Terms & Conditions

 

 

Table of contents

1. Scope of application
2. conclusion of contract
3. right of cancellation
4. prices and terms of payment
5. Terms of shipping and delivery
6. retention of title
7. liability for defects (warranty)
8. special conditions for the processing of goods according to certain specifications of the customer.
9. redemption of promotional vouchers
10. redemption of gift vouchers
11 Applicable law
12. place of jurisdiction
13. alternative dispute resolution

 

    1) Scope of application

    1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Vico GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

    1.2 These GTC apply accordingly to contracts for the delivery of gift vouchers, unless otherwise expressly agreed.

    1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

     

    2) Conclusion of contract

    2.1The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

    2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by fax or by e-mail.

    2.3 The Seller may accept the Customer's offer within five days,

    • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the arrival of the order confirmation at the customer is decisive, or

    • by delivering the ordered goods to the customer, in which case the arrival of the goods at the customer is decisive, or

    • by requesting payment from the customer after the customer has placed the order.

    If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is treated as a rejection of the offer with the consequence that the Customer is no longer bound by its declaration of intent.

    2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

    2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer clicks the button concluding the order process to initiate the payment process.

    2.6 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

    2.7 Before bindingly placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

    2.8 The German and English languages are available for the conclusion of the contract.

    2.9 Order processing and contacting usually take place via e-mail and automated order processing. The Customer has to ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

     

    3) Right of withdrawal

    3.1 Consumers are generally entitled to a right of withdrawal.

    3.2 More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

    3.3The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

     

    4) Prices and terms of payment

    4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the legal sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

    4.2In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be paid by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

    4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.

    4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

    4.5When selecting the payment method "PayPal Credit" (installment payment via PayPal), the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal runs a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative examination result. If the payment method "PayPal Credit" is allowed by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions set by the seller, which are communicated to him in the online store of the seller. In this case, he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.

    4.6 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method can be found by the customer on the Internet at https://www.klarna.com/sofort/.

    4.7If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification on the Seller's instructions. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not paid due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer must pay the fees incurred as a result of the chargeback by the respective credit institution if he is responsible for this.

    4.8If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information as well as the terms and conditions of Klarna in this regard can be found in the payment information of the Seller, which can be viewed at the following Internet address: https://www.luvia-cosmetics.de/pages/zahlungsarten/

    5) Terms of shipping and delivery

    5.1 Delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment is decisive.

    5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer has to pay the reasonable costs incurred by the seller as a result. This does not affect the costs for the return shipment if the customer effectively asserts his right of revocation. If the customer effectively asserts its right of revocation, the provision made in the seller's revocation instructions applies to the costs of returning the goods.

    5.3 Self-collection is not possible for logistical reasons.

     

    6) Retention of title

    If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

     

    7) Liability for defects (warranty)

    7.1If the purchased item is defective, the provisions of the legal liability for defects applies.

    7.2Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the liability period prescribed by law. However, the reduction of the period of liability to one year does not apply

    • to items that have been used for a building in accordance with their customary use and have caused its defectiveness,

    • to claims for damages and reimbursement of expenses of the customer, as well as

    •in case that the seller has fraudulently concealed the defect.

      7.3 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

       

      8) Special conditions for the processing of goods according to certain specifications of the customer.

      8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer has to provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and to grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, especially copyrights, trademark rights and personal rights.

      8.2The Customer releases the Seller from claims of third parties which these may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this regard, the customer also assumes the reasonable costs of the necessary legal defense, including all court and lawyer's fees in the legal amount. This does not apply if the customer is not responsible for the infringement. In the case of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defense.

      8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

       

      9) Redemption of promotional vouchers

      9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be used in the Seller's online store and only during the specified period.

      9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

      9.3 Promotion vouchers can only be used before the order process is completed. Subsequent offsetting is not possible.

      9.4Only one promotional voucher can be used per order.

      9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit balance shall not be refunded by the Seller.

      9.6 If the value of the promotional voucher is not enough to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

      9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn a rate of interest.

      9.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his legal right of withdrawal.

      9.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

       

      10) Redemption of gift vouchers

      10.1 Gift vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.

      10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

      10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

      10.4Only one gift voucher can be redeemed per order.

      10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

      10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

      10.7The balance of a gift voucher is neither paid out in cash nor does it earn a rate of interest.

      10.8The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly careless ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

       

      11) Applicable law

      11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

      11.2 Furthermore, this choice of law with regard to the legal right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

      11.3The only binding contractual language is German.

      12) Place of jurisdiction

      If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business will be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller is entitled in any case to appeal to the court at the Customer's place of business.

       

      13) Alternative Dispute Resolution

      13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

      This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

      13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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