Terms and Conditions

Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Shipping and Delivery Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Campaign Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These Terms and Conditions (hereinafter "T&C") of AlivuCosmetics GesbR (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These T&C shall apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur within the meaning of these T&C is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day after the offer is sent by the Customer and shall end upon the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal account. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after their order has been sent. The text of the contract shall not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with the order processing can be delivered.

2.9 If the submission of the offer is not carried out by the end customer themselves, but via an independent sales partner of the Seller authorized by the end customer for this purpose (in particular within the scope of collective orders), the Customer declares that they have authorized the sales partner to accept these T&C as well as the Seller's cancellation policy on their behalf. The conclusion of the contract between the Seller and the end customer shall also take place in this case in accordance with the provisions of Section 2.3.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. The lifting or removal of the seal applies, in particular, to the breaking of freshness seals, the removal of protective films or tear-off tabs, the opening of tubes, jars, or bottles, as well as the initial activation of pump dispensers, spray heads, or applicators.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may make use of further payment services, for which special payment conditions may apply, of which the Customer may be notified separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.5 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit assessment and to reject this payment method if the credit assessment is negative.

5) Shipping and Delivery Conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipping if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller's cancellation policy shall apply if the right of withdrawal is effectively exercised by the Customer.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

• via email

6) Retention of Title

If the Seller provides advance performance, they reserve title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.

7.2 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

7.3 The statutory liability for defects is two years. However, any liability for defects on the part of the Seller is excluded for damage or qualitative spoilage resulting from improper, unsuitable, or unintended use by the Customer, faulty or negligent treatment (in particular, non-compliance with specific storage instructions such as protection against extreme heat, frost, or direct sunlight), or natural spoilage after expiry of the specified best-before date or the symbol indicating the period after opening (PAO - Period after Opening).

8) Redemption of Campaign Vouchers

8.1 Vouchers issued by the Seller free of charge within the scope of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Campaign Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Campaign Voucher.

8.3 Campaign Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4 Multiple Campaign Vouchers can also be redeemed for one order.

8.5 The value of the goods must at least equal the amount of the Campaign Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Campaign Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The balance of a Campaign Voucher is neither paid out in cash nor subject to interest.

8.8 The Campaign Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Campaign Voucher within the scope of their statutory right of withdrawal.

8.9 The Campaign Voucher is only intended for use by the person named on it. A transfer of the Campaign Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Multiple Gift Vouchers can also be redeemed for one order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a Gift Voucher is neither paid out in cash nor subject to interest.

9.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.

10) Applicable Law

The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of entry for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.