General Terms and Conditions

§ 1 Conclusion of order and contents​

  1. All deliveries, services and offers of PINK Cosmetics GmbH – hereinafter referred to as PINK Cosmetics – take place exclusively in accordance with the respective order placed and are further governed by the present General Terms and Conditions, which also apply to all future orders between the customer and PINK Cosmetics even if not expressly re-agreed.
  2. PINK Cosmetics retains full ownership rights and unrestricted rights of use under copyright law in respect of cost estimates, products and other documentation. The customer may not make documentation or electronic files available to third parties without the prior written consent of PINK Cosmetics. In the event that an order is not placed, such documentation or electronic files must be returned without delay on request. 
  3. The products and services made available by PINK Cosmetics do not constitute a contractual offer within the meaning of  § 145 of German Civil Code (BGB). Said products and services merely represent an “invitatio ad offerendum” and remain without engagement and non-binding until such time as PINK Cosmetics issues written declaration of acceptance to the customer. No legally binding contract is concluded between the customer and PINK Cosmetics until such time as PINK Cosmetics has responded to an order offer made by the customer by providing the customer with either written confirmation (signed fax, signed letter, e-mail with signature) or with confirmation by telephone (acceptance of order by telephone).  In the case of immediate delivery, written confirmation of order may be replaced by an invoice issued by PINK Cosmetics. 
  4. Any diagrams, drawings, printed advertising materials,  bonus designations, measurements, weights or other performance data relating to goods are only binding if expressly agreed in writing.
  5. PINK Cosmetics reserves the right to make changes to construction and/or recipe and/or form and/or execution and/or perfume and/or consistency and/or shelf life. Such changes do not entitle the customer to make notification of defect or to withdraw from the purchase unless the change objectively represents a material defect or unless a change made in the interests of PINK Cosmetics is not reasonable for the customer.

§ 2 Prices and payment​

  1. Prices stated by PINK Cosmetics are ex-warehouse Hanover. Insofar as nothing to the contrary is stated, PINK Cosmetics will adhere to the prices contained within offers for a period of 30 calendar days from the day on which PINK Cosmetics provided the customer with written declaration of acceptance. Otherwise, the prices stated by PINK Cosmetics in the confirmation of order shall apply plus value added tax at the respective statutory rate. 
  2. Payment of the purchase price shall be made exclusively in accordance with the payment conditions stipulated in the order forms or online shop (e.g. via cash on delivery or direct debit). 
  3. In the case of chargebacks that are caused by the customer, such as by dint of insufficient funds, the bank charges incurred in the amount of €12.50 shall be borne by the customer.
  4. Insofar as the due date of the purchase price is not already governed by § 2 above, the purchase price shall otherwise fall due for immediate payment upon receipt of the invoice issued by PINK Cosmetics. In the event that the customer does not pay the purchase by the 10th day after the date of the invoice, the customer shall be in default of payment from the 11th day after date of invoice without any requirement to send a reminder to this effect. In such circumstances, PINK Cosmetics shall charge at least statutory penalty interest, i.e. interest at the rate of 5% above the respective base rate of the European Central Bank for all purchases which are not commercial transactions and at the rate of 8% above base rate in the case of commercial transactions within the meaning of German Commercial Code (HGB). Penalty interest may be set at a higher level if evidence of a higher interest rate is provided.
  5. The customer may not set off claims against the purchase price unless such claims as are undisputed or established in law. The customer shall only be entitled to exercise a right of retention in respect of counter claims arising from the same contractual arrangement.

§ 3 Sales quantities​

  1. PINK Cosmetics supplies commercial customers only. For this reason, only orders which are in accordance with the usual commercial quantities are accepted. In the event that an order contains quantities that are not in accordance with the usual commercial quantities, PINK Cosmetics shall be entitled to refuse acceptance. In such a case, the customer will be contacted by e-mail or telephone without delay.

§ 4 Delivery​

  1. PINK Cosmetics reserves the right to set delivery deadlines of six weeks after submission of written declaration of acceptance (§ 2 Clause 1 No. 2 above). Shorter lead times or delivery deadlines are not binding unless separately agreed in writing between PINK Cosmetics and the customer. 
  2. The delivery deadline is extended in the event of measures undertaken within the scope of industrial action, in particular strikes and lockouts, and in the event of unforeseeable hindrances which are outside the sphere of influence of PINK Cosmetics, e.g. operational malfunctions and delays in the delivery of essential raw materials, insofar as it can be demonstrated that such hindrances exert a significant impact on the delivery of goods. The above shall also apply in cases where such circumstances affect pre-suppliers. The delivery deadline shall be extended in accordance with the duration of measures and hindrances of this nature. The circumstances designated above shall further not be the responsibility of PINK Cosmetics if they occur during an existing delay. PINK Cosmetics will notify the customer as quickly as possible of the commencement and end of hindrances of this nature.
  3. The beginning of the deadline for delivery to the customer is subject to full and timely delivery to PINK Cosmetics by its own suppliers. In the event that PINK Cosmetics has concluded a hedging transaction with a sub-supplier for the purpose of fulfilment of the contract and such a sub-supplier fails in its duty to provide delivery, PINK Cosmetics shall be entitled to withdraw from the order vis-à-vis the customer.
  4. In the event that PINK Cosmetics is in culpable default of delivery, the customer may only assert claims for  compensation or rights of withdrawal if the customer has set PINK Cosmetics an appropriate subsequent deadline for delivery in conjunction with a threat of refusal in the case of non-timely delivery within such an appropriate subsequent deadline and if said deadline has expired without performance.
  5. PINK Cosmetics shall also be entitled to provide partial deliveries or partial performance unless such partial deliveries or partial performance are not reasonable for the customer from the point of view of an objective observer.
  6. Compliance with the duties of PINK Cosmetics to provide delivery and performance requires timely and proper fulfilment of obligations on the part of the customer.
  7. In the event that dispatch is delayed at the request of the customer, we will charge to the customer warehousing costs incurred in connection with the storage of goods in the monthly amount of 0.5% of the price of the delivery beginning one month after  notification of availability for dispatch was provided. Notwithstanding this, such a charge shall not exceed 5% of the total order price. PINK Cosmetics is not required to keep evidence of higher or lower warehousing costs.
  8. In the event that the customer does not accept goods, PINK Cosmetics shall, having set a subsequent deadline of 14 days, be entitled to withdraw from the contract or to require compensation for non-fulfilment. In every case, PINK Cosmetics shall be entitled to assert a flat-rate compensation claim in the amount of 15% of the purchase price. This is without prejudice to the right of the contractual parties to demonstrate that a higher or lower amount of damage has been incurred.


§ 5 Dispatch, insurance​

  1. Insofar as nothing to the contrary is stipulated below, risk of accidental destruction of and of accidental impairment of goods shall pass to the customer at the time when the customer accepts the object of delivery. In the event that the customer is in default of acceptance, risk of accidental destruction of and of accidental impairment of goods shall pass to the customer at the commencement of such default of acceptance.
  2. Loading and shipping are carried out by the company DHL or the company UPS on behalf of PINK Cosmetics. Risk is transferred to the customer once goods are handed into the care of the customer, forwarding agent or carrier or similar party and in all cases when  goods leave the care of the company DHL. The above further applies when dispatch of goods takes place within the same town or city and when dispatch is executed using PINK Cosmetics’ own vehicles. PINK Cosmetics will exercise all due care and attention in undertaking  dispatch, selection of means of transport and of transportation route and of appropriate packaging without accepting liability and will invoice such services separately. The shipping provider (in this case DHL) shall be liable for direct damage (loss of value) incurred in the event of loss of or damage to the package within the scope of the provisions relating to the liability of DHL Vertriebs GmbH & Co. OHG applicable at the time when the contract was concluded. Delivery shall take place to the address of the customer stated at placement of order insofar as nothing to the contrary has been expressly agreed in writing.

§ 6 Retention of title​

  1. PINK Cosmetics shall retain ownership of objects of delivery until such time as full payment has been made by the customer. In the event of default of payment, PINK Cosmetics shall be entitled to take back goods upon issuing of a first reminder, and the customer shall be required to release goods to PINK Cosmetics without delay.
  2. Assertion of retention of title and seizure of the objects of delivery by PINK Cosmetics shall not be deemed to constitute withdrawal from the contract unless the provisions of the German Consumer Credit Act are applicable or unless withdrawal from contract is expressly stated in writing by PINK Cosmetics.

§ 7 Guarantee and liability​

  1. The effect of the objects of delivery is dependent on the different genetic disposition and hormonal balance of the person treated and on the technique of application. For this reason, no general statements can be made regarding the number of treatments necessary or in respect of the period in which hairs in the treated area will be reduced or removed. Objects of delivery shall not be deemed to have a  material defect in the event that the effect does not ensue as described.
  2. Guarantee and liability in respect of material or legal defects in advertising copy, pictures and other materials supplied by PINK Cosmetics are excluded insofar as the customers alters such materials or uses the customer’s own advertising copy in conjunction with such materials. The above is without prejudice to liability in the case of intent and gross negligence. 
  3. The statutory guarantee period applies. The customer is required to examine goods received for possible defects without delay and shall notify PINK Cosmetics in writing of any obvious defects without delay and in every case within two weeks of receipt of the object of delivery. Hidden defects, which cannot be ascertained during this deadline despite careful scrutiny, shall be reported to PINK Cosmetics in writing without delay and in all cases within two weeks of discovery of such defects. The object of delivery or the damaged part must be sent for inspection without delay and in every case within two further weeks of timely notification of defect to PINK Cosmetics, Erkrather Straße 401, 40231 Düsseldorf. PINK Cosmetics will bear the cost of proper dispatch insofar as the notification of defect is demonstrated to be justified.

§ 8 Place of fulfilment, place of jurisdiction, partial invalidity​

  1. Place of fulfilment and jurisdiction is agreed to be Düsseldorf in North-Rhine Westphalia insofar as the customer is a registered trader, a legal entity under public law or a special fund as defined by public law. Notwithstanding this, PINK Cosmetics shall also be entitled to assert a legal claim at the location of the Registered Office of the customer.
  2. All legal relations between the parties are governed by the law of the Federal Republic of Germany. The Uniform Law on the International Sale of Moveable Goods is excluded, even in circumstances where the Registered Office of the contractor is abroad.
  3. In the event that a provision contained within the present General Terms and Conditions or a provision included within the scope of other agreements shall be or shall become invalid, this shall be without prejudice to the validity of all other provisions or agreements.

1 Unverbindliche Preisempfehlung des Herstellers (UVP)

3 Prices exclude VAT and delivery fees

4 Price while stock last

5 

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