period set for that purpose, refuses acceptance without being entitled to do so, or expressly declares that he or she does not wish to accept the goods, we may withdraw from the contract and claim damages for non-performance. The same applies if the customer is in default of payment of the invoice or parts thereof. In these cases, we may demand 25% of the order price as compensation from the customer, whereby the customer is expressly permitted to prove that no damage has occurred at all or that the damage is significantly lower than the lump sum claimed.

(2) The customer is liable, during default of acceptance or payment, for any negligence and for accidental loss of the goods made available by us or already delivered (§ 287 BGB). If the customer does not accept the properly delivered goods – without, in the case of a consumer contract, exercising any right of withdrawal or return – he or she shall, in the event of default of acceptance, owe in particular the additional expenses incurred, such as any additional express delivery costs due to repeated delivery attempts or any storage and administration costs (§ 304 BGB). Default of acceptance shall in particular be deemed to exist if the customer is not personally present at the specified delivery address at the specifically agreed time of performance. If the customer seriously and unjustifiably refuses acceptance, we may withdraw from the contract and, in particular, assert the lost profit as damages (§ 325 BGB). The above provisions on the lump-sum compensation shall also apply.

§ 6 Set-off, Assignment and Right of Retention

(1) The customer is entitled to set-off only if his or her counterclaims have been finally adjudicated or have been acknowledged by us in writing.

(2) The assignment of a claim of the customer against us is only legally effective with our consent or approval; § 354a HGB remains unaffected.

(3) The customer is entitled to exercise a right of retention only insofar as his or her counterclaim is based on the same contractual relationship.

§ 7 Retention of Title

The delivered goods remain our property until payment has been made in full. Until the claims arising from the retention of title have been fulfilled, the items covered by the retention of title may not be resold, rented, loaned, gifted or given to third parties for repair; this shall not affect the consumer’s right to have defects remedied if we are in default with the statutory subsequent performance. If the customer does not meet his or her due obligations arising from the retention of title, we may withdraw from the contract after setting a reasonable deadline and demand return of the goods subject to retention of title, and, after prior warning within a reasonable period, realise them in the best possible way by private sale, offsetting the proceeds against our claim. The customer shall bear all costs of the repossession and realisation of the goods subject to retention of title.

§ 8 Cancellation Policy

Right of withdrawal

If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, BEAUTEK GmbH, Numbachstraße 58, 57072 Siegen, Telephone number: , Email address: vertrieb@beautek.de, by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form or submit another clear statement electronically on our website (www.beautek.de). If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Business customers are excluded from this right of withdrawal. BEAUTEK reserves the right, as a gesture of goodwill, to accept returns of orders within 14 days of delivery. The following conditions apply: (1) The goods must be in perfect, unused and resaleable condition; (2) The value of the goods will be credited to the BEAUTEK customer account, less a handling fee currently amounting to 10%; a refund to the original means of payment is excluded; (3) The goods must be shipped at the customer’s own expense and on the customer’s own responsibility to BEAUTEK GmbH, Numbachstraße 58, 57072 Siegen. Goods that are not in perfect condition and/or have already been used are excluded from return. BEAUTEK reserves the right, after inspection of the goods and a finding of insufficient condition, to return such goods to the sender.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments that we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive 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 repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees on account of this repayment. We may refuse repayment 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 without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

The costs are estimated at €10.00 plus statutory VAT for parcel shipments and at a maximum of €200.00 plus statutory VAT for freight shipments, depending on size and weight.
You are only liable for any diminished value of the goods if such loss in value is due to handling of the goods that is not necessary for examining the quality, characteristics and functioning of the goods.

The right of withdrawal for hygiene products bearing a seal is restricted in accordance with § 312 g para. I no. 3 BGB. Once the seal of hygiene articles has been opened, such goods are excluded from withdrawal and return. As long as the hygiene seal is intact and the goods are unused and in their original packaging, the right of withdrawal to which the customer is entitled exists in full in accordance with our cancellation policy.

End of the cancellation policy

§ 9 Duties to Cooperate

(1) The customer is obliged to support us and the partners commissioned by us to the best of his or her ability. In the event of return of goods, whether due to a complaint or a validly exercised right of withdrawal, the customer alone is responsible for proper packaging of the goods. Packaging should, if possible, be the original packaging or similar to the original packaging in order to ensure safe return transport. Return of goods shall take place, after prior consultation with us, by post, parcel service or forwarding agent.

(2) In the event of unjustified refusal to accept the goods, we are entitled to charge the customer a flat fee of €50.00 for all costs incurred, whereby the customer is entitled to prove that no damage or reduction in value has occurred at all or that it is significantly lower than the flat fee.

(3) In the event of transport damage (e.g. damaged packaging material, etc.), the customer must notify us of such damage without undue delay, at the latest within 24 hours of receipt, and record the transport damage on the delivery note of the carrier/freight forwarder or reject the delivery with reference to possible damage. In such a case, the customer must support us to the best of his or her ability in asserting claims against the relevant transport company.

§ 10 Liability for Defects and Manufacturer’s Warranty

The statutory provisions shall generally apply to material defects in the goods. This means that the customer may initially demand subsequent performance, i.e. at his or her choice, replacement delivery or repair. If the further statutory requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the goods, the provisions set out in § 11 shall apply in addition to the statutory requirements. The limitation period for liability for defects towards consumers is 2 years for new goods and 1 year for used goods. If the customer is an entrepreneur, the limitation period for liability for defects is 1 year, even for new goods. Consumables and wear parts which, due to use, must be replaced regularly, such as batteries or power cables, are excluded from this warranty. If we offer longer limitation periods for defects seasonally and/or for a limited time in our shop, these shall apply to contracts concluded with us during such period. If the customer is a consumer, the limitation period commences upon receipt of the goods; for entrepreneurs, upon provision of the goods or handover to the forwarding agent. Any warranty granted by the manufacturer does not extend the limitation period. In the event of a justified and timely notice of defects, return/return shipment of the goods for examination and handling of the notice of defects shall take place, at our discretion. Please contact us before returning goods. As the costs of an unfree (carriage forward) return shipment are disproportionately high, we only accept prepaid returns. Unfree returns will not be accepted. In this case, the customer shall bear the costs of return shipment.

§ 11 Liability

(1) We shall be liable for grossly negligent and intentional breaches of duty, as well as for simply negligent injury to life, body or health. If the customer is an entrepreneur, liability for non-intentional acts is limited to damage which is typical for the contract and foreseeable at the time the contract is concluded.

(2) In the event of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the damage typical for the contract and foreseeable at the time the contract is concluded. This limitation does not apply to injury to life, body or health. We are not liable for other damage caused by a defect in the purchased item as a result of slight negligence. Any liability for pre-contractual fault (culpa in contrahendo) or under the Product Liability Act remains unaffected.

(3) Irrespective of any fault on our part, any liability in the event of fraudulent concealment of a defect or arising from the assumption of a guarantee or assurance remains unaffected. The manufacturer’s warranty is a warranty granted by the manufacturer and does not constitute an assumption of a guarantee by us.

(4) If a circumstance for which we are not responsible (e.g. strike, lockout, war, natural disasters, piracy, sinking of ships, other unavoidable transport accidents, etc.) affects the observance of agreed delivery dates, we may demand a reasonable extension of the deadline or withdraw from the contract.

§ 12 Use of Data

All personal data is treated by us as strictly confidential. Personal customer data is passed on to third parties exclusively for the purpose of processing orders. The customer agrees that the data necessary for the processing of the business transaction may be stored and that we may send the customer further offers, information, etc. The customer may refuse such consent and may revoke it with effect for the future.

§ 13 Links

Our pages contain links to other websites on the internet. For all these links, the following applies: we have no influence whatsoever on the design and content of the linked pages. We therefore expressly distance ourselves from all content on all third-party pages linked to and do not adopt such content as our own. This declaration applies to all links provided and to all content of the pages to which the links lead.

§ 14 Miscellaneous

(1) All contracts concluded with us are subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For all present and future claims arising from the business relationship with entrepreneurs, including claims arising from bills of exchange and cheques, the place of jurisdiction shall be our registered office; the same shall apply in relation to consumers if the customer has no general place of jurisdiction in Germany, moves his or her place of residence or habitual residence abroad after conclusion of the contract, or if his or her place of residence or habitual residence is unknown at the time the action is brought.

(3) In business transactions with entrepreneurs, the joint place of performance of the parties is the registered office of our company.

(4) Should any of the above provisions be ineffective, this shall not affect the validity of the remaining provisions.

§ 15 Payment

The following payment methods are generally available in our shop:

Advance payment
If you select the advance payment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered with PayPal in order to pay the invoice amount, or you must first register and legitimise yourself with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. Further information is provided during the order process.

Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. Once you have confirmed the payment instruction and been authenticated as the legitimate cardholder, the payment transaction will be carried out by your credit card company at PayPal’s request and your card will be charged. Further information is provided during the order process.

Direct debit via PayPal
If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal of the date on which your account will be debited (so-called prenotification). Under submission of the direct debit mandate immediately after confirmation of the payment instruction, PayPal will request its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited. Further information is provided during the order process.

Invoice via PayPal
If you have chosen the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After a successful address and credit check and after you have submitted your order, we assign our claim to PayPal. In this case, you may only make payment to PayPal with debt-discharging effect. For payment processing via PayPal, the PayPal Terms and Conditions and Privacy Policy apply in addition to our GTC. Further information and the full PayPal Terms and Conditions for purchase on account can be found here.

Financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you instalment purchase as a payment option. Please note that Klarna instalment purchase is only available for consumers and that payment must be made to Klarna.
With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna instalment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account