General Terms and Conditions

§ 1 Scope

(1) The terms and conditions (T) stated here, in their respective version valid at the time of ordering, apply exclusively to the business relationship between the operator of ‚Helen Pietrulla Kosmetik GmbH‘ (hereinafter referred to as ‚Provider‘) and the customer.

(2) The Provider generally rejects any terms and conditions of the customer that deviate from the Provider’s T Any special regulations of the terms and conditions require the express written consent of the Provider before the conclusion of the contract.

§ 2 Conclusion of Contract

(1) The presentation of products and goods within the online shop does not constitute a binding offer to conclude a purchase contract on the part of the Provider. The customer is merely invited to submit an offer by placing an order.

(2) By submitting an order, the customer acknowledges the Provider’s T as the sole applicable legal relationship and makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

(3) After receiving the order, the Provider sends a confirmation email to the customer. This email does not yet constitute acceptance of the contract offer by the manufacturer. It merely serves to confirm receipt of the customer’s offer. Acceptance of the contract offer by the manufacturer only occurs through the delivery of the goods or an express declaration of acceptance.

(4) All products and goods offered by the Provider in the online shop are non-binding and subject to change. Deviations and technical changes in the illustrations are possible and reserved.

(5) Helen Pietrulla Kosmetik GmbH does not offer products for purchase by minors. Products suitable for children or adolescents are to be ordered only by adults.

(6) The prices stated within the shop portal are valid for the time of ordering. All prices quoted are final prices in EURO (€) and include the respective statutory VAT of 19%.

(7) The Provider is entitled to withdraw from the purchase contract if delivery as agreed is not possible on the part of a supplier. In such a case, the customer will be informed by the Provider and a refund will be made for any payments already made.

§ 3 Delivery and Shipping Costs

(1) The delivery of goods is made ex works or warehouse to the delivery address specified by the customer. The delivery is made via UPS, DHL or Deutsche Post through the shipping route. Self-collection of goods is not possible.

(2) Shipping is free for every order within Germany.

§ 4 Payment

The goods remain the property of the seller until all liabilities of the buyer have been fully settled.

Helen Pietrulla Kosmetik GmbH accepts all payment methods offered on the website https://helen-pietrulla.de during the ordering process. The customer chooses their preferred payment method.

1. Advance Payment

If you select advance payment as the payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

2. PayPal

You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After authentication with your login data, you can confirm the payment instruction to us. You will receive further information during the ordering process.

§ 5 Offsetting, Retention

(1) Offsetting of mutual claims is only possible with the express prior consent of Helen Pietrulla Kosmetik GmbH. A right to offset exists only if counterclaims have been legally established or acknowledged by Helen Pietrulla Kosmetik GmbH.

§ 6 Retention of Title

(1) For consumers, the Provider retains the right to the purchased item until the full payment of the invoice amount. If the customer is an entrepreneur acting in the exercise of their commercial or independent professional activity, a legal entity under public law or a special fund under public law, the Provider retains ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) The customer has the right to offset only if their counterclaims have been legally established or are undisputed or recognized by the provider. In addition, the customer has a right of retention only if and to the extent that their counterclaim is based on the same contractual relationship.
If the customer is in default with any payment obligations to the provider, all existing claims become due immediately.

§ 7 Liability for Defects/Warranty

(1) The statutory provisions apply. In case of a defect in the purchased item, subsequent performance in the form of rectification of the defect or delivery of a replacement can be demanded. If this subsequent performance fails, the customer may withdraw from the contract in case of a not insignificant defect, reduce the purchase price, or claim damages. Further claims are excluded regardless of the legal grounds.

§ 8. Transport Damages

(1) If goods are delivered with obvious transport damage, please report such defects to the delivery person immediately if possible and contact us without delay. Failure to make a complaint or contact has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

§ 9. Cost Assumption Agreement in Case of Exercising the Right of Withdrawal

(1) You have to bear the regular costs of return if the delivered goods correspond to the ordered ones.

§ 10 Applicable Law

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The language available for the conclusion of the contract is German.

§ 11 Severability Clause

(1) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.

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