General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (nili cosmetics GmbH) via the website https://skinuance.com/. Unless otherwise agreed, the inclusion of any terms you may use is hereby opposed.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods .

(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase will be placed in the "Shopping Cart". You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to Order"  (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the provider's website of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop, as an order overview.

Before submitting the order, you have the opportunity to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
 
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by SPAM filters.

§ 3 Special agreements regarding offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be separately informed about them. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory liability for defects exists.

(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) To the extent that a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before submitting the declaration of contract by us and the deviation was expressly and separately agreed upon between the contracting parties.

§ 6 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The place of performance for all services from the business relationships existing with us, as well as the jurisdiction, is our registered office, provided you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU, or if the residence or habitual residence at the time of filing the lawsuit is not known. The authority to also call the court at another legal jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention do not apply.




II. Customer information

1. Identity of the seller

nili cosmetics GmbH
Rauegjaat 8
25946 Nebel
Germany
Telefon: +491714493606
E-Mail: admin@skinuance.com


Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our general terms and conditions (Part I.).

3. Language of the contract, storage of the contract text

3.1. The language of the contract is German .

3.2. The complete contract text will not be stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3. Costs incurred for money transfers (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated for the execution of the shipment.

7. Statutory Warranty Law

The liability for defects is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).

These terms and customer information were created by the lawyers specialized in IT law of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2023