1. The customer acknowledges our sales and delivery conditions below by placing an order. Changes require our written approval. The application of different and supplementary terms and conditions is excluded. Even if we do not expressly contradict them.
  2. Our offer is subject to change. Delivery contracts are only concluded if we confirm the order in writing or execute it by delivering the goods. Reductions in fees and discounts will only come about if we confirm the order in writing or execute it by delivering the goods (framework and condition agreement). Verbal agreements or promises require our written confirmation to be effective.
  3. Description of the goods and technical information are not a guarantee of quality; Such quality guarantees must be expressly agreed in writing. We would like to point out that the manufacturer reserves the right to change the goods unless this changes the agreed quality.
  4. We charge in euros at the price valid on the day of delivery. We are not liable for printing errors on price lists, brochures, online forms and such. All prices include sales tax. Packaging and shipping costs may be charged separately. Delivery is made to the customer’s delivery address, at our option, using the most cost-effective way. For express and air freight or airmail shipments, cash on delivery or such, the additional costs incurred will be charged regardless of the order quantity.
  5. The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or to the customer himself.
  6. Delivery dates and delivery periods are only binding if we have confirmed them in writing and the customer has provided us with all the information and documents required for execution and delivery in good time as well as has paid any agreed down payments. Agreed deadlines begin on the date of the order confirmation.
  7. Uncaused circumstances, which make the timely delivery of the ordered goods impossible or excessively difficult, as well as cases of force majeure, faulty or incomplete self-delivery release us from the delivery obligation for the duration of the hindrance or its aftereffect.
  8. A precondition for liability for defects is that the customer notifies us of any recognizable defects immediately, at the latest within seven days after receipt of the goods, in writing, by sending the delivery note. We are authorized to request that a sample of the rejected product be sent in, if necessary, that the entire rejected goods be returned. In the event of a justified complaint, we can either deliver goods free of defects or remedy the defect at our discretion (“subsequent performance”).
  9. If the customer’s notice of defects proves to be unjustified and if the customer was aware of this before the notice of defect was raised, the customer is obliged to compensate us for all expenses incurred in this connection.
  10. The limitation period for claims by the customer due to defects is 12 months after delivery of the goods to the customer. For claims for reasons other than defects, the statutory limitation periods remain.
  11. With the exception of returns due to defects, an unsolicited return of goods is not allowed. Under no circumstances does it exempt the customers from the obligation to pay. The return of purchased goods for credit or exchange is fundamentally only possible with our prior written consent; this does not apply to subsequent deliveries in the event of defects.
  12. We reserve the right to recall the delivered goods or to cancel deliveries if this should be necessary to examine the goods in the event of suspected manufacturing defects, in the event of defects, to avoid damage or for any other reason. In such a case, we grant the customer, at our option, the purchase price to the exclusion of further claims or deliver replacement goods.
  13. Our invoices are due for payment without any deductions after receipt of the invoice. We reserve the right to charge default interest at the statutory rate if the time limit is exceeded. The assertion of further damage caused by delay remains unaffected. Delay in payment occurs 14 days after the invoice date without a special reminder. We are not obliged to make further deliveries during the delay.
  14. Retention of due payments or offsetting due to any counterclaims of the customer are not possible, unless the counterclaims are undisputed or legally established.
  15. If, after the conclusion of the contract, we become aware of circumstances that give rise to doubts about the solvency or willingness to pay of the customer, we are only obliged to deliver against prepayment or security. If the advance payments or security payments are not made even after a reasonable grace period, we can withdraw from all or part of the contracts concerned in whole or in part. We reserve the right to assert further rights.
  16. The delivered goods remain our property until all claims from the business relationship have been paid in full. The customer is not entitled to pledge the goods to third parties or to transfer them as security. However, he may resell them in the normal course of business. The customer assigns the claim arising from resale to third parties to us to secure all our claims against him. If the customer collects the assigned claims for us, he must transfer the collected amounts to us as soon as our claims are due. We must be notified immediately of any attachments or other third-party access to our goods or rights.
  17. The place of performance for the obligations incumbent on us is the place from which delivery takes place. The place of performance for the obligation incumbent on the customer, in particular for payments, is Wemding.
  18. AG (District court) 86720 Nördlingen is responsible for all disputes arising from and in connection with the contractual relationship. However, we are entitled to sue the customer at another legal place of jurisdiction.

 

(As of January, 2021)

BEAUTY HEALTH BALANCE, Executive Director: Alexander C. Kaisler, Weidenweg 4, 86650 Wemding