General terms and conditions of business

§ 1 Order

The order is placed via the online shop and is considered a binding order by sending the order using the "Send order" button.

The illustration of the products in the online shop does not represent a legally binding offer, but merely a non-binding representation of a catalogue. Errors are not excluded.

§ 2 data protection

All personal customer data is protected and stored by us indefinitely in accordance with the statutory data protection regulations. Personal data is only collected if you voluntarily provide it to us when ordering goods or opening a customer account. These are only used within our order processing. Of course, the data cannot be viewed by third parties and will not be passed on.

§ 3 Delivery & Reservation

We always try to send the goods as quickly as possible.
Unless otherwise agreed, the invoice is included in the package.
Delivery is made to the customer to all postal addresses within Germany, subject to availability. In the event of non-availability, we reserve the right to make partial deliveries or withdraw from the contract.
The prices given in the online shop are final prices and apply on the day of the order. We reserve the right to change prices. All offers are non-binding. BelEtnea Cosmetics GmbH expressly reserves the right to change, supplement or delete parts of the online shop or the entire offer without prior notice, or to temporarily or permanently cease publication.

Shipping:
The shipping costs apply according to the shipping costs menu item. Should deviations occur, these are valid according to the latest version.

Shipping costs are displayed in the individual shopping cart and can be set and viewed for deliveries outside of Germany via the "Shipping method" item.

§ 4 Scope & defense clause

(1) The following general terms and conditions apply exclusively to the legal relationships between the operator of the shop (hereinafter “supplier”) and its customers in the respective version at the time of the order.
(2) Deviating general terms and conditions of the customer will be rejected.

§ 5 Formation of the contract

(1) The presentation of the goods in the online shop does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(2) By sending the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.

§ 6 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 7 Maturity

The payment of the purchase price is due upon conclusion of the contract.

§ 8 Warranty

(1) The warranty rights of the customer are based on the general statutory provisions, unless otherwise specified below. For claims for damages by the customer against the provider, the regulation in § 9 of these General Terms and Conditions applies.
(2) The limitation period for customer warranty claims is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, health or claims for damages due to a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. The right of recourse against entrepreneurs according to § 478 BGB is also excluded from the shortening of the limitation periods.
(3) A guarantee is not declared by the provider.
(4) Please address complaints to the e-mail address: shop@beletnea.de

§ 9 Disclaimer

(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified under Item 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
(4) It is expressly pointed out that all content/topics on these websites are intended exclusively for information purposes. If the reader wishes to use information from these websites for himself, he does so at his own risk. We assume no responsibility for the use of the information provided and any consequences thereof. The information published here is in no way a substitute for advice or treatment by trained and recognized doctors or other health professionals approved under German law. All visitors to our website should therefore consult a doctor or pharmacist in case of need or doubt.
(5) Disclaimer: Despite careful control of the content, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

§ 10 Assignment and pledging prohibition

The assignment or pledging of the customer's claims or rights against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

§ 11 Offsetting

The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.

§ 12 Choice of Law & Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the provider and the customer is the location of the provider if the customer is a merchant.

§ 13 Provider identification

BelEtnea Cosmetics GmbH, GGF. Francesca Santonocito-Elstermeier, Kölner Str. 19, 41334 Nettetal

§ 14 Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us (BelEtnea Cosmetics GmbH, Kölner Str. 19, 41334 Nettetal) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). . You can use the attached sample cancellation form for this, but it is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods that can spoil quickly or whose expiry date would soon be exceeded,
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

End of revocation

§ 15 Severability Clause

Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.