Terms of Service

1. SCOPE

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur 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 independent professional activity.

2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with DietzSchmitt Cosmetics GmbH & Co.KG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. TERMS OF DELIVERY

Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

5. PAYMENT

The following payment methods are generally available in our shop:

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

Credit card
When placing the order, enter your credit card details. Your card will be charged immediately after placing the order.

SEPA Direct Debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Sofort was clear
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.

giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.

6. RESERVATION OF TITLE

The goods remain our property until full payment.

7. TRANSIT DAMAGE

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. WARRANTY AND GUARANTEES

Validity of the statutory right to liability for defects

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health
* in the case of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed, or
* as far as the area of application of the Product Liability Act is open.

Restrictions on Consumers

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

Guarantees and after-sales service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9. LIABILITY

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health,
* in the event of intentional or grossly negligent breach of duty,
* for guarantee promises, if agreed, or
* as far as the area of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/] Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Terms and conditions created with the Trusted Shops [https://legal.trustedshops.com/] Legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].

 

right of withdrawal
1.1. Right of Withdrawal & Instructions
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information based on the statutory template below. The exceptions to the right of withdrawal are in paragraph number

1.2 regulated. A model cancellation form can be found in Section 1.4.
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must send us (DietzSchmitt Cosmetics GmbH & Co.KG, Honnefer Str.68, 53572 Unkel, info@frauschmitz-beauty.de, +49 2246 2087299) a clear statement (e.g. an letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You have to send the goods to DietzSchmitt Cosmetics GbR, Walzenrather Str. 4, 53797 Neunkirchen, info@frauschmitz-beauty.de, + 49 2246 2087299) to send back or hand over to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is not due to an examination of the nature, characteristics and functioning of the goods to an extent that is not necessary.

End of revocation

1.2 (Exclusion of the right of withdrawal)
In particular, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal was removed after delivery (§ 312g Para. 2 No. 3 BGB). The statutory provisions also apply in all other respects.

1.3 (Notes)
returns

The modalities mentioned in this section "Returns" are not a prerequisite for the effective exercise of the right of withdrawal.

Customers are asked to report the return to the seller before returning it to DietzSchmitt Cosmetics GbR, Walzenrather Str. 4, 53797 Neunkirchen, info@frauschmitz-beauty.de, +49 2246 2087299) to announce the return. In this way, they enable the seller to allocate the products as quickly as possible.
Customers are asked to send the goods back to the seller as a stamped package and to keep the proof of posting.

Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the buyer's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.