Terms & Conditions

BH Cosmetics GmbH

General terms and conditions of BH Cosmetics GmbH

§ 1 Scope and provider

(1) These general terms and conditions (GTC) apply to everyone between BH Cosmetics GmbH, represented by its managing director Oleksiy Vynokur, Kreuzstrasse 20, 42277 Wuppertal, phone: +49 (0) 202 31 77 700, email: support @ bhcosmetics .de (hereinafter: seller) and the buyer via the seller's online shop at https://www.bhcosmetics.de. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

(2) Buyers within the meaning of these terms and conditions are both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). According to Section 13 of the German Civil Code, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

(3) The goods are delivered worldwide. The only exception is Turkey. A delivery to Turkey expressly does not take place.

§ 2 Conclusion of contract in the online shop at www.bhcosmetics.de

(1) The item descriptions in the shop are not legally binding offers. Rather, it is a request to buyers to submit a binding offer by placing an order.

(2) Submission of offers in the online shop

By clicking the "SHOPPING CART" button, an item selected by the buyer in the online shop will be placed in the virtual shopping cart of the online shop as a reservation for a possible contract. If the buyer has placed all selected items in the shopping cart, he can click the "CHECKOUT" button "Continue in the ordering process. The buyer then arrives at the point" Information ". Here, the buyer must enter his customer data. If the buyer already has a customer account with the seller, the buyer can use his email address and his password as an existing customer log in by clicking on the "log in" button after entering your customer details will be displayed directly. If the buyer is a new customer or not a registered customer, he must provide his data and a delivery address at this point in the ordering process he also orders the seller’s newsletter at this point e Called up or specified customer data, he can continue in the ordering process by clicking the button "CONTINUE TO SHIPPING". The buyer then arrives at the "Shipping" point. There, the buyer must click on the corresponding button to select a shipping method approved for the specific business transaction. Afterwards, the buyer can continue in the order process by clicking the button “CONTINUE TO PAYMENT”. The buyer then arrives at the "Payment" point. There, the buyer must select a payment method approved for the specific business transaction and provide an invoice address. Furthermore, by ticking the box, he can confirm that he has read, understood and accepts the terms and conditions. Furthermore, the buyer can open a customer account by ticking the box and have their data saved for future purchases. The buyer can complete the order by clicking the "BUY" button. Until the buyer clicks the "BUY" button, he can go back to these points in the ordering process at any time by clicking on the individual order steps and correct any input errors. The buyer can also return to the individual order steps using the "Back to ..." buttons. After clicking the "BUY" button, it is no longer possible to correct the entries. His binding offer to conclude a contract will then be sent to the seller. The order number will be communicated to the buyer. The seller will notify the buyer of the receipt of the order immediately by email. However, confirmation of receipt of the order does not constitute acceptance of the purchase offer.

(3) The seller is authorized to accept an order received from the buyer within two days of receipt. The sales contract between the seller and the buyer is only concluded when the seller accepts the offer.

(4) The seller saves the contract text after conclusion of the contract and sends the buyer the order data, these terms and conditions and the instruction on the right of withdrawal by email. The buyer can also view the terms and conditions at any time on the seller's website. The buyer can view past orders in the customer's login area of the seller, provided he has registered with the seller and set up a customer account.

§ 3 prices

(1) The prices stated on the article pages of the online shop are displayed with the statutory value added tax and contain other price components. However, the prices apply plus delivery and shipping costs, unless they are free of shipping costs.

§4 shipping costs

(1) The shipping costs and the type of delivery of the items are displayed to the buyer during the ordering process in the online shop. Under the menu item "Shipping and delivery" shipping costs can be viewed and viewed from every page of the online shop.

(2) It is possible to collect the items from the seller's place of business. Delivery costs do not apply to collection.

§ 5 delivery conditions and self-delivery reservation

(1) The articles are delivered with standard parcel services.

(2) Unless otherwise stated in the online shop, the items are delivered within five days. The seller points out different delivery times or unavailability on the respective article page in the online shop.

(3) The period for delivery begins with invoice purchase (invoice with Klarna), credit card, Sofortüberweisung, amazon pay and PayPal on the day after the contract is concluded (acceptance of the offer by the seller) and ends on the following fifth day, unless for the item different delivery time is specified. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day (Mon-Fri) takes the place of such a day.

(4) If the article is not available because the seller is not supplied with this article by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the buyer immediately and, if necessary, suggest the delivery of a comparable item. If no comparable item is available or the buyer does not want a comparable item to be delivered, the seller will immediately reimburse the buyer for any services already rendered.

(5) The delivery takes place on the shipping route to the delivery address specified by the buyer, provided that this is within the specified delivery area.

Only for entrepreneurs:

(6) Compliance with the delivery obligation of the seller also requires the timely and proper fulfillment of the obligation of the buyer. The exception of the unfulfilled contract remains reserved.

(7) If the buyer defaults on acceptance or culpably violates other duties to cooperate, the seller is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims or rights are reserved.

(8) If the requirements of paragraph (7) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the point in time when the buyer is in default of acceptance or debtor.

(9) The seller is liable according to the statutory provisions insofar as the underlying purchase contract is a fixed transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. The seller is also liable according to the statutory provisions, provided that as a result of a delay in delivery for which he is responsible, the buyer is entitled to assert that his interest in the further performance of the contract has ceased.

(10) The seller is also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which he is responsible; a fault of the seller's representatives or vicarious agents is to be attributed to the seller. If the delay in delivery is due to a grossly negligent breach of contract for which the seller is responsible, the seller's liability for damages is limited to the foreseeable, typically occurring damage.

(11) The seller is also liable according to the statutory provisions insofar as the delay in delivery for which he is responsible is based on the culpable breach of an essential contractual obligation; in this case the liability for damages is limited to the foreseeable, typically occurring damage.

§ 6 terms of payment

Invoice: The payment period is [14] days from the dispatch of the goods / ticket / or, for other services, the provision of the service. The full billing terms for the countries where this payment method is available can be found here: USA, Canada, Australia Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden

The following applies to consumers:

(1) The goods remain the property of the seller until full payment. Before transfer of ownership, pledging, transfer by way of security, processing or remodeling is not permitted without the consent of the seller.

For entrepreneurs:

(2) The seller retains ownership of the purchased item until all payments from the delivery contract have been received. If the buyer behaves contrary to the contract, in particular in the event of late payment, the seller is entitled to take back the purchased item. If the seller takes back the goods, the contract is withdrawn. After the goods have been taken back, the seller is authorized to sell them, the proceeds from the sale are to be offset against the buyer's liabilities - less reasonable costs of sale.

(3) The buyer is obliged to treat the purchased item with care; in particular, he is obliged to adequately insure them against fire, water and theft damage at their replacement value at his own expense. If maintenance and inspection work is required, the buyer must carry this out in good time at his own expense.

(4) In the event of attachments or other interventions by third parties, the buyer must immediately notify the seller in writing so that the seller can bring an action in accordance with section 771 of the ZPO. If the third party is unable to reimburse the seller for the judicial and extrajudicial costs of a lawsuit pursuant to Section 771 of the Code of Civil Procedure, the buyer is liable for the loss incurred by the seller.

(5) The buyer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to the seller all claims in the amount of the final invoice amount (including VAT) of the seller's claim that arise from the resale against his customers or third parties, regardless of whether the purchased item is without or after processing has been resold. The buyer remains authorized to collect this claim even after the assignment. The seller's authority to collect the claim itself remains unaffected. However, the seller undertakes not to collect the receivables as long as the buyer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, there is no application to open a settlement or insolvency proceeding or payment is suspended. However, if this is the case, the seller can request that the buyer inform him of the assigned claims and their debtors, provide all the information necessary for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.

(6) Until the buyer has paid for the goods in full, the buyer always processes or transforms the goods for the seller. If the purchased item is processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the thing resulting from processing, the same applies as for the purchased item delivered with reservation.

(7) If the purchased item is inseparably mixed with other items that do not belong to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) until the buyer has paid for the purchased item in full the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's thing is to be regarded as the main thing, it is agreed that the buyer transfers proportional co-ownership to the seller. The buyer keeps the resulting sole ownership or joint ownership for the seller.

(8) The buyer also assigns to the seller the claims to secure his claims against him, which arise from the connection of the purchased item to a property against a third party.

(9) The seller undertakes to release the securities to which he is entitled at the buyer's request insofar as the realizable value of the securities of the seller exceeds the claims to be secured by more than 10%; The choice of securities to be released is incumbent upon the seller.

§ 8 Right of withdrawal for the consumer

As a consumer, you have a right of withdrawal.
Right of withdrawal

Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must contact us