Terms and Conditions with Customer Information

1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Customer Account
9. Warranty for Material Defects and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final Provisions

1. Scope
1.1. For the business relationship between lesfillesducoeur Julia and Lilly Schwarzkopf GbR (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”), only the following General Terms and Conditions in their version valid at the time of the order shall apply.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3. Deviating terms of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise noted for the products. Errors are otherwise reserved.

Note: Please enter the appropriate button labels below.
3. Ordering Process and Contract Conclusion
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart using the “Add to cart” button. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to complete the ordering process within the shopping cart via the “Proceed to checkout” button.

3.2. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as return to the shopping cart using the browser function “back” or cancel the entire ordering process. Required information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic confirmation of receipt by e-mail, which lists the customer’s order again and which the customer can print using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation, or by sending the invoice. Acceptance can also occur through a payment request sent by the seller to the customer and, at the latest, through the completion of the payment process. In the case of multiple acceptance processes, the earliest time of acceptance is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.

3.4 In the case of customers who are businesses, the aforementioned period for shipping, handover, or order confirmation is seven instead of two days.

3.5. Should the seller enable prepayment, the contract is concluded with the provision of bank details and the payment request. If payment is not received by the seller despite being due, even after a renewed request, within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the consequence that the order becomes void and the seller has no delivery obligation. The order is then settled for both buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.

4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Product Availability
5.1. If prepayment is agreed upon, delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any payments already made by the customer.

5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines, subject to other promises and agreements, are not fixed dates.

5.6 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even for bindingly agreed deadlines and dates, towards customers who are entrepreneurs. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operation of a sub-supplier and are not attributable to either them or the seller. During the duration of this hindrance, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, they can withdraw from the contract by written declaration after a reasonable period to be set by them or by mutual consultation with the seller.

6. Payment Terms
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their General Terms and Conditions apply.

6.4. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the seller’s right to claim further damages caused by default.

6.6. The customer is only entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment.
For customers who are businesses, the following also applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been fully settled; The buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged to adequately insure it at their own expense against theft, fire, and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work must be carried out, the buyer must carry this out in good time at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the item created by processing, the same applies as for the reserved goods. The customer also assigns the claim to secure the claims against them that arise from the connection of the reserved goods with a property against a third party. Third-party access to the goods owned or co-owned by the seller must be reported by the customer immediately. The customer bears the costs incurred by such interventions for a third-party objection action or costs for an out-of-court release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to the seller as security all claims arising from the resale or any other legal reason regarding the reserved goods (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorization can be revoked if the customer does not properly meet their payment obligations. The seller undertakes to release the securities due to the seller at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a realization risk by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon full payment of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the discretion of the seller.

8. Customer Account

8.1 The seller provides customers with a customer account. Within the customer account, customers are provided with information about their orders and their customer data stored with the seller. The information stored in the customer account is not public.

8.2. Customers can also place an order as a guest without having to create a customer account.

8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances, as far as necessary (e.g., the changed e-mail address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages arising from incorrect information.

8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s terms and conditions, using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software, such as bots or crawlers, is prohibited.

8.5. Insofar as customers store, provide, or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customers’ content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement emanating from the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, as well as reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and declarations, warnings and admonitions, as well as house bans.

8.6. Customers can cancel the customer account at any time. The seller can cancel the customer account at any time with a reasonable notice period, which is generally two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to back up their data when canceling the customer account.

9. Warranty for Material Defects and Guarantee
9.1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.

9.2. A guarantee for goods supplied by the seller only exists if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.

9.3 If the customer is an entrepreneur, they must inspect the goods immediately, notwithstanding statutory obligations to give notice of defects, and report recognizable material defects to the supplier immediately, at the latest within two weeks of delivery, in writing, and unrecognizable material defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, equipment, pattern, and color that are permissible according to quality standards or are minor are not defects.

9.4 If the customer is an entrepreneur, the choice between rectification or replacement delivery of defective goods is made by the seller.

9.5 Claims for material defects, notwithstanding the liability regulations of these General Terms and Conditions, generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatorily prescribed by law, in particular for special provisions for the entrepreneur’s right of recourse. For used goods, the warranty for customers who are entrepreneurs is excluded.

9.6 If the customer, who is an entrepreneur, has incorporated the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) into another item or attached it to another item in accordance with its nature and intended use, the seller, subject to an express agreement and notwithstanding other warranty obligations, is not obliged within the scope of subsequent performance to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and their customers).

10. Liability
10.1. For the seller’s liability for damages, the following exclusions and limitations of liability apply, notwithstanding other statutory claim requirements.

10.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract’s purpose, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4. The foregoing limitations of liability do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of the contract text
11.1. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.

11.2. The seller will also send the customer an order confirmation with all order details to the email address provided by them. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the internet.

11.3 Customers who are entrepreneurs can receive the contract documents via email, in writing, or by reference to an online source.

12. Final provisions
12.1. If the buyer is an entrepreneur, and unless otherwise agreed or mandatory legal provisions dictate otherwise, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller’s country of residence. The seller reserves the right to choose another permissible place of jurisdiction.

12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, as long as no mandatory legal provisions oppose this.

12.3. The contract language is German.

12.4. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.