General Terms and Conditions for Consumers
§ 1 Introduction
§ 1.1 Scope, contracting parties
a.) These General Terms and Conditions (“GTC”) in their version valid at the time of ordering apply to the agreement between PERMANENT-Line GmbH & Co. KG, Mengeringhäuser Str. 15, 34454 Bad Arolsen, Germany, telephone +49 (0)569189530, HR A 1546 Korbach, VAT ID: DE02735560108, represented by PERMANENT-Line Schneider Kosmetik GmbH and in this context by its Managing Directors Marcus Schneider and Maurice Schneider (Click: “Imprint”) - hereinafter “Provider” - and ordering customers - hereinafter “Customer” - concluded via the online shop www.LaBina24.de. Deviating general terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.b.) The customer and contractual partner of the provider within the meaning of these GTC can only be a contractor within the meaning of § 14 BGB, as well as legal persons under public law or a special fund under public law.
c.) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are provided for customer information purposes only. This version of the contract is a translation of the German original contract, which can be viewed at (https://https://www.labina24.de/en/Legal/General-terms-and-conditions/). In the event of any doubts regarding the interpretation of a clause in the contract, exclusively the German version of the contract shall be decisive.
§ 2 General contractual bases
§ 2.1. Conclusion of the contract
a.) The presentation of the goods in the provider’s online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).b.) Customers can select products from the provider’s assortment in the online shop and collect them in a so-called shopping basket via the button “Add to Cart”. Via the button “Submit order”, the customer issues a binding application to purchase the goods and/or services in the shopping basket. Before submitting the order, the customer can change and view the data at any time, as described under § 2.2. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking the “Accept Terms” button and has thereby included them in his application.
c.) The provider sends the customer an automatic acknowledgement of receipt by e-mail after receipt of the request, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request.
d.) The contract is only concluded by the submission of the acceptance declaration by the provider, which is sent with a separate e-mail (order confirmation). The contract text (consisting of the order, GTC’s and order confirmation) as well as the legally prescribed information for distance contracts will be sent to the customer on a permanent data medium (e-mail or paper printout) either with this order confirmation e-mail, in a separate e-mail or, at the latest, upon delivery of the goods and/or services. The provider is entitled to reject an offer without stating reasons.
e.) The contractual terms shall not be stored by the provider. Customers are asked to check their e-mail mailbox’s SPAM folder regularly.
§ 2.2 Correction of input errors
a.) As part of the ordering process, customers place the desired goods and/or services in the shopping basket. There, customers can change the desired number of units at any time or remove selected goods and/or services completely. If goods or services have been deposited there, by clicking on the “Proceed to checkout” buttons, customers first get to a page where they can enter their data and then select the method of shipping and payment.b.) Finally, an overview page opens where customers can check their details. Input errors (e.g. regarding payment type, data or the desired number of pieces) can be corrected by clicking on “Edit” or “Back to shop” in the respective field. If a customer wants to cancel the order process completely, the browser window can be closed. Otherwise, after clicking on the confirmation button “Buy now”, the declaration of the customer becomes binding within the meaning of section § 2.1 b.) of these GTC.
§ 2.3 Registration as user
a.) Customers can order goods as registered users in the provider’s online shop. As a registered user, customers do not have to provide their personal data every time, but can simply log in to their customer account before or as part of an order with their e-mail address and the password they freely choose when registering. Registration alone does not constitute any obligation to purchase the goods offered by the provider. Customers will find information on the processing of their data in the data protection information, which can be accessed at the following link.b.) When registering, customers choose a personal user name, an e-mail address and a password (hereinafter: “Login data”). The access data is to be kept secret. The customer assumes responsibility for all actions undertaken by the users authorised by him within the scope of his access data. The customer will inform the provider immediately if his access data has become known to unauthorised third parties.
c.) Customers can delete their user account at any time under “My account”. This does not affect contracts already entered into. If a customer’s personal data changes, the customer is responsible for updating it. All changes can be made online after logging in under “Login”.
§ 2.4 Delivery and shipping
a.) Delivery times indicated are calculated from the time of the order confirmation of the provider, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is specified for the respective goods in the online shop, this is 1 to 3 days within Germany, 4 to 7 days within the EU and 7 to 21 days worldwide.b.) If no copies of the product selected by the customer are available at the time of the customer’s order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider shall refrain from declaring acceptance. No contract will be concluded in this case.
c.) If the product identified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer immediately in the order confirmation.
d.) The following delivery restrictions apply: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany, United Kingdom, Belgium, France, Italy, Netherlands, Poland, Portugal, Spain - Canary Islands, Spain, Austria, United States, Argentina, Australia, Bermuda, Bosnia-Herzegovina, Bulgaria, Colombia, China, Denmark, Estonia, Finland, Gibraltar, Greece, Guadeloupe, Hong Kong, Indonesia, Ireland, Iceland, Israel, Canada, Kosovo, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Morocco, Martinique, Mayotte, Macedonia, Moldova, Monaco, Montenegro, Namibia, New Caledonia, New Zealand, Norway, Philippines, Romania, Réunion, Sweden, Switzerland, Serbia, Singapore, Slovakia, Slovenia, South Korea, Taiwan, Thailand, Czech Republic, Tunisia, Turkey, Ukraine, Hungary, United Arab Emirates, Vietnam, Cyprus.
§ 2.5 Prices and shipping costs
a.) The prices stated in the online shop at the time of the customer’s order apply.b.) All prices quoted in the online shop are inclusive of the applicable statutory value added tax.
c.) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
d.) Shipping costs incurred are listed in the product description as well as in the order form and are shown separately by the provider on the invoice. These are to be borne by the customer. If the order value exceeds 75 EUR, the supplier delivers free shipping to the customer within Germany. Within the EU from a purchase order value of 150€.
e.) If the customer has ordered several products at once, the individual products can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are charged only once.
f.) In the event of a cancellation, the customer must bear the direct costs of the return.
§ 2.6 Terms of payment
a.) The customer can make the payment via PayPal, prepayment, surname, credit card (Visa/Master/Amex), instant transfer, Klarna - online transfer, Klarna - purchase on account and Klarna - instalment purchase, iDEAL, Bancontact, Belfius Direct Net, KBC/CBC, EPS, Giropay, Przelewy24 and Apple Pay, depending on the billing country. The provider’s bank details are: IBAN number DE21523500050001076496, Swift- BIC code HELADEF1KOR.b.) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the provider shall be required to pay default interest in the amount of 5 percentage points above the base rate for the year. The customer’s obligation to pay interest on arrears does not rule out the enforcement of further default damages by the provider.
c.) In the case of the use of an “online payment function”, with which customers process payments via a payment service provider, the customer must create a user account with the payment provider and thereby concludes a separate contract with this payment provider. The content and scope of the services connected with this service, including the costs incurred by the customer for the use of these functions (transaction costs), shall be governed solely by the contract concluded between the payment provider and the customer. The provider has no influence on the transaction costs collected by the payment provider and to be paid by the customer. The fees and charges payable to the payment service provider are set out in the service description. When using the online payment function, the provider does not process the customer’s access, payment or credit card data and assumes no responsibility for the execution of the transactions. In the case of refunds or other repayments by the customer, the transaction costs incurred up to then remain unaffected.
d.) The provider is entitled to charge an appropriate reminder fee in the event of a reminder for unauthorised non-payment initiated by the customer. In this case, the customer is always at liberty to prove that the provider has suffered no or only a minor damage. e.) If the customer is in default of payment and does not pay within a further payment period of at least two (2) weeks, the provider is entitled, with reference to these legal consequences, to postpone the provision of the contractually owed services until full payment for the time being or to stop all or part of it. However, the customer is not exempted from his payment obligation in this case either.
§ 2.7 Offsetting
a.) The customer shall not be set off unless the counterclaim has been legally established, is ripe for adjudication or is undisputed or includes a claim for compensation due to defect elimination costs from the same contractual relationship.§ 2.8 Retention of title
a.) The goods remain the property of the provider until full payment has been made.§ 2.9 Warranty and guarantees
a.) Insofar as the goods purchased and delivered in the online shop are defective, the provider is liable in accordance with the legal provisions applicable to this.b.) The buyer will inspect the goods immediately after delivery; see also [§ 377 para. 1 BGB]
c.) The limitation period for warranty claims for the delivered goods is one year from receipt of the goods. Claims for defects which the provider has fraudulently concealed shall expire within the regular period of limitation.
d.) In addition, customers are entitled to rights due to defects in the context of a quality and/or durability guarantee, provided the provider has expressly surrendered such rights with regard to the sold item in individual cases.
§ 2.10 Limitation of liability
a.) Claims of the customer for damages are excluded. This does not include claims for damages by the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on a deliberate or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.b.) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless the customer has a claim for damages from injury to life, body or health.
c.) The restrictions of § 2.10 a.) and § 2.10 b.) also apply to the legal representatives and vicarious agents of the provider, if claims are made directly against them.
d.) The limitations of liability arising from § 2.10 a.) and § 2.10 b.) shall not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the goods. The same shall apply if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 3 Final provisions
3.1 Applicable law and jurisdiction
a.) For all contracts between the provider and the customers, the law of the Federal Republic of Germany under exclusion of the UN Sales Law applies. b.) The place of jurisdiction for all disputes arising from the contractual relationship is Bad Arolsen, Germany. 3.2 Miscellaneous a.) Should individual provisions of this contract be ineffective, the remainder of the contract shall not be affected. b.) The invalid points will be replaced by the applicable legal provisions, if available. However, if this would cause undue hardship for one of the contracting parties, the contract as a whole will be considered to be ineffective.Bad Arolsen, 6/2/2024