General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (BRAINSHOP s.r.o.) via the Internet site www.vemibeauty.de/gb/. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract. 3.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
In doing so, the goods and/or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase.
By sending the order via the button "order with costs" you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform these to the best of our knowledge and belief either personally or through third parties.
(2) No warranty claim (repair) exists for the replacement of batteries.
(3) You are obliged to cooperate, in particular you must describe the defect in the device/goods as comprehensively as possible and make the defective device/goods available.
(4) You shall bear the costs for sending the defective device/goods to us.
1) Credit assessment
Insofar as we make advance payments, e.g. in the case of payment by invoice or direct debit, your data will be assessed on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests for the purpose of credit assessment.
We reserve the right to refuse you the payment method on account or direct debit as a result of the credit assessment.
5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health.
Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
7 Choice of Law, Place of Performance, Jurisdiction
(1) The Buyer, who has agreed to our General Terms and Conditions when purchasing the goods, agrees that disputes shall be settled before a Czech court.
By disputes are meant: all formalities related to the sale of the goods, the rejection of complaints or claims and prices displayed on our website at the time of sale.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
110 00 Praha 1
Phone: +49(0)30 609 83 93 17
Complaints office of the company
10. OG Süd
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.(1) Contract language is German.
3.(2) The complete text of the contract will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.(3) In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer sent by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
The images (photos) of the products are only illustrative, and may differ from the real product. We always try to ensure a realistic representation of our products through professional photography.
5. Prices and terms of payment
5.1. the prices indicated in the respective offers as well as the forwarding expenses represent total prices. They include all price components including all applicable taxes.
5.2. the resulting forwarding expenses are not contained in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. 1.
5.The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description. 2.
5.Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 3.
6. Terms of delivery
6.The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description. 4.
6.If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Legal liability for defects
7.The legal warranty rights exist. 2.
7.As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims. 1.