§ 1 Scope of application
(1) Beautyplanet operates the web shop at www.shop,beautyplanet.at where customers authorised by doctors can place orders and buy goods.(this only affects our iS Clinical products!) A sale takes place directly through Beautyplanet. Customers are authorised by using special access codes; customers must log on to the shopping portal and register before making a purchase!
(2) All provisions of these GTC of Beautyplanet contain the valid conditions for the use of the services by the customer on the web shop at www.beautyplanet.at and www.isclinical.at unless and insofar as these are modified by individual agreements.
(3) Contracts are only concluded with private individuals, i.e. consumers, also referred to as “customers”.
(4) The customer recognizes the validity of the present AGB in the context of the order procedure by clicking the field “I accept the general trading conditions” and sending the filled out order form.
(5) Beautyplanet does not recognise any conflicting conditions or conditions of the customer which deviate from these conditions, unless Beautyplanet has expressly agreed to their validity beforehand.
§ 2 Conclusion of contract
(1) The presentation of goods on the Beautyplanet homepage does not constitute a binding offer by Beautyplanet. Only the order of goods by the customer shall constitute a binding offer.
(2) The contract between Beautyplanet and the customer for the goods selected by the customer and placed in the shopping basket is concluded by filling in the order form provided on the website and sending this form by clicking on the “Send order” button (binding offer of the customer) on the one hand and by accepting this offer from Beautyplanet by sending a declaration of acceptance to the e-mail address specified by the customer in the order form and receipt of this declaration in the e-mail mailbox assigned to the address of the customer on the other hand, at the latest, however, upon delivery of the ordered goods.
(3) The automatic confirmation of receipt of the order to the customer after receipt of the order by Beautyplanet does not constitute acceptance of the contractual offer. The automatic confirmation of receipt of order shall contain, among other things, the consumer’s information in text form about his right of revocation.
(4) Any input errors when placing the order can be recognised by the customer during the final confirmation before the cash register and corrected at any time by using the “Edit function” and the “Back function” of the Internet browser before sending the order. The contract text is not saved by Beautyplanet, the customer can access and view these contract conditions at any time via the subcategory “our general terms and conditions” from the start page. The customer thus has the option of printing out these GTC with the “print function” of the Internet browser or of saving the corresponding website locally.
(5) Contracts are concluded exclusively with Beautyplanet and the customer.
§ 3 Prices/Conditions of payment
(1) The prices quoted on shop.beautyplanet.at the time of ordering are decisive. These prices are ex Beautyplanet and are valid in EURO. These prices are gross prices, i.e. inclusive of the respective statutory VAT rate and exclusive of any shipping costs incurred in accordance with paragraph 2.
(2) In addition to the stated prices, Beautyplanet estimates the shipping costs, which can be found in detail on the respective article page or in the subcategory “Shipping & Returns” accessible from the start page. In the case of a collection by the customer, the shipping costs do not apply.
(3) The purchase price is due immediately upon acceptance of the order and can be paid by the customer according to the payment methods stated on the article page.
(4) If the customer is in arrears with a payment, Beautyplanet shall be entitled to charge default interest in commercial transactions in the amount of 9 percentage points above the respective base interest rate of the ECB; in the case of contracts with consumers, the interest rate shall be 5 percentage points. Each party reserves the right to prove a different damage.
§ 4 Scope of Services
(1) The services and/or goods in the web shop are described in more detail on the respective product page and in the context of the order confirmation. A partial delivery is possible if it is reasonable for the customer. Deviations of a technical nature, in form, weight and colour are possible as far as reasonable for the customer.
(2) Some Beautyplanet healthcare products are subject to cooling regulations. For this purpose, these products are marked with the corresponding information. If these regulations are violated, the reliability and usability of the products is no longer possible.
§ 5 Delivery date
Delivery dates / delivery periods are subject to correct, defect-free, complete and punctual self-supply and lucky arrival. This shall only apply in the event that Beautyplanet has concluded a covering transaction in this respect and Beautyplanet is not responsible for the non-delivery. Events of any kind through no fault of Beautyplanet which delay the delivery or the delivery of goods or otherwise obstruct it (e.g. import and export restrictions of an official nature, mobilization, war, blockade, strike, lockout, total or partial cessation of production / delivery restrictions of the manufacturer, etc.) shall release Beautyplanet from its obligation to perform for the duration of their effects. If delivery becomes impossible for the duration due to such events, the Seller shall be entitled to withdraw from the contract if it has not yet been fulfilled. Claims for damages by the customer are excluded.
§ 6 Right of revocation
Customers who are consumers, i.e. do not act within the scope of their independent or commercial activity, are entitled to the following right of revocation:
§ 7 Return costs for revocation
In the event of revocation pursuant to § 6 above, the customer shall bear the costs of the return shipment if the delivered goods correspond to those ordered. You bear the direct costs of returning the goods!
§ 8 Retention of title
(1) The goods shall remain the property of Beautyplanet until they have been paid for in full by the customer. In commercial transactions, ownership of the object of sale shall only pass to the customer upon receipt of all payments arising from the current business relationship with the customer.
(2) Before transfer of ownership, pledging, transfer by way of security, processing or transformation shall not be permitted without the express consent of Beautyplanet.
(3) If the entrepreneurial customer is in arrears with a payment in whole or in part, stops making payments and there are otherwise justified doubts as to his solvency or creditworthiness, he shall no longer be entitled to dispose of the goods. In such a case Beautyplanet may revoke the Customer’s right to collect the goods from the recipient. Beautyplanet shall then be entitled to demand information about the recipients of the goods, to inform them of the transfer of the claims to Beautyplanet and to collect the claims of the customer against the recipients of the goods.
§ 9 Offsetting, retention
(1) The customer may only set off such claims which are undisputed, legally established or disputed but ready for decision.
(2) The customer is only entitled to a right of retention if it is based on the same contractual relationship.
§ 10 Liability for material defects and defects of title
(1) If the customer is a consumer, he shall be entitled within the framework of the statutory provisions to demand subsequent performance in the event of a material defect or defect of title, to withdraw from the contract after failed subsequent performance, to reduce the purchase price or, in the event of fault on the part of the doctor or Beautyplanet, to claim damages.
(2) If the customer is an entrepreneur, the following restrictions shall apply: In the event of a material defect or defect of title, Beautyplanet shall be entitled, at its discretion, to rectify the defect or make a subsequent delivery. Claims for material defects and defects of title by entrepreneurs shall become statute-barred within 12 months.
§ 11 Liability
(1) Beautyplanet shall only be liable for damages other than those resulting from injury to life, body and health insofar as these are based on intentional or grossly negligent action or on culpable breach of an essential contractual obligation (so-called “cardinal obligation”, i.e. such an obligation the fulfilment of which is essential for the proper performance of the contract and the observance of which the contracting party regularly relies on and may rely on) by Beautyplanet or its vicarious agents. The provisions of the Product Liability Act shall remain unaffected thereby; in addition, liability for fraudulent concealment of a defect, for an expressly guaranteed quality and for personal injury shall remain unlimited.
(2) Insofar as Beautyplanet violates an essential contractual obligation through slight negligence, the obligation to pay compensation shall be limited to the typically foreseeable damage.
(3) Insofar as Beautyplanet violates an essential contractual obligation in its dealings with commercial customers due to slight negligence, the obligation to pay compensation shall be limited to the typically foreseeable damage, but always to EUR 50,000 per claim, in total to EUR 100,000 per year. The total upper liability limit for all damages arising in connection with services rendered to the customer shall be EUR 250,000. Such claims expire in one year.
(4) Beautyplanet shall not be liable for the loss of data if the damage would not have occurred if the data had been properly backed up in the customer’s area of responsibility. A proper data backup is to be assumed if the customer verifiably backs up his data stocks at least once a week in machine-readable form and thus guarantees that these data can be restored with reasonable effort. Beautyplanet’s liability for the loss of data shall be limited to the typical recovery costs that would have been incurred if data had been properly backed up.
(5) If and to the extent that Beautyplanet’s liability is excluded, this shall also apply to the personal liability of Beautyplanet’s employees, representatives and vicarious agents!
AFFILIATE – INFO
“Please note that products from CHANNOINE and NOBUSAN are purely affiliate sales and not an online shop. You cannot use this website to conclude sales contracts for the items shown by CHANNOINE and NOBUSAN, but you are welcome to receive personal advice and information. You will be forwarded to our partner – CBS CHANNOINE Business Systems GmbH – or their online shop via the listed products. You can only conclude purchase contracts with the respective seller in the respective online shop. “
CBS CHANNOINE Business Systems GmbH
CBS CHANNOINE Business Systems GmbH
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Wasserburger Strasse 50a
CBS CHANNOINE Business Systems Aktiengesellschaft