Conditions
General terms and conditions of business
§1 Scope/ Basic provisionsThe following terms and conditions apply to all orders placed via our online shop.
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (NogiBeautyShop) via the website www.nogibeautyshop.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
The purchase contract is concluded with Nogibeautyshop.de, a company of NogiBeautyHouse.
(1) The subject of the contract is the sale of goods.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page.
Before submitting your order, you have the opportunity to check all the information again, change it (also via the "back" function of your Internet browser) or cancel the purchase.
By submitting the order via the "order with payment" button, you submit a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention , retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has been transferred, pledging or transferring them as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) If you are an entrepreneur, the following applies, deviating from paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects in writing within 7 days of receipt of the goods. To meet the deadline, it is sufficient to send the goods in good time. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
c) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract at your discretion. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us that are culpably caused by injury to life, body or health, and damages caused by gross negligence or intent or fraud, as well as to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
§ 5 Liability
(1 ) We are liable without limitation for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in our customer information (Part II) and general terms and conditions (Part I).
(3) If essential contractual obligations are affected, our liability for minor negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of minor contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.
(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§7. Retention of title
The goods remain our property until full payment.
§8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitation period for claims for defects in used goods is one year from delivery of the goods.
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty or malice,
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed or
- insofar as the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online shop.
§9. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.
§10. Code of Conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops quality criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
§11. Dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
II. Customer information
1. Identity of the seller
Nogi Beauty Shop
Nogaye Diop
Imrumper Moor 24
27751 Delmenhorst
Phone: +49 441 – 18004955
Email: info@nogibeautyshop.de
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description and the additional information on our website.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective item description, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective item description.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective item description.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
7. Statutory liability for defects
7.1. Liability for defects in our goods is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
8. Payment service providers
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The invoice terms for purchase on account for deliveries to Germany can be found here and for deliveries to Austria here .
- Installment purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here .
- Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the time by email.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we pass your data on to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. 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 for Germany can be found here and for Austria 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 in accordance with the information in Klarna's data protection policy for Germany / Austria .
last update: 16.04.2024