General terms and conditions with customer information

Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redeeming promotional vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution


1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of M&P Kosmetik und Handels KG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the seller with regard to the terms and conditions agreed by the seller goods presented in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.


2) Conclusion of contract

2.1 Provide the product descriptions contained in the seller's online shop
do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can 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), in this respect
Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract comes into effect
The point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at
Validity of the PayPal terms of use, which can be viewed at https:/ www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account - subject to the payment terms and conditions
without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the online order form
The seller can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Different languages ​​are available for concluding the contract. The
Specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and
automated order processing takes place. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.


4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description,
The prices stated are total prices, which are the legal ones
Sales tax included. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 The payment option(s) will be available to the customer in the online shop
communicated to the seller.

4.3 When selecting a payment method offered via the “PayPal” payment service
Payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only contact PayPal or
payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.

4.4 If you select the credit card payment method via Stripe, the invoice amount is included
Conclusion of contract due immediately. Payment is processed via the
Payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.5 When selecting a payment method offered via the “Klarna” payment service
Payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information as well as the
Klarna’s conditions for this can be viewed here: https://www.klarna.com/at/


5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will take place within
of the delivery area specified by the seller to the one specified by the customer
Delivery address, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible,
the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer is
effectively exercises the right of withdrawal. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right in case of incorrect or incorrect
to withdraw from the contract after proper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.


6) Retention of title

If the seller makes advance payments, he reserves the right to do so until full payment has been made
ownership of the delivered goods for the purchase price owed.


7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, these apply
Provisions of statutory liability for defects. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are
excluded;
- the statute of limitations does not begin again if, within the scope of liability for defects,
Replacement delivery is made.

7.2 The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that are intended for a building in accordance with their usual use
have been used and have caused its defectiveness,
- for any existing obligation of the seller to provide
Updates for digital products, for contracts for the supply of goods with digital elements.

7.3 In addition, the statutory limitation periods apply to entrepreneurs
Any existing legal recourse claim remains unaffected.

7.4 If the customer acts as a consumer, he is asked to include the delivered goods
to complain to the delivery person about obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.


8) Redeeming promotional vouchers

8.1 Vouchers issued by the seller as part of promotions with a
certain period of validity are issued free of charge and by the customer
cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash
interest paid.

8.8 The promotional voucher will not be refunded if the customer receives the voucher
Promotional voucher returns goods paid for in whole or in part within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.


9) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.


10) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or
special fund under public law based in the territory of the Republic
Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside of
The territory of the Republic of Austria is the place of business of the seller
exclusive place of jurisdiction for all disputes arising from this contract if the
Contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.


11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform on the Internet under the following link
Online dispute resolution available: 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.

11.2 The seller is obliged to take part in a dispute resolution procedure before a
Consumer arbitration board neither obliged nor willing.