Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions between Atout Cosmetics GmbH (hereinafter referred to as "Seller") and the user (hereinafter referred to as "Buyer") of the B2B online shop (hereinafter referred to as "Shop") located at shop.atoutcosmetics.com.
The GTC apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Buyer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity.
The Seller reserves the right to amend these GTC at any time without prior notice. The amended GTC will be made available to the Buyer on the Shop's website.
Registration and Verification
To access the content and prices of the Shop, the Buyer must register by completing the registration form provided by the Seller.
The Seller reserves the right to refuse registration or to reject an existing registration without stating a reason.
The Buyer shall provide accurate and complete registration information and shall promptly inform the Seller of any changes to this information.
The Buyer is responsible for keeping their login credentials confidential and preventing unauthorized access to their account.
The Seller reserves the right to verify the Buyer's identity and the nature of their business before allowing access to the Shop.
The Seller may also verify the Buyer's eligibility to purchase certain brands or products.
The Seller may refuse to allow the Buyer to purchase certain brands or products at its sole discretion.
Offer and Conclusion of Contract
The Shop displays the Seller's range of products, along with their corresponding prices excluding VAT and any applicable shipping costs.
The presentation of the products in the Shop does not constitute a binding offer to sell. Instead, it is an invitation for the Buyer to submit an offer to purchase.
The Buyer submits an offer to purchase by placing an order through the Shop's ordering process. By doing so, the Buyer makes a binding offer to purchase the products in their order.
The Seller may accept the offer by delivering the ordered products or by sending an order confirmation to the Buyer. A contract between the Seller and the Buyer is concluded upon acceptance of the offer.
Prices and Payment
The prices displayed in the Shop are in euros and exclude VAT and any applicable shipping costs.
The VAT rate will be applied at the checkout.
The Buyer shall pay the total amount due, including VAT and any applicable shipping costs, in advance by one of the following payment methods: PayPal, Credit Card (Service provided by PayPal), Electronic Cash (Service provided by PayPal) or Amazon Pay.
The Buyer shall bear any additional costs incurred due to incorrect payment information provided by the Buyer.
Resale
The sale of our products on a marketplace as well as the resale to other companies is prohibited. Our products may only be sold directly to end consumers through the buyer's own distribution channels.
Delivery
The Seller will deliver the products to the Buyer at the address specified by the Buyer in their order.
The delivery times are specified on the “Shipping” page.
The Buyer shall bear the risk of loss or damage to the products from the time of delivery.
The Seller only delivers to Germany, Austria and Switzerland.
Shipping costs might be applied until certain thresholds are met. The exact thresholds and corresponding shipping costs on the „Shipping” .
Warranty
The Seller warrants that the products will be free from defects in materials and workmanship at the time of delivery.
The Buyer shall inspect the products upon delivery and shall notify the Seller of any defects or non-conformities without undue delay, but no later than within 7 days after delivery.
In case of defects or non-conformities, the Buyer may request the Seller to either repair or replace the products, or to refund the purchase price.
The warranty does not cover defects or damages caused by improper use, handling, storage, or maintenance of the products, or by normal wear and tear.
Liability
The Seller shall be liable for damages caused by intentional or grossly negligent behavior on the part of the Seller, its legal representatives or vicarious agents.
The Seller shall not be liable for damages caused by slight negligence, except for damages resulting from injury to life, limb or health, or for damages resulting from a breach of a material contractual obligation (cardinal obligation).
In case of a breach of a cardinal obligation, the Seller's liability shall be limited to the foreseeable, typically occurring damage.
The liability for product liability claims shall remain unaffected.
Data Protection
The Seller collects, processes, and uses personal data of the Buyer in accordance with the applicable data protection laws and the Seller's privacy policy, which can be found on the Shop's website.
The Buyer consents to the collection, processing, and use of their personal data by the Seller for the purpose of executing the contract and for sending promotional materials and offers by email or post, unless the Buyer has objected to such use.
Governing Law and Jurisdiction
These GTC and the legal relationship between the Seller and the Buyer shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Any disputes arising from or in connection with these GTC or the legal relationship between the Seller and the Buyer shall be resolved exclusively by the courts of the Federal Republic of Germany, with the district court of the Seller's registered office having exclusive jurisdiction.
Final Provisions
If any provision of these GTC is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
These GTC constitute the entire agreement between the Seller and the Buyer regarding the use of the Shop and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding such use.
Any amendments or supplements to these GTC must be made in writing to be effective.
The Seller may transfer its rights and obligations under these GTC to a third party without the Buyer's consent. The Buyer may only transfer its rights and obligations under these GTC to a third party with the Seller's prior written consent.
Customer Service
For any questions or concerns regarding the products, the ordering process, or any other issues, the Buyer may contact the Seller's customer service by email, phone, or through the Shop's contact form.
The Seller's customer service hours are Monday to Friday from 9:00 am to 4:00 pm CET, excluding public holidays in the Federal Republic of Germany.
Language
These GTC are provided in German and English. In case of any discrepancies between the two versions, the German version shall prevail.
Changes to the Shop and GTC
The Seller reserves the right to make changes to the Shop, including the products, prices, payment methods, and shipping methods, at any time without prior notice.
The Seller also reserves the right to modify or update these GTC at any time without prior notice. The Buyer is responsible for regularly reviewing the GTC on the Shop's website to stay informed of any changes.
Acknowledgment and Acceptance of GTC
By using the Shop and registering for an account, the Buyer acknowledges that they have read and understood these GTC and agree to be bound by them.
The Buyer also acknowledges that they have read and understood the Seller's privacy policy and agree to the collection, processing, and use of their personal data in accordance with the policy.
If the Buyer does not agree to these GTC or the privacy policy, they may not use the Shop or register for an account.
Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
Atout Cosmetics GmbH
Harderweg 222549 Hamburg
Fax: +49 (0)40 429336 77 – 15
Email: info@atoutcosmetics.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date
_______________
(*) Delete as appropriate.