GENERAL TERMS AND CONDITIONS

AGB - General Terms and Conditions

 

§ 1 Basic provisions

1 The following terms and conditions of business apply to contracts, which you conclude with us as provider (EpilaDerm International - Kim Wium-Andersen e.K.)via the Internet pages www.epiladerm.com or www.epiladerm.shop or by telephone via +49 4392 4009280 or digitally via e-mail to customerservice@epiladerm.com or shop@epiladerm.com or academy@epiladerm.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted.

2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion and content of the order

1. all deliveries, services and offers of EpilaDerm International - Kim Wium-Andersen e.K., Breslauer Ring 2, D-24589 Nortorf (hereinafter referred to as EpilaDerm International) are made exclusively in accordance with the respective order and the respective valid terms and conditions of purchase and under inclusion of these General Terms and Conditions of Business, which also apply to all future orders between the Customer and EpilaDerm International, even if they have not been expressly agreed again.

2) EpilaDerm International reserves all property rights and copyrights to quotations, products, content and other documents.

The purchaser may only make documents or files available to third parties with the prior written consent of Kim Wium-Andersen (Chief Executive Officer of EpilaDerm International) and must be returned immediately on request if the order is not placed.

3. EpilaDerm International's product and service offers outside our Online Shops do not constitute a contractual offer in the sense of § 145 BGB (German Civil Code), but merely an "invitatio ad offerendum", and are non-binding and subject to change without notice until the written declaration of acceptance issued by EpilaDerm International to the Customer. A legally binding contract is therefore only concluded between the Customer and EpilaDerm International after EpilaDerm International has sent the Customer either a written confirmation (fax with signature, letter with signature, email with signature) or a confirmation by telephone (acceptance of order by telephone) in response to the Customer's order offer. In case of immediate delivery the written order confirmation can be replaced by the invoice of EpilaDerm International.

4. already with the placement of the respective product in our online shop we submit to you as a consumer a binding offer to conclude a contract under the conditions stated in the item description and in the shop. The contract is concluded via the online shopping cart system. By submitting the order via the button "order subject to payment" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser.

5 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

6. the illustrations, drawings, advertising material, bonus labels, dimensions, weights or other performance data relating to the goods are only binding if this has been expressly agreed in writing.

7. changes in construction and/or formulation and/or shape and/or design and/or colour and/or taste and/or odour and/or consistency and/or shelf life limits

are reserved to EpilaDerm International and do not entitle the purchaser to make a complaint or to withdraw from the purchase, unless the change objectively represents a material defect or the

change, taking into account the interests of EpilaDerm International, should not be reasonable for the purchaser.

 

§ 3 Prices and payment

1. the prices of EpilaDerm International are ex warehouse 82538 Gelting-Geretsried. Unless otherwise stated, EpilaDerm International shall be bound by the prices quoted in its quotations for 30 calendar days from the date of the written declaration of acceptance issued by EpilaDerm International to the Customer. Otherwise the prices stated in EpilaDerm International's order confirmation plus the applicable statutory value added tax shall apply.

2. the prices listed in our online shop are net prices for entrepreneurs plus the respectively valid VAT. For consumers, the prices are displayed including VAT.

3. the purchase price payment has to be made exclusively in accordance with the payment conditions stated in the order forms or in the online shop (e.g. advance payment or online payment services).

4. if the due date of the purchase price has not already been determined according to § 2 number 2, the purchase price is otherwise due for payment immediately upon receipt of the invoice issued by EpilaDerm International. Should the Purchaser not have paid the purchase price by the 10th day after the invoice date at the latest, he shall be in default of payment without a reminder on the 11th day after the invoice date.

EpilaDerm International will charge at least the statutory default interest, i.e. 5% p.a. above the respective base rate of the European Central Bank for all purchases that are not commercial transactions and 8% p.a. above the base rate for commercial transactions in terms of the German Commercial Code (HGB). The interest on arrears can be set higher if a higher interest rate is proven.

5) The customer may only offset the purchase price against such claims that are undisputed or have been legally established. The purchaser is only entitled to withhold payment on the basis of counterclaims from the same contractual relationship.

 

§ 4 Delivery

1) EpilaDerm International reserves the right to set delivery periods of six weeks after submission of the written declaration of acceptance (§ 2 number 1 sentence 2). Shorter delivery dates or periods are only binding,

if they have been agreed separately in writing between EpilaDerm International and the Customer.

The delivery period shall be extended in the event of measures within the framework of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles which are beyond the control of EpilaDerm International, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles demonstrably affect the delivery of the delivery item.

are of considerable influence. This shall also apply if the circumstances occur at subcontractors. The delivery period shall be extended in accordance with the duration of such measures and obstacles. EpilaDerm International shall not be responsible for the above-mentioned circumstances even if they occur during an already existing delay. EpilaDerm International shall inform the Customer of the beginning and end of such obstacles as soon as possible.

3) The commencement of the period for delivery to the Customer is subject to the proviso that EpilaDerm International itself has been fully and punctually supplied by its own supplier. Has

If EpilaDerm International concludes a covering transaction with a subcontractor for the purpose of fulfilling the contract and the subcontractor does not fulfil its delivery obligation, EpilaDerm International is entitled to withdraw from the order with respect to the Customer.

If EpilaDerm International is culpably in default of delivery, the Customer can only assert claims for damages and withdrawal from the contract if he has granted EpilaDerm International a reasonable period of grace for delivery combined with a threat of refusal in the event of late delivery within this reasonable period of grace and this period has expired without result.

5) EpilaDerm International is also entitled to make partial deliveries or render partial services, unless the partial delivery or partial service is not reasonable for the Customer from an objective point of view.

6) Compliance with the delivery and performance obligations of EpilaDerm International requires the timely and proper fulfillment of the obligations of the Customer.

7. if dispatch is delayed at the request of the customer, the customer shall be charged the storage costs incurred by storage in the amount of 0.5% of the price of the delivery, but no more than 5% in total, starting one month after notification of readiness for dispatch. EpilaDerm International is not required to provide evidence of higher or lower storage costs.

8. if the Customer does not accept the goods, EpilaDerm International is entitled to withdraw from the contract or to claim damages for non-performance after setting a grace period of 14 calendar days. In any case EpilaDerm International shall be entitled to claim liquidated damages in the amount of 15% of the sales price. The contracting parties are at liberty to prove higher or lower damages.

 

§ 5 Dispatch, insurance

1. unless otherwise provided for in the following section 2, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon acceptance of the delivery item. If the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the beginning of the default of acceptance (e.g. receipt of post collection card).

2. loading and shipping are carried out by the company RK Logistik, 82538 Gelting-Geretsried on behalf of EpilaDerm International The risk is transferred to the Purchaser when the goods are handed over to the Purchaser, forwarder, carrier or similar, but at the latest when the goods leave the company RK Logistik. This also applies if the goods are dispatched within the same place or if the goods are dispatched with RK Logistik's or EpilaDerm International's own vehicles. Dispatch, selection of the means of transport and the transport route as well as appropriate packaging will be carried out by EpilaDerm International with due care, but without liability, and will be invoiced separately. EpilaDerm International is only obliged to take out transport insurance if expressly requested by the Customer. The costs shall be borne by the Customer. Unless otherwise expressly agreed in writing, delivery shall be made to the Customer's address resulting from the placing of the order.

3. the resulting shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, or are shown separately in the online shop during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

4) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

§ 6 Right of retention, retention of title

1. you may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

2. the goods remain our property until full payment of the purchase price.

3 If you are an entrepreneur, the following applies in addition:

3.1 EpilaDerm International retains title to the goods delivered until full payment has been received from the Customer. In the event of late payment EpilaDerm International is entitled to take back the goods after the first reminder has been issued and the Customer is obliged to return them to EpilaDerm International without delay.

3.2 The assertion of the reservation of title as well as the seizure of the delivered goods by EpilaDerm International shall not be considered as a withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by EpilaDerm International in writing.

 

§ 7 Warranty and liability

1. the effect of the delivery items depends on the different genetic disposition and hormone balance of the individual person Therefore, certain statements about the number of treatments required or the period of time during which the hair in the treated area is reduced or removed cannot be generalized. Due to the natural hair growth cycle, it is also not to be expected from a biological point of view to get a 100% hair-free skin/treatment. Experience shows that over time, completely new hairs (e.g. from sleeper follicles) form and may require follow-up treatment. So if a treated area is not 100% hair-free or if the hair grows back, this does not constitute a material defect of the delivered goods. The consistency of EpilaDerm Sugar Pastes may vary from lot to lot and a deviation in the actual consistency delivered does not constitute a defect in the delivered goods.

2. the warranty and liability for material or legal defects in advertising texts, pictures and other materials provided by us is excluded if the customer modifies them or uses his own texts with them. The liability for intent and gross negligence remains unaffected.

3. the statutory warranty period shall apply. The Customer must immediately inspect the goods received by him for any defects and must notify EpilaDerm International in writing of any obvious defects immediately, but at the latest within two weeks of receipt of the goods. Hidden defects, which cannot be discovered within this period even with careful examination, must be reported to EpilaDerm International in writing without delay, but at the latest within two weeks of discovery. The delivery item or the defective part must be returned to EpilaDerm International without delay, at the latest, however, within two further weeks after the timely notification of the defect to RK Logistics, at the attention of EpilaDerm International, Lauterbachstrasse 15, 82538 Geretsried to be sent for examination. EpilaDerm International shall bear the costs of proper shipment, provided that the complaint proves to be justified.

4. the consumer also has the statutory rights to liability for defects. As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

 

§ 8 Place of performance, jurisdiction, partial invalidity

1) The place of performance and jurisdiction shall be Kiel Local Court in Schleswig-Holstein, Germany, if the customer is a registered trader, a legal entity under public law or a special fund under public law. Irrespective of this, EpilaDerm International shall be entitled, if necessary, to bring an action at the place of the Customer's head office.

2 German law shall apply exclusively, excluding the laws on the international purchase of movable goods, even if the customer has its registered office abroad. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

3 The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

4. alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr. We are not prepared to participate in dispute resolution procedures before consumer dispute resolution bodies.

5. if a provision in the terms and conditions or a provision within the framework of other agreements is or becomes invalid, the validity of all other provisions or agreements shall not be affected.

 

© EpilaDerm International e.K., Breslauer Ring 2, 24589 Nortorf, www.epiladerm.com, status July 2020

 

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