Conditions of Use
General Terms and Conditions Glück GmbH
(last updated 01.February 2018)
§ 1 General provisions - scope of application
1. The present General Terms and Conditions apply to all business relations between Glück GmbH and its customers, in the specific version valid at the time of the conclusion of the contract.
2. Glück GmbH’s General Terms and Conditions shall apply exclusively. Contradicting, deviating or amending general terms and conditions which the customer may use will not become part of the contract, even if Glück GmbH has knowledge thereof, unless Glück GmbH declares its expressed consent with the contradicting, deviating or amending general terms and conditions used by the customer, whether with regard to the terms and conditions as a whole or with regard to individual provisions.
3. Goods will only be sold to persons of full legal age, and only to persons residing domiciled in countries which have been listed in the shipping cost overview.
§ 2 Offers and conclusion of the contract
1. All offers by Glück GmbH are subject to confirmation and are non-binding. Contracts between Glück GmbH and the customer will only be concluded once Glück GmbH has accepted an offer issued by the customer. Glück GmbH reserves the right to refuse acceptance of an order, in particular in case of spelling or calculation mistakes and errors contained on the website.
2. By sending an order to Glück GmbH via the internet, e-mail, telefax or mail, the customer submits an offer for the conclusion of a purchase contract with Glück GmbH.
Glück GmbH shall have the right to accept the contract offer via the internet, e-mail, telefax or mail within three calendar days from receipt of this offer by Glück GmbH Acceptance can either be in text form or by delivery of the goods to the customer.
3. If a customer places an order on the Pro Hair GmbH internet site, Glück GmbH shall immediately confirm receipt of the order via e-mail. This confirmation of receipt of the order shall represent acceptance of the offer, unless Glück GmbH informs the customer in this confirmation of receipt of the fact that his/her order is not accepted by Glück GmbH.
4. If a customer orders the goods using any other means than the website of Glück GmbH, the contract with Glück GmbH is terminated only by express acceptance sent by email, fax or post or by the shipment of the ordered goods to the customer.
5. If a customer orders the goods using electronic means, the text of the contract will be stored by Glück GmbH, and will, upon request, be sent to the customer by e-mail or mail together with the General Terms and Conditions.
§ 3 Delivery and shipping costs
1. Glück GmbH will send the ordered goods as quickly as possible to the address provided by the customer in the order, in compliance with the selected payment method. Shipment will be carried out by Glück GmbH | SEO Karin Glück | Kirchstr. 18 | 71634 Ludwigsburg | Germany.
Glück GmbH has the right to effect partial deliveries provided that this is reasonable for the customer. If partial deliveries are effected, Glück GmbH shall bear the additional shipping costs. Unless agreed otherwise, delivery will take place from the warehouse to the delivery address provided by the customer.
2. Delivery periods may vary depending on the offer. Applicable delivery periods can be found in the relevant offers.
3. If goods are delivered to countries other than Germany, import duties may be levied on the import of goods, which the customer will have to bear. The amount of such import duties varies for the different customs areas. The customer is responsible for the proper payment of all necessary customs duties and fees.
4. Shipping costs can be found in the shipping cost overview on the internet site www.beachfashionshop.com.
Should shipment due to technical or logistic reasons take place in more than one batch, shipping costs shall only be invoiced once to the customer.
§ 4 Payment terms and shipping costs
1. Payment for the goods ordered by the customer may be effected at the customer’s choice either in advance, by credit card (VisaCard, MasterCard), by direct money transfer or by Paypal. Glück GmbH reserves the right to not offer all payment methods for certain offers.
2. All prices are quoted inclusive of statutory value added tax to the amount applicable under German law. Value added tax shall be shown separately in the invoice.
The shipping costs to the amount stipulated in § 3 section 4 shall be incurred in addition to the purchase price.
3. The following shall apply with regard to the payment methods:
Unless payment is effected in advance, the customer undertakes to pay the purchase price within 14 calendar days after receipt of the goods. After expiry of this deadline, the customer will be in default with payment.
4. During a period of default with payment, the customer shall be obligated to pay interest amounting to 5 % above the basic interest rate on the monetary debt.
5. The customer shall only have the right to set-off if his/her counter-claims have been determined in a legally binding way, or if Glück GmbH has acknowledged such claims, unless his/her counter-claim is based on the same contractual relationship. The customer may only exercise retention rights if his/her counter-claim is based on the same contractual relationship.
§ 5 Transfer of risk
1. The risk of accidental loss or accidental deterioration of goods sold by means of purchase and delivery contracts shall only transfer to the customer upon handing-over of the goods.
2. This handing-over shall be deemed to have taken place if the customer is in default with payment.
§ 6 Reservation of title
1. Until the time complete payment has been effected, the delivered goods shall remain the property of Glück GmbH.
2. The customer is obligated to immediately inform Glück GmbH of seizures or other impairments to the reserved title goods by third parties.
§ 7 Right of withdrawal
1. You are entitled to withdraw your contractual declaration within two weeks, without the necessity of stating reasons for this, in text form (e.g. letter, telefax, e-mail), or - if the goods are delivered prior to expiry of the deadline - by returning the goods. The deadline shall commence upon receipt of the information regarding the right of withdrawal in text form, however, not prior to receipt of the goods by the recipient (in case of a repeated delivery of goods of similar kind, not prior to receipt of the first partial delivery), nor prior to Pro Hair GmbH having fulfilled its information obligations under article 246 section 2 in connection with section 1 subsections 1 and 2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuche - Introductory Law to the German Civil Code) and its obligations under section 312e subsection 1 sentence 1 BGB (Bürgerliches Gesetzbuch - German Civil Code) in connection with article 246 section 3 EGBGB. The timely dispatch of the withdrawal declaration or of the goods shall suffice to meet the deadline.
2. Withdrawal by means of a withdrawal declaration in text form is to be directed to:The timely dispatch of the withdrawal declaration or of the goods shall suffice to meet the deadline. Withdrawal by means of a withdrawal declaration in text form is to be directed to:
Glück GmbH
SEO: Karin Glück
Kirchstr. 18
71634 Ludwigsburg
Germany
Tel: +49 171 7126555
Fax: +49 7141 928593
Withdrawal by means of returning the goods or returning the goods after a withdrawal by means of a withdrawal declaration in text form is to be directed to:
Glück GmbH
SEO: Karin Glück
Kirchstr. 18
71634 Ludwigsburg
Germany
Tel: +49 171 7126555
Fax: +49 7141 928593
3. In case of a valid withdrawal, the performances already received by the parties must be mutually returned and any usufruct which may have been obtained (e.g. interest) must be restituted. If you are not able to return the performance received, entirely or in part, or only in a deteriorated condition, you insofar are obligated to compensate Glück GmbH for the loss in value. This shall not apply for the permission to use the goods if the deterioration of the goods was caused only by their examination - in a way which would have been possible for you in a shop etc. You will furthermore be able to avoid your obligation to compensate for loss in value caused by the utilisation of the goods as intended, by not utilising the goods as your property and by avoiding anything which may impair their value. Goods which can be sent as parcels are to be returned at Pro Hair GmbH’s risk. You shall be obligated to bear the costs for the return shipment provided that the delivered goods are those you originally ordered, and provided that the price for the goods to be sent back does not exceed a sum of 40 Euro, or - if the price is higher - if at the time of withdrawal you had not provided the counter-performance or a contractually agreed partial payment. In all other cases, the return shipment shall be free of costs for you. Goods which cannot be sent back as parcels will be collected at your location. Obligations to restitute payments must be fulfilled within 30 days. For you, the deadline shall commence upon dispatch of the withdrawal declaration or of the goods, for Glück GmbH upon their receipt.
4. In the case of a valid withdrawal, Glück GmbH provides you with a return form. The usage of this return form, however, is not a requirement for withdrawing from the contract or returning the goods.
5. However, if you make use of the return form you shall not bear the costs of the return shipment even if the delivered goods are those originally ordered and even if the price for the goods to be sent back does not exceed a sum of 40 Euro at the time of withdrawal or if at the time of withdrawal you have not provided the counter-performance or a contractually agreed partial payment. Consequently, in the case of a valid withdrawal the return shipment using the return form shall always be free of charge for you.
§ 8 Warranty and liability
1. Glück GmbH’s liability for defects shall be two years from delivery of the goods.
2. Glück GmbH shall not be liable for damages to objects other than the goods themselves, nor for any other monetary damages incurred by the customer.
3. These limitations of liability shall not apply to cases of intent, gross negligence or normal negligence with regard to an essential contractual obligation by Glück GmbH or one of its vicarious agents, nor for damage to persons, damage caused due to the lack of a characteristic for which Glück GmbH had assumed a guarantee, and in cases of claims under sections 1 and 4 ProdHaftG (Produkthaftungsgesetz - German Product Liability Act).
Essential contractual obligations shall be defined as obligations by Glück GmbH whose violation endangers this contract in its content and purpose or whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the customer may normally trust, for example in a sales contract the obligation of the seller to provide the buyer with a product without defects.
§ 9 Data protection
1. Glück GmbH undertakes to treat customer data confidentially. The collection, processing and use of personal data shall be carried out in compliance with the statutory regulations. Personal data will only be forwarded to third parties within the framework of the processing of the contract. The data received from the customer shall be collected, processed and used by Glück GmbH for the purposes of the processing of the contract and in case of explicit consent by the customer for Glück GmbH’s own advertising purposes. If Glück GmbH uses the data for its own advertising purposes, the customer shall at all times have the right to object to such use by sending us a corresponding notice.
2. Glück GmbH’s customers have the possibility of viewing and editing their own user information at any time after logging into the protected zone of the internet site. The customers may at any time contact Glück GmbH to have user information deleted.
3. In order to remember customers on their next website visit, Glück GmbH makes use of cookies. Cookies are small text files that allow the identification of the user.
4. Glück GmbH makes use of Google Analytics and - on demand of the company Google Inc. - points out the following: “This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”
§ 10 Final provisions
1. The legal relations between the customers and Glück GmbH shall be governed by German law, excluding UN sales law.
2. Should individual provisions in these General Terms and Conditions be or become invalid, whether entirely or in part, this shall not affect the validity of the remaining provisions.
3. Contracts can be concluded in German, English or Spanish
§ 11 Provider and contracting partner
The provider of this website and contracting partner regarding the offers is:
Glück GmbH
SEO: Karin Glück
Kirchstr.18
71634 Ludwigsburg
Germany
Tel: +49 171 7126555
Fax: +49 7141 928593
