General Terms & Conditions

1. GENERAL

These General Terms of Business apply to our contracts, deliveries and other services with all clients (private clients, end clients, cosmeticians, etc.). Any deviations from these conditions require our express written consent. SC Cosmetics Handels GmbH is entitled to amend or supplement these Terms of Business. These GTB enter into force on 1 January 2017. They replace all GTB of SC Cosmetics Handels GmbH which were valid before this date.

2. OFFER

Our offers are non-binding. Contracts and orders are only binding for us if we confirm them or comply with them by dispatching the merchandise. Oral agreements apply only if we confirm them in writing. When using the delivered goods, third-party proprietary rights must be observed. Typographical differences and technical changes are possible.

3. PRICES

Calculation is always based on the prices valid on the day of delivery. If these are higher than at contract conclusion, Client is entitled within 8 days after notification of the price increase to withdraw from the contract regarding the quantities not yet accepted. The prices are given in euros and do not include VAT. Prices are subject to change. If "carriage paid home" delivery has been agreed, the prices named by us are based on the shipping costs and additional charges valid at the time of offer. If the shipping costs and additional charges change, our delivery prices will be adjusted accordingly, to Seller's benefit or detriment, without giving Buyer the right to withdraw. For shipments in EU countries, no VAT will be calculated if a valid VAT ID Number is given when the order is placed.

4. PAYMENT CONDITIONS

Devices and basic material equipment are to be paid for in advance. Orders will be settled in one of the following ways: in advance, cash on delivery (only in Austria and Germany), direct debit, credit card (online), Immediate (online), or PayPal (online). After consulting with us, the invoices can be paid without deduction within 14 days from the invoice date free of postage and charges. If payment is late, 10% p.a. is agreed as default interest, and €6 will be charged for reminder fees and other incurred costs (such as banking fees). If a direct debit procedure fails, all additional expenses will be charged to Client.

5. DELIVERY

The minimum order value amounts to €60 net. If an order value falls below this amount, a €10 processing fee will be charged. The flat shipping rate amounts to €6 for Austria, €8 for Germany and €15 for other EU countries. For orders over €300 net, no shipping costs will be invoiced for Austria and Germany. For deliveries using EMS, a 24-hour service within Austria, the flat shipping rate will be €15. No shipping costs will be incurred for the first order (except online) or follow-up deliveries. For deliveries outside the EU, the shipping costs actually incurred will be charged. Loading and shipping are not insured, and will be at the recipient's own risk. Our obligation to deliver will be suspended as long as Buyer is in arrears with outstanding liabilities. If an agreed delivery period is culp­ably exceeded, delivery is deemed late only after setting a reasonable grace period.

6. TRAINING COURSES

Registration in our educational courses, training sessions and workshops is binding after it has been confirmed or invoiced in writing by SC Cosmetics Handels GmbH. The course fee is due 30 days before the course begins. Course participation can be cancelled only in writing. If this occurs, the following cancellation fees will be charged:

Up to 30 days before the course begins: 30% of total costs

Up to 15 days before the course begins: 50% of total costs

Up to 7 days before the course begins: 80% of total costs

Fewer than 7 days before the course begins: 100% of total costs

SC Cosmetics Handels GmbH reserves the right to cancel or postpone a planned or ongoing course for organisational or other reasons.

7. WARRANTY

All information about the suitability, processing and utilisation of our products, all technical advice, and other information is given to the best of our knowledge, but does not relieve Buyer of their responsibility to conduct their own examinations and tests. When Buyer receives the delivered goods they shall immediately inspect them for defective quality or functionality — including by performing a reasonable sample test — failing which the goods will be deemed accepted. Objections will be considered only if they are made in writing with enclosure of supporting documents within eight days after receiving the goods — if the defects are hidden, after their discovery — but at the latest six months after the goods have been received. Disputed goods may be returned only with our express consent. Our warranty obligation is limited at our discretion to replacement delivery, rescission, reduction in price, or improvement.

8. GUARANTEE

SC Cosmetics Handels GmbH offers a 2-year guarantee for all devices. If products must be repaired after their guarantee has expired, Client shall bear the costs. During the repair process, SC Cosmetics Handels GmbH shall provide Client with a replacement device or hand piece if one is available. Client shall return this replacement device or hand piece to SC Cosmetics Handels GmbH once they receive the repaired product. If a replacement device or hand piece is damaged or not returned, Client shall compensate for damages. In instances of force majeure (which include circumstances and events that could not have been prevented even if exercising the diligence expected of proper business management), the Parties' contractual obligations are suspended for the duration of the disruption and the scope of its effect. If the resulting delays exceed a period of six weeks, both Contracting Parties are entitled to withdraw from the contract regarding the scope of performance affected. The Parties are not entitled to any other claims.

9. COMPENSATION FOR DAMAGES

To the extent permitted by law, our obligation to compensate for damages, irrespective of legal grounds, is limited to the invoice value of our quantity of goods directly involved in the damage-causing event. This does not apply if we are fully liable due to our deliberate or gross negligence according to mandatory statutory provisions.

10. RETENTION OF TITLE

Until the goods have been fully paid for they will remain the property of SC Cosmetics Handels GmbH. If payment is late, we are entitled to withdraw from the purchase contract. Buyer shall inform us immediately with a registered letter of any third-party access to the goods and receivables belonging to us. Exercising retention of title will not be deemed withdrawal from the contract. Until our claims have been fully paid, the goods and the claims that replace them must not be pawned, transferred for security or otherwise ceded to third parties.

11. Data protection

We shall treat your data as confidential, in compliance with the Austrian Data Protection Act (DSG), and shall not for­ward it to third parties without your consent.

12. PLACE OF PERFORMANCE AND PLACE OF JURISDICTION

The place of performance for delivery is the respective dispatching location of the goods. Austrian law is agreed. For all legal disputes arising from the contractual relationship, BG Kufstein is agreed as the place of jurisdiction.

 

Copyright: SC Cosmetics Handels GmbH, Baumgarten 26, A-6320 Angerberg

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