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General Terms and Conditions

General Terms and Conditions for Customers

Scope

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a corporation with legal capacity, which, when concluding a legal transaction in exercise of its commercial or
is a self-employed professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

Contracting party, conclusion of contract

The contract of sale is concluded with Sminx GbR.

With the placement of the products in the online shop we make a binding offer to conclude a contract for these articles. You can put our products into your shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process.
use. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the order button. Immediately after sending the order you will receive a further confirmation by e-mail.

Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

Terms of Delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.

We do not deliver to packing stations.

Paymemt

In our shop you can basically choose from the following
payment methods are available:

Credit Card
When you place your order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Right of Withdrawal

Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

Reservation of Title

The goods remain our property until full payment has been made and for entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

Damages of Shipment

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply among merchants. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Warranties and Guarantees

Unless expressly agreed otherwise below, the following is valid for
legal liability for defects.

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification) or by delivering a defect-free item (replacement).

The aforementioned restrictions and shortening of deadlines do 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 the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of breach of material contractual obligations, the fulfilment of which
proper execution of the contract is only made possible in the first place and the contractual partner may regularly rely on compliance with these (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• as far as the scope of application of the product liability law is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Liability

For claims based on damages caused by us, our legal representatives or vicarious 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 guarantee promises, if agreed, or
• as far as the scope of application of the product liability law is opened.

In the event of breach of material contractual obligations, the fulfilment of which
(cardinal obligations) through slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damages incurred in the event of
contract conclusion foreseeable damage, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

Settlement of Disputes

The European Commission provides an online dispute resolution (OnlineStreitbeilegung – OS) platform, which you can find here. We are prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution service. The competent body is the General Consumer Dispute Resolution Board of the Centre for
Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein,

www.verbraucher-schlichter.de

Final Provisions

If you are an entrepreneur, then German law applies under exclusion of the UN sales law.

General Terms and Conditions for Partners

Scope

For all orders via Sminx Luce/ Grobe GbR the following terms and conditions apply.

If the contractual partner uses conflicting or supplementary general terms and conditions, their validity is contradicted. They only become part of the contract if we have expressly agreed to them. A general reference is not sufficient for this.

The currently valid General Terms and Conditions of Business can be called up and printed out on the website.

Contracting Party, Conclusion of Contract

The sales contract is concluded with Sminx Luce/Grobe GbR.

Suggestions about the type of delivery, quantity and delivery times aren’t an offer to conclude a contract. By sending the order confirmation we do not make a binding offer for the conclusion of a contract for the contained articles. If a changed order confirmation is sent to us, this shall be an offer to conclude a contract of the other party.

The contract is concluded by the buyer sending the order (offer) and the express confirmation of the order by us (acceptance).

Contract Language, Contract Text Storage

The languages available for the conclusion of the contract are German and English.

Terms of Delivery

The delivery time, costs and type of delivery depend on the respective order .

We only deliver by dispatch. It is possible to collect the goods yourself by arrangement in individual cases. We do not deliver to packing stations. The debt is fulfilled when the goods are handed over to the respective transport person.

Payment

There is an obligation to make an advance payment of 50% of the agreed purchase price upon conclusion of the contract with an entrepreneur, if 200 or more pieces of the same item have been ordered or in the case of requests with personalized inscriptions (logo, advertising slogan etc.). Individual agreements remain unaffected. The advance payment is due 5 days after conclusion of the contract.

Otherwise, payment is due 14 days after receipt of the invoice. Payment is made to the bank account stated on the invoice. If the payment amount has not been received on the bank account of Sminx Luce/Grobe GbR by the end of the 14th day, the buyer is automatically in default.

Offsetting / Retention

You are only entitled to offsetting if your counterclaim has been legally established or is not disputed by us.

You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

Right of Revocation

Entrepreneurs are not granted a right of withdrawal.

Retention of Title

The goods remain our property until full payment has been received. We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

If the reserved goods are combined and mixed, 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.

Damage during Shipment

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

Warranty and Guarantee

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty.

Only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.

You are obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately after receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.

In the event of rectification of defects, we do not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.

If the buyer is an entrepreneur, recourse claims for damages, in particular for consequential damages, against the supplier are excluded in the case of resale and transfer of the goods. An equivalent compensation for this exclusion is made possible for the seller by means of an individual agreement with the supplier.

The above shortened deadlines 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 fraudulent intent

– in the event of breach of material contractual obligations, the fulfilment of which

proper execution of the contract is only made possible in the first place and the contractual partner may regularly rely on compliance with these (cardinal obligations)

– as far as the scope of application of the product liability law is opened.

Liability

We are liable for claims based on damages 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
– in the case of guarantee promises, if agreed, or
– as far as the scope of application of the product liability law is opened.

In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents. Otherwise, claims for damages are excluded.

Liability is excluded for damages that do not occur to the service itself.

The user shall be liable for damages resulting from culpable violation of essential contractual obligations; in the case of slight negligence, however, the amount shall be limited to the typical damages foreseeable at the beginning of the contract.

Settlement of Disputes

The European Commission provides an online dispute resolution (OS) platform, which you can find here. We are prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution service. The competent body is the General Consumer Dispute Resolution Board of the Centre for

Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de

Final Provisions

If you are an entrepreneur, then German law applies under exclusion of the UN sales law.

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