General Terms & Conditions (GTC) of GW Cosmetics Gmbhtt
Scope of the General Terms and Conditions
1.1. These General Terms and Conditions (hereinafter briefly “GTC”) shall apply to all contracts concluded via the online-shop www.beautylash.com between GW Cosmetics GmbH (hereinafter briefly GW) and customers who are consumers.
1.2. A consumer shall be any natural person concluding a legal dealing for a purpose, which can be assigned neither to his/her business sphere nor to his/her professional activities as a self-employed person.
1.3. The customer recognizes these GTC and declares his agreement to them as soon as he places an order. Any general terms and conditions of the customer shall not apply.
2. Conclusion of contract
2.1. The product presentation on the website shall not constitute an offer, but a non-binding invitation to the customer to himself submit an offer. With the placement of an order, the customer submits a legally binding offer. The receipt of the offer shall be confirmed together with the acceptance of the offer immediately after dispatch, by way of an automated e-mail.
2.2. At the overview of the assortment of merchandise of the online-shop www.beautylash.com, the customer may select the merchandise chosen by him by clicking on the “Basket” symbol. During the customer’s visit to the website www.beautylash.com, the selected merchandise will be saved in the basket. The customer continues the order process by clicking the button “Proceed to Checkout” beneath the merchandize listed in the basket. Subsequently, the customer indicates the place of delivery chosen by him, the billing address and the desired method of payment, and enters the data required to effect payment. If external payment services, such as PayPal, are chosen, the customer is led on to the website of the payment service provider concerned. Prior to placing the order, the relevant order data are summarized in an “Order Summary”. The customer is free to review again the details provided by him and to correct them, if applicable, before the customer submits his order to GW by clicking the button “Buy now”. By clicking the button “Buy now”, the customer submits a binding offer to purchase the merchandise selected by him.
2.3. After receipt of the order, GW sends an e-mail to the e-mail address provided by the customer, confirming the receipt of the order and setting out the order details (order confirmation). This e-mail will also contain an invoice. No separate invoice will be mailed.
2.4. The orders will be saved by GW.
3. Right of withdrawal
3.1. The customer may withdraw his offer submitted online within 14 days, without stating reasons.
3.2. To exercise the right to withdraw, the customer must inform GW of his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). In order to be valid, the withdrawal must be sent only to the contact data of GW set out in these GTC.
3.3. For this purpose, the customer may use the model withdrawal form. The use of this form is not obligatory. After the withdrawal, the customer will receive a return mailing label from GW by e-mail, to be used to return the parcel. GW will bear the costs of returning the goods only if this label is used.
3.4. The customer has 14 days to withdraw from the purchase; the 14 day period commences on the day on which the customer, or a third party nominated by him, who is not the carrier, has taken possession of the merchandise, respectively, in case of several items of a single order, or delivery in instalments, of the merchandise delivered last. In order to meet the withdrawal deadline, it is sufficient for the customer demonstrably to dispatch the notice of exercise of the withdrawal right prior to the expiry of the withdrawal deadline.
3.5. Exceptions from the withdrawal right:
3.5.1. The return of merchandise delivered in a sealed condition cannot be accepted, if the customer has removed the seal after delivery and if the merchandise therefore is not suitable for return for reasons related to health protection, or hygiene.
3.5.2. Further, merchandise manufactured to customer specifications, or tailored with regard to the special requirements of the customer, cannot be returned.
3.6. If the customer exercises his withdrawal right pursuant to the above provisions, the purchase price shall be refunded following receipt of the goods by GW, inspection of the merchandise, and deduction of the compensation pursuant to item 3.7. The customer shall be refunded all payments received by GW from the customer, including shipping costs, pursuant to the above provisions, within 14 days of the day of receipt of the withdrawal notice by GW. GW shall be entitled to refuse the refund until GW shall have received a confirmation of the return shipment or until the same has actually been received by GW. Generally, GW shall use for the refund the same means of payment used by the customer with the original transaction.
3.7. The customer shall pay compensation for the decrease of the market value of the merchandise, if the loss in value is based on the handling of the merchandise not required for the examination of its quality, features, and manner of operation.
Click 2 here to download a form for withdrawal.
4.1. All prices are total prices; they include costs of packaging as well as the applicable statutory turnover tax (value-added tax).
4.2. GW reserves the right to correct errors relating to the price, and in such case will charge the correct lower or higher price. A higher price shall be chargeable only with the consent of the customer.
5.1. Shipping costs shall be added to the indicated product prices.
5.2. During the order process, you will be provided with more information on the amount of the shipping costs.
5.3. In Austria and Germany, in case of merchandise of a net value of € 20 or more, GW delivers without a shipping charge. If the merchandise value is below € 20 net, the shipping charge is shown during the order process in the table of shipping costs.
6.1. Unless otherwise agreed, the merchandize will be delivered by Ingram Micro GmbH to the address indicated by the customer. We ship only within the EU.
6.2. The expected delivery period amounts to 1-6 working days (weekdays with the exception of Saturdays, Sundays, and statutory Slovak Holidays), depending on the recipient’s country of origin. In case of payment by instant bank transfer, the delivery period commences one day after receipt of the amount on the bank account of GW. In all other cases, the delivery period commences one day after receipt of the order.
6.3. If delivery, or meeting the agreed delivery period, becomes impossible because the merchandize cannot be delivered or is unavailable, GW shall be entitled to rescind this contract in full or in part. GW shall forthwith inform the customer accordingly. In this event, damage claims shall be excluded. The customer will be informed of existing delivery restrictions at the commencement of the order process. The customer shall be entitled to rescind the contract, if the merchandise is not delivered within 18 working days. The rescission shall take place in the same form as a withdrawal pursuant to these GTC.
Payment due date, and reservation of title
7.1. The purchase price shall be due for payment at the latest following receipt of the order, and shall be received by GW at the latest within 10 working days from the receipt of the invoice. In case of default in payment, GW shall be entitled to charge 1 % late payment interest per month. Regardless thereof, GW shall be entitled to rescind the contract upon setting a period of grace of 3 days. Notice of rescission shall be provided by e-mail to the
7.2. The delivered merchandise shall remain the property of GW until payment in full. Therefore, the customer shall bear the risk of loss and of deterioration of the merchandize. The customer shall pay all costs associated with the exercise of the retention of title and taking back the merchandise, including costs of payment reminders, and attorney’ costs.
8.1. GW accepts the following types of payment: PayPal, credit cards (Visa, Mastercard, and Diners), and instant bank transfer.
8.2. In case of credit card payment, the credit card of the customer shall be charged immediately after completion of the order. This occurs even if GW does not have the merchandize in stock, and is able to ship same only after several days.
8.3. In case of payment through PayPal, the customer pays the invoice amount through the online provider PayPal. In order to do so, the customer must be registered with PayPal, respectively must first register. After identification with the access data, the customer can confirm the instructions to make payment to GW. The customer will receive additional instructions during the order process.
8.4. In case of payment by instant bank transfer, the purchase price shall be debited to the customer’s account upon completion of the order process.
Warranty 9.1. The statutory warranty provisions shall apply in accordance with the following provisions.
9.2. If the merchandize is subject to a defect, the basis of which was present already at delivery of the merchandize to the customer, or to a third party nominated by the customer, then the customer shall forthwith notify GW accordingly.
9.3. The appearance of the merchandize may deviate slightly from the product depiction shown on the website. However, the merchandize shall be defective only if it does not possess the agreed features, or the features the merchandise is normally assumed to possess, or if it cannot be used in accordance with the product description. Otherwise, the customer must accept the slight deviation, and same will not constitute a breach of warranty.
9.4. GW then, within a reasonable period of time, shall provide, depending on the customer’s wishes, for the repair of the defect, or the exchange of the merchandize. GW shall be entitled to decide the remedy, if either a repair or an exchange is impossible, or is associated with unreasonably high expense to GW.
9.5. If GW is not able to remove the defect by repair or exchange, then the customer may chose between a price reduction, or rescission of the contract.
9.6. Except in case of a price reduction, the customer shall send the merchandise back to GW. The merchandise can be shipped back at the cost of GW only after the customer has contacted GW and has complied with the return shipment terms then forwarded to the customer.
9.7. Warranty claims shall be statute barred within two years from acceptance of the goods by the customer or a third party nominated by him. There shall be no warranty claims beyond the best-before date stated on the product.
9.8. If the manufacturer provides a guarantee, the same shall be provided independently from these warranty provisions, pursuant to the manufacturer’s guarantee terms.
Exclusion of Liability
10.1. Damage claims of the customer against GW shall be excluded, unless GW and others employed for performing GW’s obligations have acted intentionally or with gross negligence.
10.2. The following liability shall remain unaffected by item 10.1.: liability due to damage to life, to the body, and to health; liability due to negligent or intentional breach of material contractual obligations; compulsory liability due to the Austrian Product Liability Act, due to culpable conduct in connection with the conclusion of the contract, other breach of duty, or due to tortious claims to compensation for damage to property.
10.3. Material contractual obligations shall be obligations, the performance of which make possible the proper performance of the contract, and on the compliance with which the customer as a rule may rely on.
11.1. Provisions with respect to data protection are contained in the ffdata protection statement.
12.1. The customer may offset its claims against claims of GW only in case of GW’s inability to pay, or if the claim of the customer stands in a legal connection to the customer’s liability, or if the customer’s claim has been established in court, or recognized by GW.
13.1. The invalidity of a provision of these GTC shall not affect the validity of the remaining provisions. In such case, the invalid provision shall be replaced by the provision best achieving the economic intention.
Choice of law, venue
14.1. These GTC, including the issue of their formation, shall be subject to Austrian substantive law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, and to the exclusion of conflicts of laws provisions referring to foreign law.
14.2. The exclusive venue for all disputes arising from or in connection with contractual relationships between the customer and GW shall be the court with subject matter jurisdiction for Vienna, Inner City, Austria. However, the customer’s rights pursuant to § 14 of the Austrian Consumers’ Protection Act shall remain unaffected. GW shall also be entitled to sue at the general venue for the customer.
GW Cosmetics GmbH BeautyLash Onlineshop AchauerstraBe 49a
E-Mail: firstname.lastname@example.org Fax: (+43) 2235 47940 — 39