General terms and conditions of business
General terms and conditions of business
§1 Scope/ Basic provisions
The following terms and conditions apply to all orders placed through our online shop.
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (NogiBeautyShop) via the website www.nogibeautyshop.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions you may use.
(2) A consumer within the meaning of these provisions is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or 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 offer to purchase (order) via the online shopping cart system by placing the goods you wish to purchase in the "shopping cart". You can access the "shopping cart" at any time and make changes there using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed on the order overview page. Before submitting the order, you have the opportunity to review all information, change it, or cancel the purchase. By submitting your order using the "order with payment" button, you are submitting a binding offer to us. You will first receive an automatic email confirming receipt of your order; this does not yet lead to the conclusion of a contract.
(3) Acceptance of your offer (and thus the conclusion of the contract) will occur within 2 days by means of a confirmation in text form (e.g., email), confirming the execution of your order or the delivery of the goods (order confirmation). If you do not receive a corresponding notification, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of orders and the transmission of all information necessary for the conclusion of the contract are partially automated via email. You should therefore ensure that the email address you have provided us with is correct and that the receipt of emails is technically guaranteed, in particular that spam filters do not prevent this.
§3 Right of retention, retention of title
(1) You may only exercise a right of retention as long as the claims arise 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 additional provisions apply:
a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring ownership as security is prohibited.
b) You are entitled to resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount; we accept this assignment. You remain authorized to collect the claim. However, should you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of processing or mixing the reserved goods, we shall acquire co-ownership of the new item in the ratio of 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 realizable value of our securities exceeds the secured claim by more than 10%. We retain the right to select the securities to be released.
§4 Warranty
(1) The statutory liability for defects applies.
(2) If you are an entrepreneur, the following provisions shall apply, notwithstanding paragraph 1:
a) The quality of the goods shall be deemed to be determined exclusively by our own information and the manufacturer's product description, but not by any other advertising, public praise or statements made by the manufacturer.
b) You are obligated to inspect the goods promptly and carefully for deviations in quality and quantity and to notify us of any obvious defects in writing within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later, starting from their discovery. Failure to inspect and notify us of defects will void the assertion of warranty claims.
c) In the event of defects, we will, at our discretion, repair or replace the goods. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless special circumstances dictate otherwise. In the event of repair, we are not obligated to cover the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. This shortened period does not apply to damages caused by our negligence, in particular in cases of injury to life, body, or health, as well as grossly negligent breaches of duty and fraudulent conduct.
§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 cases of intent and gross negligence, fraudulent concealment of a defect, 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