General Terms and Conditions of IC Individual Cosmetics GmbH
Thank you for your order, which we accept under the exclusive validity of these terms of sale. The terms of sale also apply to all future transactions with the customer, provided they are not replaced by new ones. By placing an order, the customer accepts the following "Conditions of Sale (TC)" as binding. Any other agreements must be in writing.
2. Validity - Prices
Deliveries are always made at our currently valid prices. With the publication of new prices, all previous price information, also on older order forms, lose their validity. Our price offers only apply to the sale of the products mentioned to resellers (beauty studios, beauty farms, etc.). IC Individual Cosmetics GmbH is not obliged to deliver every order (= offer according to § 145 BGB) of a customer. The sales prices given by us are only recommendations and include the VAT applicable at the time of delivery. Discounts for larger purchases in the form of discounts in kind or similar are possible and can be found in the conditions applicable for the current year.
There is no minimum order value. Domestic delivery is free of freight and packaging costs from a goods value of €50.00 plus VAT. For shipments below this value, a flat rate for shipping and packaging costs of currently €6.00 plus VAT will be charged additionally for each shipment. Other provisions apply to shipments outside of Germany, which are available on request in individual cases. In addition, in the case of delivery by cash on delivery in Germany, there is a cash on delivery fee of currently €5.00 (plus current DHL fees on site of €2.00). The fee of €5.00 is waived if the purchaser's value of the goods per shipment is at least €150.00 plus VAT.
4. Dispatch / Passing of Risk
With the dispatch of the goods to the customer (leaving the factory), the risk of accidental loss or accidental deterioration of the goods is transferred to the customer.
We send your ordered items exclusively as an insured package. As soon as you acknowledge receipt of the package by the deliverer with your signature, you confirm that you have received the delivery in perfect condition. From this moment on, we no longer have the possibility to claim any transport damage. The transport damage cannot be proven without a note from you. The processing, as well as a possible replacement delivery, would only be delayed unnecessarily. Therefore, please check the packaging for damage of any kind before signing.
If you notice any damage, even if only slight, on the packaging, ask the deliverer to record it and only sign after this has happened! Then please open the package and check whether the goods have been damaged.
If this is the case, please send an email with the following content to email@example.com
- Order number, order number or invoice number
- How many packages were damaged?
- Which item does the damage relate to?
- Description of the defect
- Pictures of the packaging and the damaged goods Once we have received this information, we will contact you in writing or by telephone with regard to how to proceed, usually within 24 hours.
5. Force Majeure
Force majeure, operational disruptions, delivery overruns by sub-suppliers, shortages of raw materials, energy or labour, difficulties in procuring means of transport, traffic disruptions and orders from higher authorities release us from the obligation to deliver for the duration of the disruption and to the extent of its effect.
- Our prices are always ex works (see also section 3)
- Unless otherwise agreed in writing with the customer, the purchase price is due on the day of dispatch.
- After the due date, interest on our claim shall be charged at a default interest rate of 9% above the applicable base rate of the ECB without any further reminder. This does not exclude the assertion of further damages.
- The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. Retention of Title
We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. The purchaser must immediately report access by third parties to the goods delivered under retention of title in writing. Disposals outside of the ordinary course of business, such as security transfers, pledging and the like are not permitted. We are to be informed immediately of attachments, stating the attachment creditor. The customer is entitled to resell the reserved goods in normal business transactions. The purchaser hereby assigns to us the claims or proceeds from the resale of the reserved goods in the amount of the invoice amount (incl. VAT) agreed with us.
If the customer does not meet his payment obligation despite a reminder, we can demand the return of the reserved goods still in our ownership without prior setting a deadline. The customer bears the resulting transport costs. The seizure of the reserved item by the seller always constitutes a withdrawal from the contract. After retention of the reserved goods, the seller is authorized to sell them. The proceeds from the sale are to be offset against the customer's liabilities – less reasonable costs of sale.
IC Individual Cosmetics GmbH is obliged to provide a warranty if the customer has given notice of an obvious defect in writing in good time (within 8 days of receipt of the goods); this also applies to any missing quantities. If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will either repair it or deliver replacement goods at our discretion. If the supplementary performance fails, the customer can withdraw from the contract. Claims for defects do not exist in the case of only minor deviations (e.g. due to the natural raw materials) from the agreed quality. Any further claims of the customer, in particular claims for damages, are excluded.
Goods that have been the subject of a complaint can only be returned with our consent. Goods returned without a justified reason according to the law or according to our VB will not be accepted. Returns due to possible individual intolerances are excluded. If returns are taken back, processing costs may be charged. Returns that come about as a result of obsolescence or planning errors on the part of the customer cannot be taken into account.
9. Trademarks and Brand Names
Our product names and the brand names, photos and advertising texts assigned to our products may only be used with our prior written consent. Our products may only be sold in their original packaging. They may not be repacked, filled or refilled. A sale on the Internet requires the express written consent of Individual Cosmetics GmbH.
This contract and the entire legal relationship between the parties are subject to the Federal Republic of Germany to the exclusion of the UN Sales Convention. Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.
The parties undertake to replace the invalid regulation with a legally permissible regulation that comes closest to the economic purpose of the invalid regulation or fills this gap.
Due to the Federal Data Protection Act (BDSG), we are obliged to inform you that the data relevant to our business relationships are stored electronically.