1. General
1.1 Scope of application
These General Terms and Conditions of Business apply in the version valid at the time the contract is concluded for all business relations between us (ABH GmbH, Im Vogelgesang 4, 60488 Frankfurt am Main, Germany, represented by its managing director: Mr. Baruch Boker) and you. Should you use conflicting General Terms and Conditions of Business, these are hereby expressly rejected.
1.2 Contract agreement
Contract languages are German and English.
1.3 Registration
To use the full scope of our website, it is first necessary to create a customer account. In doing so, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the “Register” button. You will then receive a confirmation e-mail with the information required for a login. Only when you have logged on to our website with these details for the first time is registration complete.
The password, which enables you to access the personal area, is to be treated as strictly confidential and may under no circumstances be passed on to third parties. You will take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data including invoice address and, if necessary, a different delivery address, unless you have already entered this in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g., name, address, method of payment, ordered items) once again and correct any input errors before you confirm your order by clicking on the button “order with obligation to pay”. With your order, you declare your binding offer of contract. We will immediately confirm receipt of your order. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you that the goods have been dispatched. The contract is only concluded upon acceptance.
1.5 Subsequent amendment of the terms and conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions with respect to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed not only insignificantly. A subsequent amendment of the General Terms and Conditions of Business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both you and we can terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone the delivery by the duration of the obstructive event.
2.3 Exclusion of delivery
P.O. box addresses will not be delivered.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us will be made within five days. In the case of advance payment, the start of the delivery period is the day after the payment order is issued to the remitting bank or, in the case of payment by cash on delivery or purchase on account, the day after the contract is concluded. The period shall end on the fifth day following this. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the period shall end on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices include value added tax. In addition, the costs for packaging and shipping are shown separately, unless collection by you at our place of business is agreed.
3.2 Default of payment
You are in default of payment if we do not receive a payment within two weeks of receipt of the invoice. In case of default of payment, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of a claim for further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation instruction for consumers in distance selling contracts
Revocation instruction
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen 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 goods / the last goods.
In order to exercise your right of revocation, you must inform us (B. A. Beauty GmbH Alte Rothofstraße 2-4 60313 Frankfurt, Phone: +49 69 97691071, E-Mail: info@excelsior.care) by means of a clear statement (e.g., a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back 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 date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for testing their condition, properties and functionality.
– End of the revocation instruction –
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods which 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. Similarly, the right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Special information on the premature expiry of the right of revocation
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the seal on the goods was removed after delivery. For contracts for the delivery of audio or video recordings or computer software in a sealed package, your right of revocation expires prematurely if the seal was removed after delivery.
5. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods under simple reservation of title with care at all times. You assign to us any claim or compensation you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
6. Warranty
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular, with regard to the descriptions, representations and details in our offers, brochures, catalogs, on the website and other documents, technical and design deviations may occur (e.g., color, weight, dimensions, design, scale, positioning or similar), insofar as these changes are reasonable for you. Such reasonable reasons for changes may result from customary fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the sold goods is only transferred to you upon delivery of the goods. Should you notice that the outer packaging arrives damaged or if you notice damage after receipt of the goods, please inform us. However, there is neither an obligation for such a notification, nor are the warranty rights affected by a failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw from the contract or demand a reduction in price.
6.3 Warranty towards entrepreneurs
In the case of entrepreneurs, in deviation from the statutory warranty regulations, in the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after the discovery in text form; otherwise, the assertion of warranty claims is excluded. Timely dispatch suffices to comply with the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defects.
6.4 Rights in case of insignificant defects
In the event of an insignificant defect, you shall only be entitled to an appropriate reduction of the purchase price under exclusion of the right of withdrawal.
6.5 Compensation for defects
No warranty is given for damage resulting from improper handling or use. The following exclusion of liability is expressly referred to.
6.6 Statute of limitations
The warranty for used goods is one year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods it is one year. Excluded from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7. Liability
7.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is valid as agreed.
8.3 Consumer dispute resolution proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS Platform). You can access the OS Platform under the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.