GENERAL TERMS AND CONDITIONS of the Company
My Good Beauty GmbH
68161 Mannheim, Germany
E-mail: [email protected]
Validity of the conditions / offers
(1) The following General Terms and Conditions apply to all contracts concluded between My Good Beauty GmbH and the end customer as a consumer within the meaning of § 13 BGB (German Civil Code) for deliveries via online trade.
(2) Offers from My Good Beauty GmbH are non-binding in all parts, unless My Good Beauty GmbH has explicitly marked them as binding. This applies in particular to drawings, illustrations, dimensions, weights or other performance data.
Conclusion of contract
(1) Contracts are concluded with My Good Beauty GmbH, Q7 17a, 68161 Mannheim, Germany. The managing director Fabian Baumann represents the company.
(2) The presentation of the products in the online shop does not represent a legally binding offer by My Good Beauty GmbH, but a non-binding invitation to submit an offer by the end customer. By clicking the “Buy” button, the end customer places a binding order for the goods contained in his shopping basket with My Good Beauty GmbH. The confirmation of the receipt of the order takes place together with the acceptance of the order by My Good Beauty GmbH immediately after sending by an automated e-mail. With this e-mail confirmation of My Good Beauty GmbH, the purchase contract has come into being according to the conditions and contents stated in the confirmation.
(3) My Good Beauty GmbH reserves the right to deviate from the contractually agreed quality of the goods as far as such deviations are customary in trade or represent an improvement.
III. revocation instruction
right of withdrawal
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. The right of revocation does not apply to distance contracts 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. Unsealed goods must remain unopened, My Good Beauty GmbH reserves the right to exclude opened goods from exchange or return. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period:
My Good Beauty GmbH
68161 Mannheim, Germany
E-mail: [email protected]
Consequences of revocation
If you revoke this Agreement, we shall repay to you all payments we have received from you, except for delivery charges and additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us) immediately and no later than 14 days from the date on which we received notice of your revocation of this Agreement. Delivery costs will only be borne by My Good Beauty GmbH if the reason for the revocation is demonstrably based on a defect. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will not be charged for this repayment. We may refuse a refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.
The goods must be returned immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to
My Good Beauty GmbH
68161 Mannheim, Germany
be returned or handed over. The time limit is met if you send the goods before the expiry of the 14-day time limit.
We shall not bear the costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, properties and function.
A refusal to accept the consignment or a failure to collect the consignment from the shipping service provider does not count as a revocation of the order. The forwarding expenses are not refunded also in these two cases.
End of the revocation instruction
(1) All prices of My Good Beauty GmbH are valid in Euro from the registered office of My Good Beauty GmbH plus separately stated shipping costs and statutory sales tax, unless otherwise agreed with the end customer. The type of packaging is at the discretion of My Good Beauty GmbH, unless otherwise agreed with the end customer.
(2) My Good Beauty GmbH reserves the right to make price changes in the case of the purchase of deviating quantities from the agreed scope.
Terms of payment, lump sum for damages
(1) When ordering via the online portal of My Good Beauty GmbH, the end customer has the following payment options:a) Prepayment
- Payment by credit card
- Payment by PayPal.
- Payment by invoice
- Payment by Sofortüberweisung The payment is only considered to have been made when the payment amount has been credited to the account of My Good Beauty GmbH. If the payment amount is not credited to the account of My Good Beauty GmbH, the end customer receives an invoice, which is payable 14 days after the date of invoicing plus any return debit fees and other third-party costs as well as a My Good Beauty GmbH processing flat rate of 5.00 €.(2) The end customer is only entitled to set-off, even if he makes a complaint or asserts counterclaims, if the counterclaims have been legally established, My Good Beauty GmbH has recognized them or if they are undisputed. The end customer is only entitled to exercise a right of retention if his counterclaim is based on the same contract.
(3) Claims arising from the business relationship may only be assigned by the end customer with the prior written consent of My Good Beauty GmbH.
(4) If My Good Beauty GmbH is entitled to claim damages from the end customer instead of the service, the end customer has to pay a lump sum of 30% of the contract sum. My Good Beauty GmbH reserves the right to assert further claims against proof. The end customer is permitted to prove that My Good Beauty GmbH has not suffered any damage at all or not in the amount of the lump sum of 30% of the contract sum.
(1) The delivery period begins with the day of dispatch of the order confirmation or after receipt of all documents to be provided by the end customer for the execution of the order, if these documents are not yet available on the day of dispatch of the order confirmation My Good Beauty GmbH.
(2) Delays in delivery and performance due to force majeure, natural disasters as well as industrial action through no fault of My Good Beauty UG’s own, or other unforeseeable and through no fault of My Good Beauty UG’s own, through reasonable expenses not to be overcome (limited by liability), entitle My Good Beauty UG (limited by liability) to postpone the delivery date for the duration of the disruptions to performance caused by these circumstances – at the most, however, for four weeks. My Good Beauty GmbH and the end customer are entitled to withdraw from the contract if the aforementioned reasons lead to an extension of more than four weeks; the end customer is at liberty to exercise other statutory rights of withdrawal at an earlier point in time – e.g. due to the loss of the basis of business or due to impossibility of performance for which My Good Beauty GmbH is not responsible.
(3) The delivery is subject to self-delivery if My Good Beauty GmbH has concluded a covering transaction for the delivery and for its part is not supplied for reasons for which it is not responsible. If the delivery from the covering transaction does not take place within the delivery period, My Good Beauty GmbH is obliged to inform the end customer of this immediately and it is entitled to withdraw from the contract. Furthermore, My Good Beauty GmbH is obliged to reimburse the end customer for any advance payments made. The assertion of claims for damages by the end customer due to such withdrawal is excluded.
(4) My Good Beauty GmbH is entitled to provide partial deliveries and partial services to the end customer, insofar as this is reasonable for the end customer and overpayments are reimbursed directly by My Good Beauty GmbH. If My Good Beauty GmbH delivers goods in the areas of new goods, limited editions and gift sets that have not been delivered on the agreed delivery date, My Good Beauty GmbH will deliver these goods to the end customer upon request, as far as and as soon as these goods are available again at My Good Beauty GmbH.
(5) If the end customer is in default of acceptance, My Good Beauty GmbH is entitled to demand compensation from the end customer for the damage it has suffered and for any additional expenses. Upon default of acceptance, the risk of accidental deterioration and accidental loss of the delivery item shall pass to the end customer.
(6) If the delivery of an order is due to errors of the end customer, such as input errors, My Good Beauty GmbH is entitled to retain the shipping costs. If a delivery is due to errors caused by My Good Beauty GmbH, the shipping costs for the first delivery will be borne by My Good Beauty GmbH.
(7) Two options are offered for deliveries to Austria. If the delivery without shipment number is selected by the customer during the ordering process, the order will not be delivered again if the shipment is lost. In this case My Good Beauty GmbH reserves the right to charge the outstanding amount despite loss and to demand the amount from the customer.
VII. claims for defects/liability
(1) If the delivered goods are defective at the time of delivery, My Good Beauty GmbH is obliged, at the option of the end customer, to remedy the defect or to deliver a defect-free item to the end customer (subsequent performance), unless My Good Beauty GmbH is entitled to refuse subsequent performance on the basis of the statutory provisions. The end customer must grant My Good Beauty GmbH a reasonable period for subsequent performance. During the supplementary performance, the reduction of the purchase price (reduction), the assertion of claims for damages due to the defect or the withdrawal from the contract by the end customer are excluded. The subsequent improvement shall be deemed to have failed with the second unsuccessful attempt. If the subsequent performance has failed, the end customer may reduce the purchase price or withdraw from the contract. The end customer can only assert claims for damages under the following conditions if the supplementary performance has failed. The right of the end customer to assert further claims for damages in accordance with the following provisions shall remain unaffected.
(2) My Good Beauty GmbH only provides warranty for obvious defects if the end customer notifies My Good Beauty GmbH of these defects in text form (e.g. letter, e-mail) within a period of 14 days from receipt of the goods. The timely dispatch of the notice of defects is decisive for compliance with the deadline.
(3) If the end customer makes changes to the products of My Good Beauty GmbH, the end customer’s claims for defects shall lapse insofar as one of these circumstances has caused the defect.
(4) My Good Beauty GmbH is liable for damages – for whatever legal reason – in cases of intent and gross negligence.
(5) In addition, My Good Beauty GmbH is liable for damages caused by simple negligent violation of such contractual obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the end customer regularly trusts and may trust. In this case, however, My Good Beauty GmbH is liable only to the extent that the damage is typically associated with the contract and foreseeable. My Good Beauty GmbH is not liable, notwithstanding the following paragraph 6, for the simple negligent violation of other obligations than those mentioned in the preceding sentences.
(6) The aforementioned limitations of liability in favour of My Good Beauty GmbH do not apply in cases of liability according to the Product Liability Act, in case of injury to life, body or health and also not if and insofar as My Good Beauty GmbH fraudulently concealed defects of the purchased item. Furthermore, the limitations of liability shall not apply if My Good Beauty GmbH has given a quality and/or durability guarantee with regard to the goods or parts thereof within the scope of the given guarantee. However, My Good Beauty GmbH shall only be liable for damage which is based on the breach of a given guarantee but which does not occur directly on the goods if the risk of such damage is clearly covered by the given guarantee.
(7) Insofar as the liability of My Good Beauty GmbH is excluded or limited hereafter, this also applies to the personal liability of its representatives, employees and vicarious agents.
VIII Retention of title
(1) My Good Beauty GmbH reserves the right of ownership until the final and complete payment of the delivered goods (reserved goods).
(2) The end customer has My Good Beauty GmbH from all access by third parties, in particular enforcement measures and other impairments of its
(co-)ownership immediately in writing. The end customer has My Good Beauty GmbH all damages and costs to replace, which result from a violation of this obligation and from necessary intervention measures against access of third parties.
(3) If the end customer acts contrary to the terms of the contract – in particular default in payment – My Good Beauty GmbH is entitled to withdraw from the contract after setting a reasonable deadline and to demand the return of the reserved goods and/or, if applicable, to demand the assignment of the end customer’s claims for return against third parties. The repossession of the reserved goods by My Good Beauty GmbH shall constitute a withdrawal from the contract, as shall their attachment by My Good Beauty GmbH. My Good Beauty GmbH is authorised to sell the reserved goods after they have been taken back; it will offset the proceeds from the sale against the liabilities of the end customer – less reasonable actual costs of sale incurred.
(4) Any processing or transformation of the reserved goods shall always take place for My Good Beauty GmbH as manufacturer. If the reserved goods are processed with other objects not belonging to My Good Beauty GmbH, My Good Beauty GmbH acquires co-ownership of the new object in the ratio of the value of the reserved goods (total gross price) to the other processed objects at the time of processing. If the (co-)ownership of My Good Beauty GmbH lapses due to combination or mixing, the contracting parties hereby agree that the (co-)ownership of the end customer in the uniform item shall be transferred pro rata to My Good Beauty GmbH. The end customer keeps the (co-)ownership of My Good Beauty GmbH free of charge.
(1) If the goods are manufactured and delivered in a design specially prescribed by the end customer, the end customer guarantees that the design does not infringe the rights of third parties, in particular patents, utility models, trademarks and other industrial property rights and copyrights. In such a case, the end customer is obliged to indemnify My Good Beauty GmbH from all claims of third parties that may arise from such an infringement.
(2) My Good Beauty GmbH reserves the right of ownership and copyright to cost estimates and other documents; they may only be made accessible to third parties with the prior consent of My Good Beauty GmbH. Drawings and other documents belonging to offers must be returned to My Good Beauty GmbH by the end customer upon their request.
Applicable Law, Place of Performance, Jurisdiction and Partial Invalidity
(1) All legal relationships between My Good Beauty GmbH and the end customer shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980.
(2) Place of performance for the services of My Good Beauty GmbH is Mannheim.
(3) The language of the contract is German. End customers outside the German-speaking area will receive a translation into the English language as part of the contract. In the event of discrepancies between the German and English versions of the contract, the German version shall always apply.
(4) Should one or more provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The same shall apply in the event of a loophole.
My Good Beauty GmbH
Managing Director: Fabian Baumann
Status: July 2019
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.