AGB
General terms and conditions
1. Conclusion of contract
a) All offers of the company Soleni Beauty & Medical Group GmbH (hereinafter: Seller) are based on the following General Terms and Conditions. Deviating terms and conditions of the Buyer shall not become part of the contract unless they are expressly accepted in writing by the Seller.
b) Contracts may only be concluded in German.
c) The product-describing information contained in brochures and similar documents or published on the Internet in the online store, such as illustrations, drawings, descriptions, dimensional, weight, performance and consumption data, as well as information relating to the usability of the products are subject to change and are not a binding offer by the Seller, unless they are expressly designated as binding.
d) In our online store, the Buyer can place the product in the virtual shopping cart by clicking on the button "add to cart" or "order now", without this already constituting a binding offer to purchase the product. the virtual shopping cart can be viewed at any time by clicking on the button "shopping cart" or "show items". By clicking the button marked with an "X" a product can be removed from the shopping cart. Next, the buyer is asked to provide a billing and shipping address as part of the registration as a customer, if he is not already registered. This information can also be corrected at any time. A customer who is already registered logs in to his customer account to complete the order.
By clicking the button "order subject to payment", the buyer makes a binding offer to purchase the goods contained in the shopping cart. Before doing so, he has the opportunity to check the details of the order again and correct them if necessary. The confirmation of receipt of the order will be sent immediately after sending by automated email, if the buyer is a consumer. However, this confirmation email is not yet a contract acceptance by us. In the case of non-consumers, the contract shall be concluded either by separate confirmation of acceptance within five days of the order or by delivery of the goods.
e) We reserve the right to make insignificant model changes as well as commercially customary and reasonable color and grain deviations in the case of wooden surfaces and fabrics and these do not constitute deviations from the usual quality; this applies in particular in the case of changes and improvements that serve technical progress. Deviations from such product-describing specifications are only permissible if they are reasonable for the Buyer, taking into account the interests of the Seller.
f) The declaration of intent made by the Buyer shall be binding. The Seller shall be entitled to accept the contractual offer contained therein within four weeks by sending an order confirmation, also by e-mail. Deliveries and invoices shall be deemed equivalent to the written confirmation. In the case of orders from consumers, the seller will confirm the order immediately by e-mail.
2. Delivery and shipment
a) The delivery of the ordered goods shall be at the expense and risk of the Purchaser. Notwithstanding the foregoing, the Seller shall bear the risk of shipment if the Buyer is a consumer.
b) The dispatch takes place after choice of the salesman by post office or forwarding business. We deliver worldwide, whereby shipping abroad from Germany is only possible after prior express agreement. If special packaging (e.g. sea packaging) is required for shipment, the additional costs incurred for this may be invoiced additionally. The respective delivery times can be taken from the product page for the individual product.
c) The goods are delivered disassembled and must be assembled by the purchaser unless expressly agreed otherwise.
d) Since the shipping company delivers the goods with only one person, the buyer must provide additional persons for unloading and carrying when ordering bulky and heavy products such as a cosmetic couch. If there is no possibility, a second driver or carrier can be ordered via the forwarding agency. The additional price for this can be inquired by telephone.
e) The seller is entitled, to a reasonable extent, to make partial deliveries and to invoice them immediately, provided that the buyer is not a consumer.
f) If the Buyer is in default of acceptance or if he violates other duties to cooperate, the Seller shall be entitled to claim from the Buyer the damages incurred by him including any additional expenses such as transport or storage costs including the loss of profit. In this case, the risk of accidental loss or accidental deterioration of the object of sale shall also pass to the Buyer from the point in time at which the Buyer is in default of acceptance.
3. Right of withdrawal
a) Persons who conclude the contract for a purpose that cannot be attributed to their commercial or independent professional activity (consumers) have the following right of revocation:
Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must send us
Soleni Beauty & Medical Group GmbH
Lauschützer Weg 21
03172 Schenkendöbern
Phone: 035693 - 60 60 0
E-mail: service@soleni-group.uk
by means of a clear declaration (eg a letter sent by mail, fax, e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 97.46 EUR.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
b) The right of withdrawal does not apply to goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. Furthermore, the right of withdrawal does not apply to the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
4. Prices and terms of payment
a) The agreed prices are fixed prices ex warehouse plus the applicable statutory value added tax (currently 19%) and shipping costs. Additional services such as installation and assembly, training, etc. will be charged separately.
b) Invoices are to be paid without deduction no later than 10 days after receipt of the invoice.
The buyer shall be in default at the latest if he does not make payment within 30 days after the due date and receipt of an invoice or equivalent payment schedule; this shall only apply to a buyer who is a consumer if these consequences have been specifically pointed out in the invoice or payment schedule. If the time of receipt of the invoice or payment schedule is uncertain, the debtor who is not a consumer shall be in default no later than 30 days after the due date and receipt of the consideration.
c) If the Buyer is in default of payment, the Seller shall charge the respective statutory default interest.
In the event of default by the debtor, if the debtor is not a consumer, the Seller may also claim payment of a lump sum in the amount of 40 euros. This shall also apply if the payment claim is a payment on account or other installment payment. The lump sum pursuant to sentence 1 shall be credited against any damages owed to the extent that the damages are based on costs of legal action.
d) The Buyer shall only be entitled to a right of retention insofar as it is based on the same contractual relationship. The Buyer may only set off counterclaims if they are undisputed or have been finally determined by a court of law.
5. Refusal of acceptance
a) If the Buyer refuses to accept the goods or expressly declares that he will not accept them, the Seller may withdraw from the contract and claim damages.
b) The Seller may claim at least 20% of the gross invoice amount of the non-accepted goods as damages, unless the Buyer proves that no damage or not the claimed amount of damage has been incurred. The Seller reserves the right to assert claims for damages in excess of this amount - e.g. in the case of a custom-made product.
6. Retention of title
a) All deliveries of the Seller shall be made under the extended / expanded reservation of title. Prior to the transfer of ownership, the Buyer is prohibited from consuming, using, reselling, pledging or assigning the purchased item to third parties as security. Should this nevertheless be the case, the Seller shall be entitled to demand a reasonable rent for the object of sale for the period during which payment has not been made in full. If the Buyer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), ownership of the object of sale shall not pass to the Buyer until all payments from the ongoing business relationship with the Buyer have been received. If the Buyer is an entrepreneur, the following paragraphs shall apply in addition:
b) Resale to a reseller shall only be permitted with the express consent of the Seller in the ordinary course of business. In the event of resale of the reserved goods to a third party, the Seller shall automatically become the owner of the purchase price claim against the purchaser (extended reservation of title).
c) If the Buyer defaults on his payment in whole or in part, if he suspends his payments or if other justified doubts arise as to his solvency or creditworthiness, he shall no longer be entitled to dispose of the goods. In such a case, the Seller may withdraw from the contract and/or revoke the Buyer's right to collect from the consignee of the goods. In this case, the Seller shall be entitled to demand information about the consignee, to notify the consignee of the transfer of the claims to the Seller and to collect the claims of the Buyer against the consignee.
d) If the value of all security interests to which the Seller is entitled under these provisions exceeds the amount of all secured claims by more than 20%, the Seller shall release a corresponding part of the security interests at the Buyer's request.
e) For the duration of the retention of title, the goods subject to retention of title shall be adequately insured by the Buyer. The rights arising from the insurance are hereby assigned to the Seller.
f) The Buyer shall inform the Seller immediately if the goods subject to retention of title or the claim to which the Seller is entitled on the basis of the extended retention of title are seized or if the goods are lost. Furthermore, the Buyer shall provide the Seller with all information and documents that serve to assert and secure the rights of ownership and assigned claims.
7. Liability, Warranty
a) Unless otherwise stipulated below, the Buyer shall be entitled to the statutory warranty rights in the event of a defect. Guarantees are not assumed by the Seller unless on the basis of an express written special agreement.
b) The Seller shall not be liable for improper use or - if the goods are delivered disassembled - incorrect assembly by the Buyer. The information in the instructions for assembly and use must be observed. The goods are not medical devices. The Seller shall therefore not be liable if and to the extent that the Buyer uses the goods in connection with the provision of medical services.
c) The liability of the seller is excluded. This shall not apply in the case of intent and gross negligence and assumed guarantees, injury to life, limb and health and the breach of essential contractual obligations that make the performance of the contract possible in the first place and on the fulfillment of which the customer may therefore rely (cardinal obligations) as well as liability under the Product Liability Act.
d) If the Buyer is an entrepreneur, the provisions of the following paragraphs shall also apply:
The Seller shall have the right to choose the type of subsequent performance.
Warranty claims of the buyer are excluded if he does not after immediate examination after delivery in writing. The Buyer is obliged to allow the Seller to inspect the defective delivery item at the Buyer's or the Seller's premises, at the Seller's discretion. A notice of defects shall not affect the due date of the purchase price claim, unless its justification has been acknowledged by the Seller in writing or has been legally established.
8. Final Provisions
a) For contracts involving non-consumers , the place of performance for delivery and payment as well as the exclusive place of jurisdiction shall be Cottbus/Brandenburg, Germany.
b) 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 (CISG). If the customer is a consumer and has his habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
c) The text of the contract will be stored by us after conclusion of the contract and can be accessed in the customer account.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the resolution of their disputes.
Schenkendöbern, 03.12.2015
