General Terms and Conditions Shiny Lashes

§ 1 General

(1) These terms and conditions of sale apply to all purchases made by consumers within the meaning of § 13 BGB (German Civil Code) from Shiny Lashes, Rheinstr 104, 76275 Ettlingen – Germany. Shiny Lashes does not enter into contracts with companies 

§ 2Offer and conclusion of contract, information on the order steps

(1)All goods offered by us on our Internet pages constitute an invitation to you to submit an offer. You will first receive a confirmation of receipt of your order by email to the email address you provided. As a rule, this confirmation email does not constitute acceptance of your offer. Such acceptance shall only take place by means of a separate declaration of acceptance on our part or by dispatch of the goods at the latest within five days of receipt of your order. With the conclusion of the purchase contract the payment is also due

2)  When ordering via our online store, they select the desired goods and place them in the shopping cart. You then have the possibility to register with your customer data and create a customer account. However, this is not mandatory. Then enter the billing address and, if necessary, a different delivery address and select the shipping method. You will then receive an order overview and have the opportunity to check your details again and correct them if necessary before you send your order to us in the last step by clicking on “order with costs”. You can then select the desired payment method

§ 3 Storage of the text of the contract, costs of the conclusion of the contract, languages, retrievability of the GTCs

(1) We store the text of the contract (order data) and send you the order data by e-mail. You can print this contract text before sending your order to us by making the appropriate selection in your browser in the last step of the order. After sending your order, the contract text is no longer accessible to you.

2)  No costs are incurred for the use of the means of distance communication used for the conclusion of the contract beyond the mere use of the means of distance communication.

(3) In the confirmation email sent to the email address you provided, you will also find our General Terms and Conditions of Sale. You can also view and print the GTC at any time at https://www.shiny-lashes.de/agb/.

(4) The German language is available to you for the conclusion of the contract.

§ 4  Dealing with complaints

In the event of a complaint, we proceed as follows: After being contacted by the customer (email, phone, etc.), we will immediately review your concern and take appropriate action. If it turns out that there is a defect, the further procedure shall be governed by § 13.

§ 5 Delivery area and delivery time

(1) The delivery area is limited to the European Union and Russia. In individual cases, delivery to other areas may be possible upon request.

(2) Unless otherwise stated on the product page, all products are available for immediate delivery.

(3) For deliveries within Germany, the delivery time is approximately 5 days. Packaging, shipping route and means of shipment are left to our choice. In the event that a total delivery is not possible for us, we reserve the right to make a partial delivery of divisible services, provided that this is not unreasonable for you. 

(4) For deliveries to other countries, para. 2 with the proviso that the order is delivered within 28 days.

(5) The period begins with receipt of the order confirmation by the customer.

(6) The deadline ends on the 5th day for deliveries within Germany, and on the 28th day for deliveries abroad, on the date specified in Para. 5 mentioned event following day. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.

(7) Events of force majeure, measures within the scope of labor disputes and other unforeseen circumstances, including non-delivery by the upstream supplier for which we are not responsible, shall entitle us to reasonably extend delivery periods by the duration of the hindrance, however, for a maximum period of two weeks from the order. Default shall only occur after a reasonable grace period has been set. If the delay lasts longer, you can set a reasonable deadline for performance and withdraw from the contract after its fruitless expiry. After the expiry of six weeks from the order, we are also entitled to withdraw from the contract. The claim for damages is excluded, unless the delay is our fault.

§ 6 Terms of delivery

(1) We use DHL International GmbH for the transport.

(2) We offer the following types of delivery: Premium delivery

§ 7 Shipping costs

(1) For deliveries within Germany, the following applies: Shipping costs table.

(2) For deliveries abroad, the following shipping costs apply: Shipping costs table.

(3) If the delivery is made exceptionally pursuant to. § 5 para. 1 to a state other than the delivery area, the shipping costs will be indicated on request.

(4) For deliveries to non-EU countries, additional customs duties, taxes and fees apply. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm and on import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do Furthermore, no VAT is payable under German law on the delivery of goods to non-EU countries. You pay the tax due in the respective state on the delivered product locally.

§ 8 Prices, Terms of Payment, Right of Retention, Retention of Title, Set-Off

(1) All prices are to be understood as total prices in Euro including the legally valid value added tax plus possible shipping costs according to. § 7.

(2) The purchase price is due upon conclusion of the contract and is payable within 14 days after receipt of the goods at the latest.

(3) All payments are made by credit card, the payment systems Sofortüberweisung or PayPal, prepayment or on account. We reserve the right to exclude individual payment methods and to grant the payment method credit card only with a positive credit check. If you choose payment in advance, we will give you the bank details in the order confirmation. The invoice amount is to be transferred to our account within 14 days after sending your order. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. The invoice payment option is only available to registered customers who have already received a positive payment from a previous order.

(4) The chargeback fees of the credit institutions resulting from chargebacks, which are due to your fault, shall be borne by you.

(5) The goods remain the property of Shiny Lashes – until full payment.

(6) You shall only have the right of set-off if your counterclaims have been legally established or expressly acknowledged by us in writing.

§ 9 Cost sharing agreement for consumers within the meaning of § 13 BGB in the event of exercise of the right of withdrawal and reimbursement of payments made

(1) Make use of your right of revocation according to. If you make use of § 10 of these GCS, you shall bear the regular costs of the return shipment.

(2) For the reimbursement of payments made, we will generally choose the same means of payment that you have chosen for payment.

(3) However, in the case of the payment method Sofortüberweisung, we are not able to refund you in the same way. We therefore refund payments made in this way by bank transfer. For this purpose, your bank details will be requested. The refund will be made as soon as you have sent us the bank details. You will not incur any costs by refunding by another means of payment.

§ 10 Right of withdrawal for consumers within the meaning of § 13 BGB

(1) Cancellation policy for contracts for the uniform delivery of goods and for contracts in which several goods are ordered as part of a uniform order, which are delivered together.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us, the

Shiny Lashes
Sigrid Fischer
Rheinstr. 104
76275 Ettlingen
Phone: 07222 96 756 20
E-Mail: info@shiny-lashes.de

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

(2) Cancellation policy for contracts in which several goods are ordered as part of a single order, which are delivered separately.

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us, the

Shiny Lashes
Sigrid Fischer
Rheinstr. 104
76275 Ettlingen
Phone: 07222 96 756 20
E-Mail: info@shiny-lashes.de

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods. 

(3) Cancellation policy for contracts where goods are ordered that are delivered in several partial shipments or pieces.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us, the

Shiny Lashes
Sigrid Fischer
Rheinstr. 104
76275 Ettlingen
Phone: 07222 96 756 20
E-Mail: info@shiny-lashes.de

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

§ 11 Model revocation form

(If you want to cancel the contract, please fill out and return this form).
To the

Shiny Lashes
Sigrid Fischer
Rheinstr. 104
76275 Ettlingen
Phone: 07222 96 756 20
E-Mail: info@shiny-lashes.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)   
Name of the consumer(s)   
Address of the consumer(s)   
Signature of the consumer(s) (only in case of notification on paper)   
Date  

§ 12 Non-existence of the right of withdrawal

(1) Pursuant to § 312 g para. 1 No. 2, 3 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, as well as to contracts for the delivery of sealed goods that are not suitable for return for reasons of hygiene protection if their seal was removed after delivery.

§ 13 Warranty, Limitation of Liability

(1) The warranty shall be provided in accordance with the statutory provisions. In the event of a defect in the goods, we shall be entitled to make a subsequent delivery or rectify the defect at your discretion. In this case, two rework attempts are to be accepted as a matter of principle.
(2) In the event of intent or gross negligence as well as in the absence of a guaranteed characteristic, we shall be liable without limitation for all damages attributable thereto.
(3) In the event of simple negligence, we shall be liable without limitation in the event of injury to life, limb or health. If we are in default with our performance due to simple negligence, if our performance has become impossible or if we have breached a material obligation, our liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material obligation is an obligation the fulfillment of which is essential to the proper performance of the contract, the breach of which jeopardizes the purpose of the contract, and compliance with which the user may regularly rely on.
(4) Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected.

§ 14 Links to other Internet pages

Insofar as our website refers or links to the websites of third parties, we do not check the accuracy or completeness of the content or the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.

§ 15 Written form clause, severability clause, applicable law, place of jurisdiction

(1) All amendments and supplements to the contract must be made in writing to be effective. They shall also satisfy this requirement by sending documents in text form, in particular by fax or e-mail, unless otherwise specified for individual declarations. The written form agreement itself can only be cancelled in writing.
(2) Should individual provisions of these Terms and Conditions of Sale be invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid clause, the relevant statutory provisions shall apply. Any gaps shall be closed by way of supplementary interpretation of the contract.
(3) In principle, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident are restricted thereby. These mandatory provisions thus also apply.
(4) The place of jurisdiction for all disputes arising from this contractual relationship shall be Muggensturm for registered traders and for persons who do not have a general place of jurisdiction in the Federal Republic of Germany. This shall not apply to actions against a consumer within the meaning of Section 13 of the German Civil Code (BGB) who is domiciled or habitually resident within the EU. This can be done acc. Art. 16 par. 2 EuGVVO can only be sued in the courts of the Member State in which he is domiciled.
Status: 31.07.2017

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