Valid as from Dezember 1st, 2011
The following terms apply to our deliveries and services, unless otherwise agreed-upon in written form. Contradictory terms are objected to in advance.
Orders may only be executed by us if the customer (depot holder) has concluded a depot contract. Our terms of sales, delivery and payment are accepted upon signing the depot contract. The order is accepted upon delivery or invoicing. The invoice is based on the prices valid on the day of delivery.
The minimum order is 50,- €. If the order value is higher than 150,- €, the inquiry is free of charge. On falling below of the order value carriage costs are charged at the rate of 7.50 € to the customer.
Delivery difficulties of our sub-suppliers as well as force majeure authorize us to adjust the delivery or to retreat from the order. Furthermore, we are authorized to carry out partial deliveries. In this case, claims for damages are invalid.
Complaints need to be filed with us immediately, however, at the latest within 8 days after delivery of the goods. We are liable for defects only in the amount of the purchase price of the rejected product. Any further claims for damages are invalid – insofar as legally allowed.
The shipment of orders is executed by the transport company authorized by Beauty Brands International GmbH. The customer holds the risk of random loss or degradation of the goods.
The invoice due date depends on the customer base in order or deposited terms of payment. Unauthorized Discounts will be debited to the customer. For cash on delivery, no discount is granted. The delivery charges as well as the cash payment of the relevant logistics service provider will be charged to the customer. The customer is in default if he fails to pay within 14 days after the due date and the invoice. In case of default interest at the rate of 8% above the base rate of default loss are calculated. The assertion of further damage is not excluded.
Changes are not accepted as payment. Payments are first offset against the oldest debts and fringe benefits. After default because of a claim or upon termination of the Custodian Agreement, all other claims, including the additional claims will be due immediately. The client is not entitled to retention rights or to offset against counterclaims of any kind, unless the counterclaims are undisputed or legally binding.
The supplier is entitled to his demands for goods and services for financing purposes to connect.
For supplies and services to customer abroad as expressly agreed that all costs of Prosecution by the supplier in case of default by the purchaser, both judicial and extrajudicial, shall be borne by the purchaser.
5. Reservation of ownership
The delivered goods remain our property until all payment requests including all collateral charges arising from the business connection between the orderer and us are completely paid. The discontinuation of individual requests in a current account as well as striking of a balance and the recognition thereof does not touch the reservation of ownership. The receipt of the counter value only at our side is valid as payment. In case of reselling delivered goods the reservation of ownership extends to the amounted requests of the customer towards his customers in the amount of the respective invoice value.
The retraction of reservation of ownership goods is also possible without any previous withdrawal from the contract.
Pledging or chattel mortgage of the goods is not allowed.
Should there be the attempt of garnishment or any other type of switch from a third party, our property of the goods must be indicated and we need to be informed immediately. Should this information be possible by letter only, the letter needs to be registered.
6. Place of fulfillment and jurisdiction
The place of fulfillment for deliveries is Wertheim. The payment of the consignments of goods needs to be effected on the account stated by us. If the contractual partner is a merchandiser, the place of jurisdiction for all disputes arising will be the registered office of the supplier. However, the supplier is authorized to file a suit at the place of jurisdiction of the contractual partner. The contractual relationship is subject to German law only for both parties.
7. Webshop data protection
All personal data is encoded and communicated via “secure socket layer (SSL)” with 128-bit codification. The encoded information regarding your order, name, address, credit card or your bank data cannot be seen by any third party. Your personal data is only accessible to employees of Beauty Brands International GmbH.
8. Final Provisions
All information contained in these conditions, provisions are divided and separated to judge from the remaining provisions if one or more provisions are invalid or unenforceable should be one of the forthcoming provisions invalid or become part of the contract will be to the validity of the remaining provisions not affected. Committed for this case, the parties now enter into negotiations that aim to replace the invalid provision by such a clause comes closest to what the parties have with the existing provision intended economically.
Beauty Brands International GmbH
Group of Straub Cosmetics GmbH
F +49 9342 / 96791 – 3300
Managing Director: Jelto Hendriok
Legal information: HRB 712931 AG Mannheim, USt-IdNr. DE815313188