These Terms and Conditions of Use (the “Terms of Use”) apply to the Individualist web site located at www.individualist-beauty.com, and all associated sites linked to www.individualist-beauty.com by Individualist, its subsidiaries and affiliates. The Site is the property of Individualist Karl Bergstreisser EH (“Individualist”) and its licensors.
These terms and conditions apply to all contracts between us, “Individualist”, Schildergasse 101a, 667 Cologne, Germany (“Service provider” or “we”) and our customers (hereinafter “customer” or “you”) exclusively using means of long-distance communication (e.g. via the Internet or by telephone) in our online store (accessible e.g. via www.individualist-beauty.com).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
§ 1 Scope, Definitions
(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions and contractual offers of the customer are hereby contradicted.
(2) The customer is a consumer insofar as the purpose of the legal transaction cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Individualist reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Individualist grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
§ 2 Conclusion of contract
(1) The customer can select products from our range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “buy” button, the customer submits a binding request to purchase the goods in the shopping cart.
(2) Before sending the order, the customer can change or view the data he has entered at any time and correct input errors. However, the customer’s application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and thereby included them in his application.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail. The issuing of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. We can also replace the declaration of acceptance by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract is concluded when the event that occurs first occurs. In any case, the customer will receive a contract confirmation in text form in accordance with the statutory provisions. If the customer has not received a declaration of acceptance, invoice or notification of delivery or any goods within 5 days, he is no longer bound to his order. In this case, we will reimburse the customer immediately for any services already rendered.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, versions and prices refer to the items offered in each case, but not to any accessories or decorations that may be shown. The presentation of our products and the information provided for them are used exclusively for the description of services and do not represent any guarantee of quality.
(5) If we are not in a position to deliver the ordered goods through no fault of our own and despite all reasonable efforts because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the relevant supplier and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.
(6) The contract language is German or English.
(7) Order processing and contact within the framework of contract processing are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices on the part of the customer prevent the receipt of contract-related e-mails.
(8) If a delivery time is specified in our offers, this delivery time and the information given for calculating the delivery time shall take precedence. If no or no different delivery time is specified for the respective goods in our online store, it is 7 days. In the case of payment in advance, this period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
§ 3 Retention of title
The delivered goods remain our property until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the current business relationship until all claims to which we are entitled from it have been settled.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory sales tax plus shipping costs.
(2) The corresponding shipping costs will be specified to the customer before the contract is concluded and are to be borne by the customer unless free shipping has been agreed.
§ 5 Payment
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides for a different arrangement.
(3) The customer must ensure that there are sufficient funds in the account. In the case of returned direct debits caused by underfunding, the customer is obliged to reimburse us for the damage incurred as a result. If we are to provide our service in advance, e.g. to provide the option of purchasing on account, the provision of this payment option is subject to a positive credit check. For the credit check, the customer’s personal data is transmitted to an economic information service in accordance with our www.individualist-beauty.com/en/privacy
(4) The customer’s obligation to pay default interest does not exclude the assertion of further default damages.
(5) The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Risks
(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the purchased item only passes to the customer upon delivery of the purchased item to the customer.
(2) The following applies only if the customer acts as an entrepreneur: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or our delivery is delayed for other reasons for which the customer is responsible
§ 7 Warranty for material defects and Guarantee
(1) Claims for defects relating to used items delivered by us expire after one year from handover to the customer. In relation to entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year and the limitation period does not begin again if a replacement delivery is made as part of the liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular for claims for damages by the customer resulting from injury to life, limb or health or from the breach of essential contractual obligations (see § 8 below), for damage under the Produkthaftungsgesetz (Product Liability Act) and for any guarantees that have been assumed, remains unaffected by the restrictions of paragraph 1 above. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect also remain unaffected.
(3) Claims for defects by merchants presuppose that they have complied with their statutory inspection and notification obligations (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part for the goods delivered by us only exists if this has been expressly offered and agreed by us. Any manufacturer guarantees remain unaffected.
(5) You can submit any complaints and warranty claims to the address given in the provider identification.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract and those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.
(2) The restrictions of the above paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them as well as analogously for claims for reimbursement of expenses.
(3) The provisions of the Produkthaftungsgesetzes (Product Liability Act) and our liability for any guarantees assumed remain unaffected.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. You will receive cancellation instructions separately in text form in accordance with the statutory provisions.
§ 10 Contract text
The text of the contract is not saved by us and can no longer be called up after the order process has been completed. The customer can print out these terms and conditions and the order data before sending his order and will receive a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-court settlement of disputes/consumer dispute arbitration
(1) The European Union has set up an online platform (“OS platform”) for the out-of-court settlement of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr
(2) We are fundamentally not willing and not obliged to participate in dispute settlement procedures before a consumer arbitration board.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to the contract to the exclusion of the UN Sales Convention. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider the seat of the provider.
(3) The possible invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
© The contents of our website are largely protected by copyright or other ancillary copyrights. Copying, downloading, distributing, distributing and saving this content, with the exception of caching (intermediate storage for the purpose of displaying it in the Internet browser) when visiting our website, is not permitted without the consent of the respective rights holder. An exception applies to content that is expressly intended for download. In this case, the right of use is limited to use for personal purposes. Any further duplication, publication, distribution, public access or other use requires the consent of the respective beneficiary.
Status: 08.12.2021