§ 1 TERMS AND CONDITIONS
These General Terms and Conditions (GTC ) govern the relationship between MetricsCosmetics GmbH (hereinafter Ave+Edam) and all visitors to the online shop Ave+Edam (hereinafter Customer ). Ave+Edam is registered as MetricsCosmetics GmbH with headquarters at Fasanenstrasse 47 in 10719 Berlin, Germany, in the Commercial Register of the Charlottenburg Local Court under HRB 197652 B. The sales tax identification number is DE319714299.
These GTC and the other regulations expressly mentioned therein shall apply exclusively to the business relationship with Ave+Edam.
b) The sale of cosmetics (hereinafter cosmetics) by Ave+Edam via the Website.
The current version of the GTC can be downloaded and printed from www.aveandedam.com/gtc.
Ave+Edam is entitled to change these GTC at any time.
Ave+Edam assumes that these terms and conditions are read before using the website or ordering cosmetics and that the customer agrees with them.
Please note that by using the website, especially by ordering one of our cosmetics, you agree to these terms and conditions. In the event that you do not agree to our terms and conditions, the use of our website is prohibited. The ordering of cosmetics is also prohibited.
§ 2 DATA PROTECTION
The protection of your data is very important to us at Ave+Edam. When using our website and personalising your product, it is necessary to store and process personal data. The collection, storage and processing is agreed with use. In the context of our data protection explanation under www.aveandedam.com/dataprotect you can read all details to the data protection.
§ 3 CUSTOMERS
Ave+Edam operates an online shop for the sale of personalised cosmetics. By using the Website/Onlineshop, the Customer agrees to the GTC (hereinafter Customer Application). The Customer must be fully legally competent. A registration (login) can only be made online if this condition is fulfillfed. Ave+Edam is not obliged to accept or supply new customers.
Being a customer at Ave+Edam is free of charge. The customer is not obliged to order cosmetics. The customer undertakes to use the Website/Onlineshop in accordance with these GTC.
§ 4 AVAILABILITY AND PRICES
We are not obliged to keep the offer permanently available. We do not assume any procurement risk, not even in the case of a purchase contract for generic goods.
The appearance of the goods may vary in colour and design with regard to the illustrations in the online shop.
The prices listed in the online shop at the time of the order apply. The prices quoted are final prices, i.e. they include the respectively German statutory value added tax and other price components. If, contrary to all efforts, price quotations are incorrect in individual cases, we will inform you immediately of the incorrect display and offer you the opportunity to decide whether you wish to retain the order at the corrected price or withdraw your offer. If you do not decide within seven working days, we will cancel the order and inform you by e-mail.
If the goods are not available or longer delivery delays are foreseeable, any advance payments will be refunded. In this case you will be informed about the delivery difficulties by e-mail.
§ 5 CONCLUSION OF CONTRACT
The presentation of cosmetics in the online shop does not constitute a binding sales offer by Ave+Edam. It is merely an invitation to the customer to submit a binding offer.
By completing the order process and after the customer has placed the personalised goods in the virtual shopping basket, they submit a binding offer to conclude a purchase contract by clicking the order button.
In general, the customer will receive an order confirmation from Ave+Edam by e-mail immediately after placing an order.
The acceptance of the offer is limited in time. The time limit is four days. The period begins on the day the order button is clicked. The period ends at the end of the fourth day following the dispatch of the order. If Ave+Edam does not accept this offer within this period, this shall be regarded as a rejection of the offer. The customer shall no longer be bound by his declaration of intent.
Ave+Edam is not obliged to accept purchase offers from the customer and may refuse acceptance at any time without stating reasons. In this case, Ave+Edam shall inform the customer immediately by e-mail of the non-acceptance of the offer. Payments already made by the customer will be refunded fully.
Cosmetics are sold only in normal household quantities.
§ 6 PAYMENT
The purchase price can be paid by credit card, PayPal or by charging vouchers. Ave+Edam reserves the right to exclude individual payment methods and to refer to the remaining payment methods.
Ave+Edam accepts the following credit cards: VISA, MasterCard and American Express. Processing is carried out by an external payment service provider. The customer shall be liable for any additional costs incurred as a result of his fault in using the chosen means of payment, e.g. return direct debits. In the case of payment by credit card or PayPal, the purchase price will be debited by Ave+Edam upon receipt of the order.
The voucher conditions according to § 7 are valid for the payment with vouchers.
§ 7 VOUCHER
The following provisions apply to the use of Ave+Edam vouchers.
Vouchers can be used when purchasing products on the website. The voucher value is automatically deducted from your invoice amount.
If your order exceeds the value of the voucher, you can pay the difference with another permissible payment method.
You can redeem a maximum of one voucher per order. A combination of several vouchers is not possible.
Each voucher can only be used once.
A cash payment or a retroactive crediting on already transacted orders of coupons is not possible.
Ave+Edam accepts no liability for the loss, theft, destruction or delayed transmission (e.g. due to technical difficulties) of vouchers.
if the voucher exceeds the invoice amount, then possible remaining credit balances remain preserved Your remaining credit balance is naturally available to you with your next order and will be credited to your account. The residual value will not be disbursed in cash.
If you wish to exercise your right of return, the reduced purchase price will be refunded.
Ave+Edam reserves the right to exclude certain products from voucher redemption.
Vouchers can only be redeemed for a limited period. They lose their validity on the date stated on the voucher. An extension of the period is not possible.
Vouchers are not transferable to other persons.
§ 8 SHIPPING COSTS AND DELIVERY
The prices shown by Ave+Edam include the statutory value added tax.
Ave+Edam sends the ordered goods free of shipping costs and for the time being only within Germany.
Ave+Edam will normally ship the goods through DHL.
The ordered goods will be delivered to the delivery address indicated by the customer at the time of the order, unless otherwise agreed in the contract. The delivery process takes place during normal business hours and is completed as soon as the goods are delivered to the address indicated. The usual business hours of Ave+Edam are Monday to Friday from 09:00 to 16:00. Excluded from these hours are the public holidays in Berlin and the Federal Republic of Germany. Business hours are subject to change without notice.
If Ave+Edam is unable to meet a binding delivery deadline for reasons for which Ave+Edam is not responsible (e.g. force majeure), Ave+Edam shall notify the customer thereof without undue delay, stating a new delivery deadline. Force majeure shall include in particular strikes, lockouts or other industrial events, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters or breakdowns of private or public telecommunications networks, rail transport, sea freight, air freight, freight forwarders or other public or private transports and all other impediments which Ave+Edam could not foresee and is not responsible for. If this delivery period is unacceptable to the customer, the latter shall be entitled to withdraw from the contract. Any consideration paid will be refunded immediately by Ave+Edam. The statutory rights of the contracting parties shall remain unaffected. Ave+Edam*s liability for delayed delivery shall be limited in accordance with § 13 No. 5.
§ 9 RETENTION OF TITLE
The cosmetics remain the property of Ave+Edam until the purchase price has been paid in full.
§ 10 EXCLUSION OF REVOCATION
We point out that the right of revocation does not exist according to § 312g Abs.2 Nr. 1, Nr. 3 BGB.
§ 11 WARRANTY
The statutory warranty rights shall apply. Ave+Edam*s liability for damages shall be limited in accordance with § 13.
Ave+Edam does not warrant that the website will be uninterrupted, secure or error-free at all times.
§ 12 PRODUCT PICTURS ON THE WEBSITE
Although we try to present the products on the website without errors, there can always be deviations in the colours and design, so that we cannot guarantee that we present them without errors. The products supplied may therefore differ slightly from the images used. Since we use natural products and the quality and colour of these products are subject to natural fluctuations, there may also be differences from product to product.
The packaging of the cosmetics may also differ in colour and design from the images on the website.
§ 13 Liability
Ave+Edam shall be liable without limitation for damages caused by Ave+Edam, its legal representatives or vicarious agents resulting in injury to life, limb or health (personal injury) as well as for all damages caused intentionally or through gross negligence.
Ave+Edam shall be unrestrictedly liable in the event of fraudulent concealment of defects and in the event of assumption of a quality guarantee.
Ave+Edam shall only be liable for other damages if a material contractual obligation or a material pre-contractual obligation is breached. Essential contractual obligations are those obligations which protect the Customer's essential contractual obligations which the Customer is required by the contract to fulfil in accordance with its content and purpose; further essential obligations are those obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the Customer has relied on or may rely on regularly, e.g. Ave+Edam shall hand over the goods to the Customer free of material defects and defects of title and shall procure ownership of them. In such cases, however, liability shall be limited to the amount of damages foreseeable and typical for the contract at the time of conclusion of the contract.
A legally prescribed strict liability as well as the provisions of the Product Liability Act remain unaffected by the above limitation of liability.
Ave+Edam shall not be liable for delays or breaches of contract if the delay or breach is caused by force majeure and Ave+Edam is not responsible. Events beyond the control of Ave+Edam include in particular strikes, lockouts or other industrial events, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster or failure of private or public telecommunications networks, rail transport, sea freight, air freight, freight forwarding or other public or private transport.
Technical defects or other defects in connection with the use of the Internet may occur periodically. The website can therefore only be made available as it is and subject to availability. Provision or availability is not guaranteed. Nor can we guarantee that the information contained on our Ave+Edam website is free of errors, up-to-date, correct and complete.
§ 14 APPLICABLE LAW
In the event of legal disputes, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the EU, the law of the end consumer*s place of residence shall also apply, provided that it is mandatory to deal with consumer law provisions.
§ 15 COURT OF JUSTICE
Berlin shall be agreed as the exclusive place of jurisdiction for all legal disputes, including tortious claims.
§ 16 SEVERABILITY CLAUSE
Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected. The ineffective provisions shall be replaced by the statutory provisions.