Terms and Conditions
General Terms and Conditions
§ 1 Basic Provisions
(1)
The following terms and conditions apply to all contracts that
You with us as a provider (GENEVIEVE, www.genevieve.beauty,
Pakfeifer GmbH, Höhenweg 12, A-6421 Rietz.) via the website
www.genevieve.beauty close. Unless otherwise agreed, the
Incorporation of your own conditions, if applicable
contradicted.
2. Consumers within the meaning of the following
Regulations are any natural person who conducts a legal transaction for purposes
completed, which predominantly neither of their commercial nor their
Independent professional activity can be attributed. Entrepreneurs
is any natural or legal person or legal person
partnership which, when a legal transaction is concluded, in
Carrying out their self-employed professional or commercial activity
Acts.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2)
You can make a binding offer to purchase (order) via the
Hand in online shopping cart system. The intended for purchase
Goods stored in the "shopping basket". Using the corresponding button you
call up the "shopping cart" and make changes there at any time. After
Access the "To the cash register" page and enter the personal data
as well as the payment and shipping conditions will be finalized again
all order data displayed on the order overview page.
Before
Sending the order you have the option to do all
Re-examining, changing information (also via the function
"back" of the Internet browser) or cancel the purchase. With the
Submitting the order via the button "Payment-based
order" you make a binding offer with us.
(3)
After you have sent your order, we will send you one
E-mail confirming the receipt of your order from us and their
Lists details (reception confirmation). This acknowledgement of receipt
does not constitute acceptance of your offer, but just to you about it
inform that your order has been received by us. The
Invoicing and Acceptance of the purchase contract is made at the time
the complete shipment of the goods.
(4) Our contractual
Service is deemed to have been fulfilled with the handover of the goods to you, provided that you
Consumers within the meaning of § 13 BGB are. If you are an entrepreneur, the
Fulfillment of the contract already with handover to the transport company.
(5)
The processing of the order and transmission of all in connection
Information required by the conclusion of the contract is provided by e-mail
Partly automated. Therefore, you have to make sure that those of
E-mail address provided to us is applicable to you, the receipt of the
E-mails technically secured and in particular not by
SPAM filter is prevented.
§ 3 Individually designed goods
(1)
They provide us with the individual design of the goods
required appropriate information, texts or files about the
Online ordering system or at the latest immediately after conclusion of the contract
by e-mail. Our possible specifications for file formats are
to observe.
(2) You agree not to provide any data
transmitting the content of which rights of third parties (in particular copyrights,
naming rights, trademark rights) infringe or against existing laws
Disrupted. You expressly provide us with all of this
Related claims asserted by third parties free. That concerns
the cost of the legal necessary in this context
Representation.
(3) We do not take any verification of the transmitted data
on the correctness of the content and assume no liability in this respect
for mistakes.
(4) If we in the context of the individual design
for you, create texts, images, graphics and designs, are subject
these to copyright.
Without our explicit consent is a
use, reproduction or alteration of individual parts or
Complete content not permitted.
Unless otherwise agreed,
We transfer to you an unlimited right of use to the for
They created copyrighted works. It's you
expressly prohibit the protected works or parts thereof in
any way to be available to third parties privately or commercially
make.
The transfer of the right of use is under the
suspensive condition of full payment of the agreed
Purchase price.
§ 4 Special agreements on offered payment methods
(1) See item Shipping and payment terms.
§ 5 Terms of delivery
If
Not otherwise agreed, the delivery will be made from stock to the address
the customer or to the delivery address defined by the customer. All
Events of force majeure and all events that we do not
have represented, release us from the fulfillment of the taken over
contractual obligations as long as these events continue. We
are obliged to inform the customer immediately in writing
to set when such an event occurs. At the same time we are
held to notify the customer of how long a
Such event is expected to last. Does the orderer come in
Delay of acceptance or culpably infringes other obligations to cooperate;
we are entitled to the resulting damage,
including any additional expenses to be reimbursed.
Further claims are reserved. The danger of a random
Loss or accidental deterioration of the purchased item goes into
the time on the customer at which the latter is in default of acceptance
is advised.
§ 6 Transport damage
Become an article with
obvious damage to the packaging or the contents delivered,
the customer shall have this without prejudice to his warranty rights immediately
to complain to the shipping company and immediately by a
E-mail to us or otherwise (fax/post) contact us
to include so that this possible rights against the
can preserve shipping companies. The customer helps to enforce the
Claims of the seller against the shipping company.
§ 7 Right of retention, prices & payment, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price.
(3)
All prices on this website are in [Euro] or the respective
displayed currency and are inclusive of each
valid statutory value added tax. Packaging and shipping costs
If such are incurred, separately calculated and reported. At
We are entitled to default in payment, subject to assertion
a higher (specifically to be proven) default damage interest in the
Amount of 12% p.a. to be charged. In addition, obliged
the customer’s dunning, collection and research costs of third parties
(in particular from lawyers) to replace, insofar as these costs to
appropriate legal prosecution was useful. We point out this
towards the fact that the costs in the event of intervention by a lawyer
according to the standardised by the Lawyers’ Tariff Act (RATG)
Amount plus the statutory value added tax, those of collection agencies up to
to the one each by the Federal Ministry for Economic Affairs
Set regulation routes for collection agencies standardised amount.
(4) If you are an entrepreneur, the following shall apply:
a)
We retain ownership of the goods until the complete
Compensation of all claims arising from the ongoing business relationship.
Before the transfer of ownership of the reserved goods, a pledge is
or security transfer not permitted.
b) You can the
Resell goods in the ordinary course of business. For this case
already now enter all receivables in the amount of the invoice amount,
which grow up for you from the resale, to us, we take the
Assignment to. They are further authorized to collect the claim.
Insofar as you do not properly meet your payment obligations,
However, we reserve the right to collect the claim ourselves.
c)
In the event of combination and mixing of the reserved goods, we shall purchase
Co-ownership of the new item in the ratio of the invoice value of the
Reserved goods for the other processed items at the time
the processing.
d) We are committed to the ones we are entitled to
release securities at your request to the extent that the
the demand to be secured can be realized in order
exceeds more than 10%. The selection of the securities to be released
superior to us.
§ 8 Warranty
(1) There are statutory liability rights for defects.
(2) If you are an entrepreneur, the following applies from paragraph 1:
a)We
ensure that the ordered goods our warehouses in perfect
Condition leaves. We only offer goods from artisanal
or machine manufacturing often using natural
Materials. Our product illustrations can therefore be used in the appearance of the
delivered goods differ slightly, in particular in terms of colour,
Surface texture, structure and size. There are claims for defects
Insofar as the changes are reasonable for the customer. As
The quality of the goods only applies to our own information and the
Product description of the manufacturer as agreed, but not
other advertising, public promotions and statements of the
manufacturer.
b) The customer is aware that in the case of a
Order in the online shop the color representation of the goods
possibly because of the nature and quality of its technical equipment of
the actual color differs and therefore no
Warranty obligation is justified. Soaps even by normal
Use of transport or packaging traces of use in
Getting shape of scratches, notches, dents or abrasion points that
all do not constitute a defect and not this
Warranty obligation is subject. Except for the
Warranty is also damage caused by natural wear and tear
improper use, overuse and lack or false
Care or storage are due to. You are obliged to
Goods immediately and with due care for quality and
Examining quantity deviations and obvious defects within 7
days from receipt of the goods under exact description in text form
to display, the timely dispatch is sufficient to meet the deadline. This
also applies to later detected hidden defects from discovery.At
Violation of the obligation to investigate and complain is the assertion of the
Warranty claims excluded.
c) In the event of defects
we guarantee at our discretion by repair or replacement delivery
if you are a private individual within the meaning of § 13 BGB . Does she hit
If deficiency elimination is not possible, you can request a reduction at your choice
or withdraw from the contract. The remedy of the defect shall apply according to
unsuccessful second attempt as failed if not
in particular from the nature of the item or the defect or the other
Circumstances something else gives. In case of rectification, we must
shall not bear the increased costs incurred by the shipment of the goods
a place other than the place of performance shall arise, provided that the
Shipment does not correspond to the intended use of the goods.
Can you not give us the received service in whole or in part or
only in a deteriorated condition, you must return to us in this respect
possibly. Require value compensation.
d) The warranty period is two
Years from the date of invoice of the goods. The assignment of
Warranty claims are excluded.
§ 9 Liability
(1)
We are only liable for intent and gross negligence, except for
Injury to a person's life, body or health.
Liability for financial losses due to slight negligence is
excluded. Liability for simple negligence exists only with
damage from injury to life, body and the
Violation of a contractual obligation (cardinal obligation). In the
The case of the negligent breach of cardinal obligations is liability
Limited to contractual and foreseeable damages. Untouched
remains a statutory liability independent of fault (e.g. B. after the
Product liability law) and liability arising from the possible assumption of a
Guarantee. The legal representatives, employees and
Vicarious agents of www.genevieve.beauty shall not be liable further than
www.genevieve.
beauty
itself.
(2) Our website contains links
to third party websites ("external links"). These websites are subject to the
Liability of the respective operators. We've got at the first
linking the external links then checks the external content,
whether there are any legal violations. At the time, there were none
Legal violations apparent. We have no influence whatsoever on the
current and future design and on the content of the linked
Pages. Setting external links does not mean that we are the
make content behind the reference or link. One
Constant control of these external links is for us without concrete
Indications of legal violations not reasonable. With knowledge of
However, violations of the law will be subject to such external links immediately
Deleted.
(3) Data communication over the Internet may be
the current state of the art not error-free and/or at any time
available to be guaranteed. We are not liable for the
constant uninterrupted availability of the website and the one there
offered service.
§ 10 Vouchers, Gift Vouchers
(1)
A cash payment of online gift vouchers / discount vouchers
and other vouchers are not possible, even partially.
§ 11 Cost-bearing agreement
Make
You of your right of withdrawal use, do you have the regular
to bear costs of the return shipment if the delivered goods the
ordered corresponds to. Otherwise, the return is for you
free of charge. Non-free and unauthorized shipments cannot
be accepted.
§ 12 Acceptance denied, incorrect address indication
www.genevieve.beauty
,
Pakfeifer GmbH reserves the right to receive the shipments in which the
Acceptance is refused or, in the case of incorrect address information,
which leads to an automatic paid return by our shipping partners, a
service fee of € 15.- is to be charged, or if not sufficiently the
actual costs to be charged.
§ 13 Choice of law, place of performance, place of jurisdiction
(1)
Austrian law applies (Federal Republic of Austria). For customers,
the entrepreneurs within the meaning of § 14 BGB (German Civil Code) shall be deemed to be the place of jurisdiction
Innsbruck.
(2) Place of performance for all services from with us
existing business relationships and jurisdiction is our registered office,
if you are not a consumer, but a merchant, a legal person of the
Public law or special funds are public law.
The same applies if you do not have a general place of jurisdiction in Germany
or have the EU or the residence or habitual residence in the
Time of filing of the action is not known. The authority, even that
Current at another legal place of jurisdiction, remains
untouched by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 14 Severability clause
Should
individual provisions of these GTC are invalid or unenforceable
or become invalid or unenforceable after conclusion of the contract, so
will not affect the validity of the remaining contract. An
the body of invalid or unenforceable provision
the effective or feasible regime whose effects occur
get as close as possible to the economic objective that
Contracting parties with the invalid or unenforceable
Determination has followed. The above provisions shall apply
in accordance with the case that these GTC proves to be incomplete. §
139 BGB does not apply.
§ 15 Data Protection
Notes to the
Identity of the seller
Pakfeifer
Height path 12
A-6421 Rietz
Austria
Email: hello(at)genevieve.beauty
Dispute resolution
The European online dispute settlement platform (“OS platform”) will be following Provision by the European Commission via the portal “Your Europe” (http://europa.eu/youreurope/citizens/index_en.htm) accessible.