Terms and Conditions

Terms and Conditions

1. Scope

The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions that are concluded via the online shops DMCosmetics http://www.dmcosmeticsshop.com (hereinafter referred to individually as “Online Shop”).

The General Terms and Conditions also apply to all legal transactions concluded within the framework of the dealer program of DMCosmetics (hereinafter referred to as the “Dealer Program”). In the Dealer Program, select third party independent third-party providers (hereinafter referred to as “merchants”) may offer products and services in their own name and sell directly to customers through DMCosmetics’s online stores.

DMCosmetics reserves the right to change these terms and conditions at any time. In each case, the prevailing version of these terms and conditions, which cannot be unilaterally changed for this order, is decisive. Conflicting or deviating terms and conditions of the clientele are not recognized.

For all product orders with requirement of the minimum age of 18 years , the customer confirms with the order the compliance with these legal regulations.

Orders in quantities that are not customary in the household can be rejected without justification.

2. information

2.1 Product and price

Illustrations of products in advertising, brochures, online shop, etc. are for illustration and are not binding.

All sales prices published in the online shop represent final prices that include all taxes (in particular VAT), any advanced recycling fees (vRG) and all other possible fees, charges or costs. Packaging and shipping costs are calculated according to the table on “Delivery and Shipping” and are calculated before payment and after adding your address. DMCosmetics and the dealers reserve the right to change the prices of the offered products and services at any time. Decisive for the conclusion of the purchase contract is the price in the online shop at the time of ordering.

If the customer orders from a foreign-based trader who is not registered in the VAT Register, the client as importer of the products supplied by the trader is the debtor’s import tax and any customs duties. Customers hereby authorize and commission DMCosmetics. Import customs declaration of products supplied by the dealer in the name and on behalf of the client and to pay import duties (import tax and any customs duties). The expected import duties are paid in advance to DMCosmetics along with the purchase price. A possible difference to the actually incurred import duties will be reimbursed to the clientele. DMCosmetics provides customers with an import duty notice in an appropriate form or enables their electronic retrieval. The client must file a complaint regarding the import tax notice within seven (7) working days of receipt. After expiry of this period, recourse of the customer to DMCosmetics for any deficiencies of the import duty notice is excluded.

2.2 Availability and delivery time

DMCosmetics attaches great importance to provide availability and delivery times in the online shop up to date and accurate. Especially due to production or delivery bottlenecks, however, delivery delays can occur both at DMCosmetics itself and at dealers. All information on availability and delivery time are therefore without guarantee and can change at any time.

3. Contract conclusions

The products and prices in the online shop are considered as an offer. However, this offer is always subject to the condition of an inability to deliver or a faulty quotation which dissolves the contract.

For products and services offered by a dealer, the contract is concluded directly between the dealer and the customer, at the time of ordering in the online shop, by e-mail. DMCosmetics only arranges these purchases. DMCosmetics is in this case always only as a mediator and service provider for the dealer operates, but is not himself a contract partner of the clientele.

For the clientele it can be seen in the online shop as well as on the invoice, who is the supplier or who is the contracting party when making a purchase (DMCosmetics or a dealer).

The arrival of an online order will be displayed to the customer by means of an automatically generated order confirmation by DMCosmetics to the e-mail address indicated by their e-mail address. Receipt of the automatically generated order confirmation does not imply that the product can actually be delivered. It only indicates to the client that the order has arrived at the online shop and thus the contract with DMCosmetics or the dealer has come about under the condition of the possibility of delivery and the correct price quotation.

4. Delivery date

With the order confirmation will the clientele a provisional delivery date.

If DMCosmetics or the dealer are in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, DMCosmetics will reimburse clients for prepaid amounts. Further claims against DMCosmetics or the dealer do not exist.

5. Delivery

Products and services, which customers buy from a dealer, can only be delivered to customers via mail (up to 15 days).

If the client does not accept the ordered products on the agreed or indicated delivery date, DMCosmetics or the dealer may cancel (cancel) the contract and charge the customer for the delivery costs incurred and any loss of value.

6. Inspection obligation

Customers have to check delivered products immediately for correctness, completeness and delivery damages.

For forwarding deliveries, any delivery damage must be noted on the delivery note.

Delivery damages, incorrect and incomplete deliveries are to be reported also for all products and services of a dealer, DMCosmetics within 3 calendar days from the time of the collection respectively the delivery. Such a product must not put the client into operation. It shall keep it has received in the original packaging and follow the instructions of the guided return and return process under “Return and Guarantee” in the personal account.

7. Warranty

7.1 Basic provisions

DMCosmetics or the dealer assumes the warranty for freedom from defects and functionality of the ordered product for 30 days after delivery. The warranty period continues regardless of the provision of any warranty service. DMCosmetics or the dealer can choose the warranty either:

• Money back guarantee (To take advantage of the money-back guarantee, the returned goods must be sent to DMCosmetics unused and in their original packaging);

• Replacement by a new product by DMCosmetics (new warranty period of 30 days from replacement);

• Credit at the current price, (maximum the selling price at the time of the order);

Wearing parts such as especially batteries, rechargeable batteries, power cords, adapters, bulbs and software problems are excluded from the warranty by both DMCosmetics and the dealer. Incidentally, the exclusions of liability pursuant to Section 8 apply.

When transferring a data carrier or a product with a data storage contained therein to DMCosmetics or the dealer, a complete loss of data must be expected in any case. The clientele is responsible for proper data protection and the protection of their data. DMCosmetics or the dealer assume no liability for any loss of data.

All further and in particular the statutory provisions for warranty are excluded.

7.2 Conditions for the money-back guarantee

The money-back guarantee is valid 30 days after expiry of the cancellation period for private individuals, commercial customers are excluded from the money-back guarantee. To take advantage of the money-back guarantee, the returned goods must be sent to DMCosmetics unused and in their original packaging. Your purchase price will be refunded to you within two weeks after receipt and inspection of the returned goods using the payment method that you used for the purchase. If necessary, we can transfer the amount to be reimbursed to a SEPA-enabled bank account of your choice. A cash payment of the purchase price is not possible.

The money-back guarantee does not limit the right of withdrawal granted by us in any way.

8. Liability and disclaimer

Liability is governed by the applicable statutory provisions. However, DMCosmetics or the Dealer shall in no event be responsible for (i) ordinary negligence, (ii) indirect and consequential damages and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from late delivery, and (v) any The acts and omissions of the assistants of DMCosmetics or the assistants of a trader, whether contractual or non-contractual.

Incidentally, DMCosmetics or the dealer disclaims liability in the following cases:

• improper, illegal or illegal storage, discontinuance or use of the Products;

• Use of incompatible spare parts or accessories ;

• failure of maintenance and / or improper modification or repair of the products by the client or a third party;

• force majeure, esp. Other elemental, moisture, fall and impact damage, etc., which are not responsible for DMCosmetics, and official orders.

9. Payment

9.1 Payment options

All claims for payment for products and services purchased through the online shops of DMCosmetics are made by DMCosmetics directly to its customers. Upon conclusion of the purchase agreement, the merchant assigns to DMCosmetics the entire payment claim that arises as a result of the purchase agreement between him and the customer (assignment). The client takes note of this assignment and is obliged to pay all payments exclusively to DMCosmetics.

Payments must be made in EU Euro (€).

The customers can use the payment methods offered in the online shop under “Payment options”.

The current payment fees, which may be charged by DMCosmetics, are listed under “Payment Options” and will be detailed in the order process.

When paying by credit card or other instant payment methods, the charge is placed on order.

For prepayment, the delivery will be made only after receipt of payment. The products in the central warehouse of DMCosmetics are reserved until the expiration of the payment period of at least 7 calendar days. This also applies to products which are ordered externally but processed and sent via our warehouse. For products that are delivered by direct delivery from a dealer or from an external distributor to our customers, the external order is made only after receipt of payment.

9.2 Late payment

If the client does not meet all or part of their payment obligations, any outstanding amounts owed by the client DMCosmetics under any title, immediately (if prepayment within 7 calendar days since the 1st reminder) due and DMCosmetics can claim them immediately and discontinue further deliveries of products to the clientele.

DMCosmetics charges € 5.00 for the second admonition and € 20.00 for the third admonishment. In the case of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an annual percentage rate of up to 15% of the due invoice amount can also be charged from the due date. The debt collection company will enforce the outstanding amounts in its own name and on its own account and may charge additional processing fees.

10. Change of order or cancellation

Orders oblige customers to accept the products and services. Subsequent changes or cancellations of client orders may be accepted by DMCosmetics or the Merchant at its discretion and may be subject to 20% of the canceled order value, but not less than € 60.-, and any loss of value of the canceled Products since their order was placed in bill.

Occurs after an order or the conclusion of the contract in accordance with Section 3, a (partial) Delivery option (dissolving condition), the customer will be informed immediately by e-mail. If the client has already paid, this amount will be refunded. If no payment has yet been made, the customer is exempt from the obligation to pay. Further claims due to delayed delivery or delivery failure are excluded.

11. Return of defect-free goods

Under the terms and conditions listed in the Return Policy, DMCosmetics grants the right to return the ordered products within 10 calendar days, for merchant products, the return period is 7 calendar days from the date of shipment or collection.

The products must be packed properly with all accessories in the original packaging. Damaged products will not be taken back or charged to the customer in full.

If the client makes use of their right of return, DMCosmetics will refund the entire purchase price less the possibly paid minimum quantity surcharge and the return costs listed in the return policy.

In connection with any return of products where import customs clearance has taken place on behalf of the clientele, the client authorizes and instructs DMCosmetics to declare the return of the returned products and request a refund of the EU import duties in the name and on behalf of the client. S If the clientele was unable or only partially deducted the input tax as input tax and the other requirements of the import tax refund for re-export of the ordered products are available, DMCosmetics refunds the prepaid import tax to the client upon receipt of the corresponding amount from the Federal Customs Administration.

In this context, the client assures DMCosmetics that the details and listing of the returned products are complete and accurate in accordance with the returns slip generated by the customer in the return process, and that the return shipment actually contains the products specified in the returns slip. The customers indemnify DMCosmetics against all third-party claims in connection with an incomplete or incorrect customs declaration caused by the client. DMCosmetics has the right to control the information provided by the client through random sampling.

12. Replacement out of warranty

The costs for a replacement outside the warranty according to Section 7 shall be borne by the customer. For product which have no identifiable errors or where the defect is not covered by the warranty pursuant to Section 7, DMCosmetics or the dealer reserves the right to charge the costs for the examination of the claimed defect and the shipping costs of the customer put.

13. Community

By posting comments and posts in our community, the author acknowledges that he agrees to the community terms and conditions of DMCosmetics.

14. Further provisions

14.1 Non-assignable returns

Returns that cannot be attributed to customers or returned to customers are kept for six months by DMCosmetics or the merchant and then disposed of.

14.2 Privacy

The privacy policy applies to the processing of personal data by DMCosmetics.

14.3 Partial validity

Should individual provisions of these Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions and these Terms and Conditions as a whole.

14.4 Jurisdiction and applicable law

All legal relationships between DMCosmetics or a dealer and the clientele are subject to substantive law. The Vienna Sales Convention is not applicable.

For all claims arising from sales contracts in which a trader domiciled abroad is a contracting party:

In all cases, the residence / domicile of the clientele is always the exclusive place of jurisdiction.

14.5 Copyright notice

All rights, including copyrights, to these terms and conditions are at DMCosmetics.

Any duplication, distribution or other use is prohibited and only with the express and written consent of DMCosmetics allowed. In the event of a breach of this requirement, DMCosmetics reserves all legal steps.

14/06/2021

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