General Terms and Conditions (“GTC”)

 

• 1 Scope

(1) For deliveries, services and offers by us, BNC Cosmetics GmbH, Am Zehnthof 189, 45307 Essen, Germany, telephone number: +49 201 588394, e-mail:  hello@bnc-nails.com (hereinafter “we”, “us” or “BNC”) to you as our customer, the provisions contained in the product-specific order form or the product description of the product from your order shall apply with priority. These General Terms and Conditions of Sale (hereinafter: GTC) shall apply supplementarily in the event that the product-specific order forms or the respective product description do not contain a specific provision.

(2) Our products are intended for commercial use only. Improper use may pose health risks. By concluding this purchase contract, you confirm to us that you are a commercial user.

(3) The GTC apply irrespective of whether you are a consumer or an entrepreneur. In accordance with the statutory definition of Section 13 of the German Civil Code (BGB) and within the meaning of these GTC, a “consumer” is any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity. In accordance with the statutory definition of Section 14 of the German Civil Code (BGB) and within the meaning of these GTC, an “entrepreneur” is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(4) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.

(5) Deviating, conflicting or supplementary general terms and conditions of the contractual partner shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example also if we carry out the delivery to the contractual partner without reservation in the knowledge of their general terms and conditions

 

• 2 Range of goods, prices, price adjustments and shipping cost contribution

(1) Details of the product and in particular the specific price as well as, where applicable, the term of the contract, where applicable the conditions of termination and where applicable the minimum term of the contract are set out in the respective product description or the product-specific order forms.

(2) If you are a consumer, the prices include the statutory value added tax (so-called gross price). If the product is aimed exclusively at companies, industry, trade, commerce, crafts, the liberal professions, the public service, authorities and other public or charitable institutions, associations or comparable institutions and is intended for use in the independent, professional or commercial activity, the price shown does not include the statutory value added tax (so-called net price).

(3) All prices are subject to the shipping cost contribution, insofar as such a contribution is indicated in the respective product description or the product-specific order form.

(4) In the case of continuing obligations, we are entitled to adjust prices insofar as we may reduce and increase the prices. A price increase may only be made to a reasonable extent on the basis of increased production or distribution costs (paper, printing, wage and shipping costs or, in the case of our digital products, also on the basis of maintenance and further development of the technical means used to provide the service). We will inform you of price adjustments. Unless a longer period is specified in the notification of change, price increases shall take effect at the beginning of the third month after receipt of the notification of change by you. You are entitled to extraordinary termination of the contract within six weeks of notification of the price increase with effect from the date on which the price increase takes effect. If you do not make use of this right and you have been informed of this legal consequence in the notification of the price increase, the contract shall be continued at the changed prices

 

• 3 Conclusion of contract and product viewing periods

(1) Depending on the product, you can order it via the Internet, e-mail, telephone, fax or post. In the case of online purchases, paragraphs 3 to 7 of § 3 of these GTC shall be authoritative. In all cases, the contract is only concluded upon delivery of the goods or by a shipping confirmation.

(2) If you are granted a free viewing period in the respective product description or in the product-specific order form, the purchase contract shall only become binding for you after expiry of the viewing period applicable to the respective product. For the duration of the viewing period, the deliveries, services and offers are free of charge for you. Within the viewing period, you may return the product to us at any time at your own expense. Timely dispatch to us is sufficient to meet the deadline. The matter is thereby settled for you. You bear the burden of proof for the dispatch of the returned products.

(3) The presentation of the products in the online shop does not constitute a legally binding offer on our part. As part of the ordering process, you as a consumer submit a binding order for the products in the shopping cart by clicking on “Buy now” or “Order with obligation to pay” or “Book with obligation to pay” or “Order now – subject to charge after trial period”. As an entrepreneur, you may also submit such a declaration via “Test free of charge” or “Book now”. Before completing the order, you can check your details for accuracy and correct them as part of the ordering process. You can also cancel the ordering process at any time, e.g. by switching to another page or by closing the browser.

(4) The confirmation of receipt of your order follows immediately after the order has been sent and does not yet constitute acceptance of the contract by us. We accept your offer either by sending an acceptance confirmation by e-mail or by delivering the goods. The contract is concluded upon receipt of the acceptance confirmation by e-mail or upon receipt of the goods by you.

(5) We store the contract text on our systems, which, however, are not accessible to you. However, we will send you a confirmation of the order with the details of the order to the e-mail address you provided when placing your order or enclose the relevant information on the order.

(6) The language of the contract is German.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract for online purchases is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

 

 

• 4 Delivery

(1) Details of the delivery conditions are set out in the respective product description or the product-specific order forms. Unless it is a digital product, you will receive the ordered goods by shipment. Delivery may also be made in partial deliveries at no additional cost to the orderer if this is necessary due to the large number or size of the products. BNC does not bear any return shipping costs.

(2) If no details of the delivery conditions are specified, the following conditions shall apply in the alternative. For deliveries within Germany, we charge flat-rate shipping costs of €5.90 net. For a goods order value of €50 net or more, no shipping costs are charged. For shipment by cash on delivery, the shipping costs amount to €11.58 net irrespective of the goods order value (including the delivery fee for DHL or another shipping service provider of our choice). Cash on delivery is only possible within Germany. All shipping costs are subject to the statutory value added tax. For deliveries abroad, the shipping costs depend on the country of delivery and the total weight of the order (DHL rates). They are displayed in the shopping cart before the order is completed.

(2) If you are an entrepreneur, the risk passes to you at the latest upon handover of the goods (the beginning of the loading process being decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies if partial deliveries are made or if we have assumed other services (e.g. shipping or installation). If shipment or handover is delayed as a result of a circumstance the cause of which lies with you, the risk passes to you from the day on which the goods are ready for dispatch and we have notified you of this.

 

• 5 Terms of payment and set-off

You have the option of paying by SEPA direct debit, PayPal, credit card, bank transfer or on account, at your choice.

(1) In the case of payment on account, the invoice is either enclosed with the consignment of goods or you receive it by e-mail. The amount is due immediately and must be paid within 14 days (“due date”). If you fail to pay the invoice amount by the due date for reasons for which you are responsible, we will charge flat-rate damages in the amount of [EUR 9.90]. You are free to prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate.

(2) In the case of payment by SEPA direct debit, in the event of a chargeback for which you are responsible, we will charge flat-rate damages in the amount of [EUR 9.90] (chargeback fee). You are free to prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate.

(3) When you select PayPal as the payment method, you will be redirected immediately to the PayPal homepage, where you log in to your existing PayPal account or register as a new user in just a few steps. After successful payment, you will automatically be redirected back to the product page. In order to use the PayPal service, it is necessary for you to agree to the direct debit agreement for debiting your PayPal account in the checkout dialogue. To do so, please check the payment details and confirm the amount. By agreeing to the direct debit agreement, we are entitled, until revoked, to debit amounts of varying size – insofar as these are due – from your PayPal account. The validity of our General Terms and Conditions is not affected by the payment terms and general terms and conditions of PayPal. They are applicable side by side.

(4) The assertion of further claims for damages by us shall remain unaffected by the provisions of this paragraph.

 

• 6 Right of retention and retention of title

(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

 

• 7 Rights in respect of defects (warranty)

(1) If the delivered goods are defective, you are entitled to the statutory claims for defects, unless the following provisions provide for restrictions.

(2) If you are an entrepreneur, the limitation period for warranty claims is one year from delivery of the purchased item. The limitation periods in the event of supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB) remain unaffected.

(3) If you are an entrepreneur, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed an agreement on the quality of the goods. We accept no liability for public statements by the manufacturer or other advertising statements.

(4) Opened goods will no longer be taken back. The goods are deemed to have been opened if an affixed seal or label with a sealing function has been broken. If no seal or label with a sealing function is affixed, the goods are deemed to have been opened if they have been used for the first time.

(5) If the purchase is a commercial transaction for both parties within the meaning of Section 343 of the German Commercial Code (HGB), Section 377 HGB shall apply.

(6) The above restrictions and reductions of time limits do not apply to claims for damages due to defects. Part 1 § 9 of these GTC applies to claims for damages due to a defect.

 

• 8 Damages

(1) We shall only be liable in the event of intent and gross negligence on the part of the company or its vicarious agents or agents, as well as in the event of a breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. In the event of a breach of a material contractual obligation that is not based on intent or gross negligence, our liability shall be limited to the foreseeable and typical damage.

(2) The above provisions do not apply in the event of injury to life, body and health and to liability under the German Product Liability Act (Produkthaftungsgesetz).

(3) Insofar as liability for damages towards us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff members, representatives and vicarious agents.

 

• 9 Product offers from affiliate partners

(1) In the case of product offers from affiliate partners, a contractual relationship is formed exclusively between the user and the respective affiliate partner as the product provider. In this case, we ourselves are not the provider of the respective products. Consequently, we do not guarantee that individual products are actually available at all and/or at the stated prices and/or correspond to the product information. All price and product information originates from the respective product provider; we have no influence on this.

(2) Insofar as links to websites of product providers are provided, we merely act as an access provider to the relevant websites of these product providers and are not responsible for the content presented there.

 

• 10 Copyrights

All publishing rights and copyrights to the delivered products are held by BNC. The commercial re-use and reproduction of the texts and photos is prohibited unless expressly agreed herein. This also applies to the entire Internet offering of BNC, with the exception of the press releases published on the Internet offering

 

• 11 Choice of law, place of performance and place of jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (principle of favourability).

(2) Insofar as you are not a consumer, the place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply, even if orders are placed from abroad or deliveries are made abroad.

 

• 12 Severability clause

Should any provision of these GTC be invalid or unenforceable, this shall not affect the validity of the other provisions. In such a case, the parties undertake to replace the invalid provision with another legally valid provision that fulfils the purpose of the omitted provision as closely as possible.

 

• 13 Dispute resolution in consumer matters

For the out-of-court settlement of consumer law disputes, the European Union provides an online platform (“ODR platform”) at: https://ec.europa.eu/consumers/odr/

Our e-mail address, at which you can contact us, is hello@bnc-nails.com We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.