Terms of service
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 rejected.
(2) Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 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 via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are 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 button "Checkout" or "Proceed to Order" (or similar designation) and entering the personal data as well as the payment and shipping terms, the order data will finally 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 by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by SPAM filters.
§ 3 Conclusion of the contract for courses
(1) The subject of the contract is the execution of courses.
By listing the respective course offer on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded through the online shopping cart system as follows:
The courses intended for booking are 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 button "Checkout" or "Proceed to Order" (or similar designation) and entering the personal data as well as the payment terms, the order data will finally 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, you declare your binding acceptance of the offer, thereby concluding the contract.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by SPAM filters.
§ 4 Provision of services in courses
(1) The implementation of the courses in the form described in the respective offers takes place on the agreed dates.
(2) As far as the implementation of the courses depends on the number of participants, the minimum number of participants is derived from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g., by email) at the latest 7 days before the start of the course about the non-occurrence of the booked course. Any services already rendered will be refunded immediately in this case.
(3) In the event of cancellation of a single event due to the short-term absence of the course leader due to illness or for another important reason, the services already rendered will be refunded immediately.
In events consisting of multiple event dates, if one date is canceled due to the short-term absence of the course leader due to illness or for another important reason, the canceled date will be made up on a replacement date.
(4) In connection with the use of course rooms and objects, you must comply with the house rules available on-site. You must follow our instructions or the instructions of the course leader.
§ 5 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge up to 3 days before the start of the course. The withdrawal must be in text form (e.g., email). The relevant time for compliance with the deadline is the receipt of the withdrawal declaration by us.
Less than 3 days before the start of the course, withdrawal is no longer possible.
(2) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.
(3) The statutory right of withdrawal is not affected by this; it exists independently of the existence or non-existence of this additional right of withdrawal.
§ 6 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 (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 7 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 8 Warranty
(1) The statutory defect liability rights apply.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting the declaration of contract by us and the deviation was expressly and separately agreed upon between the contracting parties.
§ 9 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive 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 arising from our business relationships and the place of jurisdiction is our registered office, unless you are 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 place of jurisdiction in Germany or the EU or if your residence or habitual residence is not known at the time of filing the lawsuit. The authority to also call the court at another legal place of 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: +49 4682-968801
E-Mail: admin@skinuance.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr (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 contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, 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, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for money transfer (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.
5.6. Unless otherwise agreed, payment for courses must be made on-site at the latest by the course date before the start of the course; otherwise, there is no entitlement to participate.
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 (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last updated: 29.11.2023