Terms & Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Laura Mertesz, operating under “Hausmann Kosmetik” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the order process. Alternatively, the Customer may also submit the offer by email to the Seller.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt by the Customer is decisive,
by delivering the ordered goods to the Customer, or
by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the alternatives first occurs. If the Seller does not accept the Customer’s offer within the specified period, this shall be deemed a rejection of the offer.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A. under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

2.5 The contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email).

2.6 Before submitting a binding order, the Customer may identify and correct input errors by carefully reviewing the information displayed on the screen.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication generally take place via email and automated order handling. The Customer must ensure that the email address provided is correct and capable of receiving messages from the Seller.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery or shipping costs are stated separately.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract.

4.4 When selecting a payment method offered via PayPal, payment processing is carried out through PayPal, which may also use third-party payment service providers. The Seller may assign its payment claim to PayPal or the designated payment service provider.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the Customer upon handover to the shipping service provider.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. In such cases, the Customer will be informed immediately and any consideration already provided will be refunded.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance delivery, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects shall apply.

7.1 If the Customer is an entrepreneur, the Seller may choose the type of subsequent performance and shortened limitation periods apply.

7.2 The limitations of liability do not apply in cases of intent, fraudulent concealment of defects, or mandatory statutory liability.

7.3 Statutory limitation periods for any right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of the German Commercial Code (HGB), the duty to inspect and notify defects applies.

7.5 Consumers are requested to report obvious transport damage to the carrier and inform the Seller.

8) Liability

The Seller shall be liable without limitation for intent, gross negligence, and injury to life, body, or health.

In all other cases, the Seller’s liability is excluded.

9) Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. Translation Notice

This English version is provided for convenience only. In the event of discrepancies, the German version shall prevail. Only the German version is legally binding.