Terms of service
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with L.A.B. Cosmetics GmbH. Further information about us can be found on our website, e.g. also the contact details of our customer service.
By placing the products in the online shop, we make an offer to submit a purchase offer for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer to purchase the goods contained in the shopping cart. You will receive a confirmation by e-mail immediately after sending the order. The contract is accepted on our part by an order confirmation or by the dispatch of the goods.
We reserve the right to reject your offer or to contest concluded contracts in cases where the ability to deliver is excluded due to errors in the goods management system or for other reasons.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers; they are also displayed during the ordering process.
We only deliver by mail. It is not possible to collect the goods yourself.
5. Prices and Payment
All prices, including those in these General Terms and Conditions, are gross prices including the statutory VAT applicable in Germany.
The following payment methods are generally available in our shop:
When you place your order, you send us your credit card details at the same time.
After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Klarna purchase on account / installment purchase / immediately
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract.
Invoice: The payment period is 14 days from the dispatch of the goods or, in the case of other services, the provision of the service.
Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice.
Immediately: Your account will be debited immediately after placing the order.
When paying byGoogleorApple Payyou can initiate payment transactions via your smartphone or wearable.
To pay with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data for this and confirm the payment with a payment method you have stored (credit card or giro card). The transaction is carried out immediately after placing the order. The payment data you have stored with Google Pay will not be transmitted to us.
To pay with Apple Pay, you must be registered with Apple and have the Apple Pay feature enabled. After selecting the payment method, please enter your access data to your Apple account to identify yourself. Then please confirm the payment instruction for the payment with a payment method you have stored (credit card or giro card) to us. Payment is made immediately after placing the order.
6. Retention of Title
The following applies to consumers:
In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full.
The following also applies to entrepreneurs:
If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
As an entrepreneur, you only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
If you are in arrears with any payment obligations towards us, all existing claims are due immediately. If the realizable value of the existing securities exceeds the secured claims by a total of 10 (ten) percent, we are obliged to release securities of our choice at your request.
7. Transport and transport damage
We only deliver by mail. It is not possible to collect the goods yourself.
Delivery to packing stations in Germany is possible.
The following applies to transport damage:
If you are a consumer:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
If you are an entrepreneur:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
We are liable for delivered goods in accordance with the statutory provisions with the following restrictions. If the goods delivered by us are defective, we will, at our discretion, deliver a replacement or repair it within a reasonable period of time. If the supplementary performance ultimately fails, which is suspected after two attempts at supplementary performance, we will, at the customer's request, refund the purchase price against return of the goods or reduce the purchase price appropriately. For digital products, we provide an update service to the extent required by law.
The statutory warranty periods apply from the date of receipt of the goods by the customer. The legal requirements for duration and scope apply to any updates. We will make the software available on our website subject to an immediate request from the customer. An adaptation to new operating systems, for which no claim was made at the time of purchase, does not take place.
When consumers buy used goods, however, the following applies: If the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery); in the case of digital products, supplementary performance usually takes the form of the provision of an update or patch.
The above limitations and shortening of deadlines - also towards entrepreneurs - do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the case of injury to life, limb or health in the case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential Contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (so-called cardinal obligations), within the framework of a guarantee promise, insofar as a guarantee has been agreed; the restrictions also do not apply insofar as the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: Customer Service contact details and hours are available on our website.
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, limb or health, in the case of intentional or grossly negligent breach of duty, in the case of promises of guarantees, if agreed, or if the area of application of the Product Liability Act.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (so-called cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the limited to the damage foreseeable upon conclusion of the contract, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
There are consumer arbitration boards to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all. The general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www. Verbraucher-schlichter.de is responsible for us. We will participate in a dispute settlement procedure before this body.
11. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Should individual provisions of the contract, including this provision, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective legal regulations take the place of the ineffective or missing provisions.
L.A.B. Cosmetics GmbH, den 1. Januar 2022