AGB/Conditions
General Terms and Conditions with Customer Information
Content directory
Scope of application
Contract conclusion
Right of withdrawal
Prices and payment conditions
Delivery and shipping conditions
Property reservation
Liability for defects (guarantee)
Special conditions for the processing of goods according to specific specifications of the customer
Redemption of promotional vouchers
Applicable law
Infringements of third-party rights
Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC")
acting under "Hennissy-Aesthetics" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur ("Customer") with the seller in respect of the goods displayed by the Seller in his online shop. This prohibits the inclusion of customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are largely not attributable to his or her commercial or self-employed activity.
1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legal person's association that acts in the exercise of its commercial or self-employed professional activity at the conclusion of a legal transaction.
2) Contract conclusion
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the seller, but are used to make a binding offer by the customer.
2.2 The customer can submit the offer through the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and having passed the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that closes the ordering procedure.
2.3 The seller may accept the offer of the customer within five days,
by sending to the customer a written order confirmation or a text confirmation (fax or e-mail), in which case the customer's access to the confirmation of the order is decisive, or
by delivering the ordered goods to the customer, insofar as access to the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If more than one of the above-mentioned alternatives exists, the contract shall be concluded at the time of the first occurrence of one of these alternatives. The deadline for accepting the offer begins on the day following the sending of the offer by the customer and ends on the expiry of the fifth day following sending the bid. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of will.
2.4 When choosing a payment method offered by PayPal, 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 (hereinafter: “PayPal”), subject to the terms of use of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to conditions for payments without PayPal account, available under https:// www.payPal.com /de/Webapps /mpp /ua/rivacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the moment when the customer clicks the button that completes the ordering procedure.
2.5 When choosing the "Amazon Payments" payment method, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the agreement of use of Amazon payments Europe, available at https://payments.amazon.de/help/201751590. If the customer chooses "Amazon Payments" as the payment method as part of the online ordering process, he or she will also issue a payment order to Amazon by clicking the button that closes the ordering procedure. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that closes the ordering process.
2.6 When an offer is submitted via the Seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Further access to the contract text by the seller is not made. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Vendor's website and can be accessed free of charge by the customer through his password-protected user account, indicating the corresponding login data.
2.7 Before binding placing the order via the online order form of the Seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlarging function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering procedure.
2.8 -
2.9 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address given by him in order to process the order is valid, so that at this address the e - mail sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by this third party entrusted with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are entitled in principle to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s notice of cancellation.
4) Prices and payment conditions
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices, which include the statutory VAT. Additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option/s will be communicated to the customer in the online shop of the seller.
4.3 When choosing one of the payment methods offered through the "Shopify Payments" payment service, the payment will be processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (nachfolgend "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, which may be subject to special payment conditions, which the customer may be specified separately. More information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 If the seller offers the shipment of the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons to be represented by the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs of the shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the arrangement made in the seller's notice of revocation applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer once the seller has delivered the goods to the freighter, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold in principle passes only with the delivery of the product to the customer or a person entitled to receive it. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the consumer as soon as the seller has delivered the thing to the freighter, the freight carrier or the person or institution otherwise designated for the execution of the shipment, if the customer has commissioned the shipper, the cargo carrier, or the other person or establishment designated to carry out the dispatch and the vendor has not previously designated the customer such person or agency.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or incorrect self-delivery. This applies only in the event that the non-delivery is not to be represented by the seller and the latter has concluded a concrete deal with the supplier with the due care. The Seller will make every reasonable effort to obtain the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded without delay.
5.5 Self pickup is not possible for logistical reasons.
6) Property reservation
If the seller enters in advance, he reserves ownership of the delivered goods until full payment of the due purchase price.
7) Liability for defects (guarantee)
7.1 Unless otherwise stated in the following regulations, the provisions of the statutory liability shall apply. By way of derogation, in the case of contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from the date of delivery of the goods;
in the case of used goods, the rights and claims for defects are excluded;
does not start the limitation again if a replacement delivery takes place within the framework of the liability for defects.
7.3 The above-mentioned limitations of liability and time reductions do not apply
for damages and expenditure claims of the customer,
in the event that the seller has deceitfully concealed the defect,
for goods which, in accordance with their usual use, have been used for a construction work and which have caused its defect;
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse shall remain unaffected.
7.5 If the customer acts as a merchant pursuant to § 1 HGB, he shall have the commercial duty to investigate and report according to § 377 HGB. If the customer fails to comply with the declaration obligations regulated therein, the goods are deemed to be approved.
7.6 If the customer acts as a consumer, he or she is requested to complain of goods delivered with obvious transport damage to the distributor and to inform the seller of this. If the customer does not comply, this will have no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of goods, the seller is obliged to process the goods in accordance with specific specifications of the customer, the customer shall provide all the content necessary for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant him the necessary rights of use. The customer is solely responsible for the acquisition and acquisition of rights to these contents. The Customer declares and assumes responsibility for having the right to use the content assigned to the Seller. In particular, it ensures that it does not infringe the rights of third parties, in particular copyright, trademark and personality rights.
8.2 The Customer shall release the Seller from claims of third parties which they may claim against him in connection with a violation of their rights by the contractual use of the Customer's contents. The customer shall also bear the necessary costs of legal defence, including all legal and lawyer costs in the statutory amount. This does not apply if the infringement is not to be represented by the customer. The Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defence, without delay, in a truthful and complete manner, in the event of a claim by a third party.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or regulatory prohibitions or good morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and/or violent.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller in the context of promotions with a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Actions vouchers") can only be redeemed in the Online Shop of the Vendor and only for the specified time period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completion of the order process. A subsequent transfer is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.
9.7 The balance of a promotional voucher is neither paid out in cash nor premiated.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid with the promotional coupon in whole or in part within the framework of his statutory right of withdrawal.
9.9 The promotional voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive right of claim of the respective voucher holder.
10) Applicable law
All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not deprived by mandatory provisions of the law of the State in which the consumer has his habitual residence.
11) Infringements of third-party rights
We expressly point out that Hennessy Aesthetics assumes no liability for infringements of third-party rights that may arise from our customers wearing our products.
12) Alternative dispute resolution
12.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.
12.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration body.
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