§ 1 Scope
(1) Beautyplanet operates the webshop at https://shop.beautyplanet.at.
(2) These General Terms and Conditions of Beautyplanet set out the applicable conditions for customers using the services of the webshop at shop.beautyplanet.at, unless and to the extent that they are amended by individual agreements.
(3) Contracts are concluded only with private individuals, i.e. consumers, also referred to as customers.
(4) During the ordering process, the customer accepts these General Terms and Conditions by clicking the field “I accept the General Terms and Conditions” and submitting the completed order form.
(5) Beautyplanet does not accept any customer terms that conflict with or differ from these terms, unless Beautyplanet has expressly agreed to their applicability in advance.
§ 2 Conclusion of the contract
(1) The presentation of goods on Beautyplanet's website does not constitute a binding offer by Beautyplanet. Only the customer's order for goods constitutes a binding offer.
(2) The contract between Beautyplanet and the customer for the goods selected by the customer and placed in the shopping cart is concluded when the customer completes the order form provided on the website and submits it by clicking “Submit order” (the customer's binding offer), and Beautyplanet accepts this offer by sending a declaration of acceptance to the email address provided by the customer in the order form and this declaration reaches the customer's corresponding email inbox; in any event, the contract is concluded no later than delivery of the ordered goods.
(3) The automatic order receipt confirmation sent to the customer after Beautyplanet receives the order does not constitute acceptance of the contractual offer. The automatic order receipt confirmation includes, among other things, information in text form about the consumer's right of withdrawal.
(4) The customer can identify any input errors during the final confirmation before checkout and correct them at any time before submitting the order using the edit function and the browser's back function. Beautyplanet does not store the contract text. The customer can access and view these contractual terms at any time via the “Our General Terms and Conditions” subcategory on the homepage. The customer can therefore print these terms using the browser's print function or save the corresponding webpage locally.
(5) Contracts are concluded exclusively between Beautyplanet and the customer.
§ 3 Prices/payment terms
(1) The prices shown at shop.beautyplanet.at at the time of the order apply. These prices are ex Beautyplanet and are stated in euros. They are gross prices, i.e. they include the applicable statutory VAT rate and exclude any shipping costs under paragraph 2.
(2) In addition to the stated prices, Beautyplanet charges shipping costs, details of which are provided on the relevant product page or in the “Delivery & shipping costs” subcategory accessible from the homepage. No shipping costs apply to collection in person.
(3) The purchase price is due immediately upon acceptance of the order and can be paid by the customer using the payment methods indicated on the product page.
(4) If the customer defaults on payment, Beautyplanet is entitled, in commercial transactions, to charge default interest at 9 percentage points above the applicable ECB base rate; for contracts with consumers, the rate is 5 percentage points. Either party may provide evidence of a different amount of loss.
§ 4 Scope of services
(1) The services or goods in the webshop are described in more detail on the relevant product page and in the order confirmation. Partial delivery is possible if reasonable for the customer. Technical variations and variations in shape, weight and colour are possible to the extent reasonable for the customer.
(2) Some Beautyplanet healthcare products are subject to refrigeration requirements. These products are labelled accordingly. If these requirements are not observed, the products can no longer be relied upon or used.
§ 5 Delivery date
Delivery dates and delivery periods are subject to correct, defect-free, complete and timely supply to us and safe arrival. This applies only where Beautyplanet has concluded a corresponding covering transaction and is not responsible for the failure of supply. Events of any kind beyond our control that delay or otherwise impede supply or delivery of goods (for example, official import and export restrictions, mobilisation, war, blockade, strike, lockout, complete or partial suspension of production or restriction of supply by the manufacturer, etc.) release us from our performance obligations for the duration of their effects. If delivery becomes permanently impossible due to such events, the seller is entitled to withdraw from the contract to the extent that it remains unfulfilled. Claims for damages by the customer are excluded.
§ 6 Right of withdrawal
Customers who are consumers, i.e. who are not acting in the course of their self-employed or commercial activities, have the following right of withdrawal:
§ 7 Return costs in the event of withdrawal
In the event of withdrawal under § 6 above, the customer must bear the return costs if the goods delivered correspond to those ordered. You bear the direct costs of returning the goods!
§ 8 Retention of title
(1) The goods remain the property of Beautyplanet until the customer has paid in full. In commercial transactions, ownership of the purchased goods passes only upon receipt of all payments arising from the ongoing business relationship with the customer.
(2) Before ownership is transferred, pledging, transfer by way of security, processing or modification is not permitted without Beautyplanet's express consent.
(3) If a business customer is wholly or partly in default of payment, suspends payments, or there are otherwise justified doubts about their solvency or creditworthiness, they are no longer entitled to dispose of the goods. In such a case, Beautyplanet may revoke the customer's authority to collect payments from the recipients of the goods. Beautyplanet is then entitled to request information about the recipients, notify them of the transfer of claims to Beautyplanet, and collect the customer's claims against them.
§ 9 Set-off and retention
(1) The customer may only set off claims that are undisputed, established by a final judgment, or disputed but ready for a decision.
(2) The customer has a right of retention only insofar as it arises from the same contractual relationship.
§ 10 Liability for material defects and defects of title
(1) If the customer is a consumer, in the event of a material defect or defect of title they are entitled under the statutory provisions to request supplementary performance and, if this fails, to withdraw from the contract, reduce the purchase price or, where the doctor or Beautyplanet is at fault, claim damages.
(2) If the customer is a business, the following restrictions apply: in the event of a material defect or defect of title, Beautyplanet may, at its discretion, repair or replace the goods. Claims by businesses for material defects and defects of title become time-barred after 12 months.
§ 11 Liability
(1) For damage other than that arising from injury to life, body or health, Beautyplanet is liable only insofar as the damage results from intentional or grossly negligent conduct or a culpable breach of a material contractual obligation (a so-called cardinal obligation, i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the contractual partner regularly relies and may rely) by Beautyplanet or its agents. The provisions of the Product Liability Act remain unaffected. Liability also remains unlimited for fraudulent concealment of a defect, expressly guaranteed characteristics and personal injury.
(2) If Beautyplanet breaches a material contractual obligation through slight negligence, liability for compensation is limited to typically foreseeable damage.
(3) If Beautyplanet breaches a material contractual obligation through slight negligence in dealings with business customers, liability for compensation is limited to typically foreseeable damage, but in all cases to €50,000 per incident and a total of €100,000 per year. The overall liability cap for all damage arising in connection with services provided to the customer is €250,000. Such claims become time-barred after one year.
(4) Beautyplanet is not liable for loss of data if the damage would not have occurred had the customer properly backed up the data within their area of responsibility. Data backups are considered proper if the customer demonstrably backs up their data at least weekly in machine-readable form, thereby ensuring that the data can be restored with reasonable effort. Beautyplanet's liability for loss of data is limited to the typical restoration effort that would have been required if proper backups had been made.
(5) Where and to the extent that Beautyplanet's liability is excluded, this also applies to the personal liability of Beautyplanet's employees, workers, staff, representatives and agents.
AFFILIATE INFORMATION
“Please note that CHANNOINE and NOBUSAN products are offered solely through affiliate sales rather than an online shop. You cannot conclude purchase contracts for the displayed CHANNOINE and NOBUSAN products through this website, but you are welcome to receive personal advice and information about them. The listed products redirect you to our partner, – CBS CHANNOINE Business Systems GmbH – or their online shop. You can conclude purchase contracts only in the relevant online shop with the respective seller.”
AUSTRIA:
CBS CHANNOINE Business Systems GmbH
Michael-Walz-Gasse 15
5017 Salzburg
AUSTRIA
GERMANY:
CBS CHANNOINE Business Systems GmbH
c/o K45090 LogoiX
Wasserburger Strasse 50a
83395 Freilassing
GERMANY
SWITZERLAND:
CBS CHANNOINE Business Systems Aktiengesellschaft
PO Box 1
9490 Vaduz
LIECHTENSTEIN