Conditions générales
1. Scope of application
The following terms and conditions apply to all orders placed via our online store.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The contract of sale is concluded with O2H UG.
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. 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 tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order and does not constitute acceptance of the contract.
When the contract with us is concluded depends on the payment method you have chosen:
Prepayment
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.
Credit card
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
SOFORT bank transfer
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung, where you confirm the payment instruction to SOFORT Überweisung. Thereby the contract with us comes into effect.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
5. Payment
In our store, the following payment methods are generally available:
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
When you place your order, you also provide us with your credit card details.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
PayPal
During the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
SOFORT bank transfer
After placing the order you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedure that has been activated for participation in SOFORT Überweisung, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
Invoice: the payment term is [14] days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice terms for the countries where this payment method is available can be found here: Austria, Finland, Germany, Netherlands, Norway, Sweden, Switzerland, United Kingdom.
Installment purchase: with Klarna's financing service you can pay for your purchase in fixed or flexible monthly installments according to the terms specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on installment purchase, including terms and conditions and standard European consumer credit information for countries where this payment method is available, please click here (available only in the countries indicated): Austria, Denmark, Finland, Germany, Norway, Sweden, United Kingdom.
Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after you submit your order.
Direct Debit: Debit will be made after the goods have been shipped. The time will be communicated to you by e-mail.
Credit card (Visa/Mastercard): Available in Germany. The debit takes place after the shipment of the goods or tickets / availability of the service or in case of a subscription according to the communicated times.
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 credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.
6. Retention of title
The goods remain our property until full payment.
7. Transport damages
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory warranty for defects shall apply.
The foregoing limitations and shortening of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health,
in 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 is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 10:00 am to 5:00 pm by e-mail at https://clara-cosmetics.com/pages/contact-us.
9. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, 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/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.