General Terms and Conditions
§ 1 Scope of application
These Terms and Conditions apply to all purchases made by private customers through the KLAPP Cosmetics Online-Shop. In this context, private customers are individuals residing in and having a delivery address in the Federal Republic of Germany or in the Republic of Austria, provided that the items ordered by them cannot be attributed to their commercial activity or activity as a self-employed person.
§ 2 Conclusion of contract
The presentation of our goods and provision of the possibility to place an order does not represent a binding offer being made on our part. An offer to conclude a purchase contract is only made to us once you place an order. When you place an order, we will send an e-mail to the e-mail address you provided, acknowledging receipt of your order and listing its details (order confirmation). This order confirmation does not represent acceptance of your offer, but is rather intended to inform you that we received your order. A purchase contract with us only enters into force when we send the ordered product to you and confirm the shipment with a second e-mail (shipping confirmation).
§ 3 Prices and shipping costs
The stated prices are final prices incl. sales tax. The amount due shall be the amount being displayed at the time of the binding order. In addition, a flat shipping fee of €2.99 is charged. For more details, please refer to Lieferungen. Any regular return costs arising in the event that the goods are returned by you in the exercise of your right of withdrawal are to be borne by you. If you exercise your right of withdrawal, we will refund the shipping costs to you.
§ 4 Payment
The payment by you to us is made either by
- purchasing by invoice through Klarna GmbH (Klarna Bank AB)
- credit card
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is in each case made to Klarna:
Purchasing by invoice
The payment is due within fourteen (14) days from the day of the goods/the tickets are shipped or, in the event of services, of the service being provided. Please refer to the links below to view full details on purchasing by invoice in the countries where this payment method is made available:Germany, Austria.
(Visa/Mastercard): Available in Germany. The amount is charged after the goods or tickets are shipped / the service is made available, or in the case of a subscription, in accordance with the timeframes you were notified of.
When paying through PayPal you are connected to the website of the online provider PayPal during the order process. In order to pay the amount due through PayPal, you have to either be registered with them or create an account with them first, then login with your access details and confirm the payment instruction to us. Once the order has been placed through the online shop, we ask PayPal to initiate the payment transaction. You will receive further instructions during the payment process. The payment will be processed automatically by PayPal immediately afterwards.
§ 5 Default in Payment
Should you be in default with a payment, the provisions set forth for this purpose by our payment partner Klarna shall apply. For more information, please refer to Klarna.
§ 6 Off-setting
You are only entitled to offset if your counterclaims are found to be legally binding or are not disputed by KLAPP Cosmetics GmbH.
§ 7 Right of retention
You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 8 Delivery/transport damages
(1) Delivery is made to the delivery address you provided within the Federal Republic of Germany or the Republic of Austria.
(2) Where the delivery or other services become permanently impossible due to force majeure (natural disasters, war, civil war, terror attack), KLAPP Cosmetics GmbH shall be exempt from the duty to perform. Any amounts paid will be immediately refunded by us.
(3) KLAPP Cosmetics GmbH can also refuse to perform in so far as performance would entail expenses, which in view of the content of the purchase contract and the principles of good faith would be disproportionate to your interest in the performance of the purchase contract. Any amounts paid will be immediately refunded by us.
(4) Where goods are delivered with obvious transport damages, please report such defects immediately to the delivery agent and contact us as soon as possible.
(5) Failure to make a complaint or contact does not affect your legal warranty rights in any way. However, taking action will help us assert our own claims with the carrier or regarding the transport insurance.
§ 9 Retention of title
Until you have settled all outstanding demands arising from the purchase contract, the delivered goods shall remain the propriety of KLAPP Cosmetics GmbH. For the duration of the retention of title, you may not resell the goods nor make use of them; in particular, by contract you may not allow third parties to use the goods.
§ 10 Rights regarding defects
(1) A cosmetic product defective at the time of delivery (warranty claim) is replaced by KLAPP Cosmetics GmbH at our cost by delivery of a product without defects. We would like to draw attention to the fact that no warranty claim exists if the product was in the agreed condition at the time of the transfer of risks. A warranty claim does especially not exist in case of:
a) Damages resulting from misuse or abuse;
b) Damages resulting from the products being exposed by you to harmful external influences (particularly extreme temperatures, moisture or similar).
(2) Where a redelivery requested by you entails expenditures, which in view of the content of the contract and the principles of good faith are disproportionate to your interest in the performance – with the value of the item purchased in faultless condition and the relevance of the defect being especially taken into account – your warranty claim shall be limited to the refund of the purchase price and shipping costs.
(3) In case of a redelivery, you undertake to send the defective/faulty product at our cost and by stating the order number to the return address specified by us. Return of the defective/faulty goods is mandatory for the redelivery of goods that are without any defects, or for refund of the purchase price together with the shipping costs. Non-compliance on your part with the duty to return shall be subject to the applicable provisions.
(4) The legal warranty offered by KLAPP Cosmetics GmbH expires two years after delivery of the goods. The warranty period starts upon receipt of the goods.
§ 11 Alternative dispute settlement
We endeavor to settle any differences in opinion arising from the contractual relationship between us by mutual agreement. Further, we are not obliged to take part in conciliation proceedings and regrettably we will not be able to offer you to participate in such proceedings.
§ 12 Liability
(1) In the event of slight negligence, KLAPP Cosmetics GmbH shall only be liable for breaches of fundamental contractual obligations and limited to the foreseeable damages. This limitation does not apply to negligence causing death or personal injury. We shall not be liable for other slightly negligent damages caused through defects in the purchased item.
(2) Irrespective of fault on the part of KLAPP Cosmetics GmbH, a liability on our part due to fraudulent concealment or resulting from the assumption of a warranty shall remain unaffected.
(3) KLAPP Cosmetics GmbH shall also be liable for the impossibility of a delivery occurring accidentally during its default, unless where the damage would also have occurred if the delivery had been made in time.
(4) Personal liability on the part of the legal representatives, vicarious agents and company employees of KLAPP Cosmetics GmbH for damages caused by them through slight negligence shall be excluded.
§ 13 Applicable Law
The contract concluded between you and KLAPP Cosmetics GmbH shall be governed exclusively by the Laws of the Federal Republic of Germany, with the provisions of the United Nations Convention of Contracts for the International Sale of Goods (CISG) being explicitly excluded. This shall not affect the mandatory provisions of the State in which you usually reside.
§ 14 Place of jurisdiction
If, contrary to the details you provided, you do not reside in the Federal Republic of Germany, or moved your residence abroad after conclusion of the contract, or where your place of residence is unknown at the time the lawsuit is launched, the place of jurisdiction for all disputes and in connection with the contractual relationship shall be Eschwege/Kassel in Germany.
§ 15 Severability clause, written form
(1) Where any of the preceding clauses are or become ineffective or void in whole or in part, this shall not affect the effectiveness of the remaining contract. The parties undertake to replace the ineffective or void provision by an effective provision, which best serves the intended economical purpose. The same applies to any loopholes.
(2) Any changes and additions made to a purchase contract concluded online must be made in writing.