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General terms and conditions with customer information

contents

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. Place of jurisdiction
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter"GTC") of Ultramera BV (hereinafter"Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") with the seller with regard to those of the seller in the Online shop shop.ledvance.com completes the goods shownWe hereby object to the inclusion of the customer's own terms, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activityEntrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the shop.ledvance.com online shop are not binding offers on the part of the seller, but are used to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the shop.ledvance.com online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
  • by asking the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs firstThe period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sentIf the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If the payment method"PayPal Express"is selected, the payment is processed by the payment service provider PayPal (Europe) S.à rlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:“PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- fullIf the customer selects"PayPal Express"as the payment method as part of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order processIn this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g.BEmail, fax or letter)The seller will not make the contract text accessible beyond thisIf the customer has set up a user account in the shop.ledvance.com online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer using his password-protected user account and specifying the corresponding login data.

2.6 Before placing the order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screenThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 The order processing and contacting usually take place via email and automated order processingThe customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added taxIf applicable, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customerThis includes, for example, costs for the transfer of money by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties or taxesTaxes (e.g.Duties)Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the online shop shop.ledvance.com.

4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:"PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

4.6 If a payment method offered via the payment service"Shopify Payments"is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter"Stripe")The individual payment methods offered via Shopify Payments are communicated to the customer in the online shop shop.ledvance.comStripe can use other payment services to process paymentsspecial payment terms apply, to which the customer mayis pointed out separatelyFurther information on"Shopify Payments"can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If the payment method"PayPal direct debit"is selected, PayPal will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information on behalf of the sellerEvery message (e.g.Invoice, policy, contract) to the customer who announces a debit by means of SEPA direct debitIf the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this .

4.8 If you choose a payment method offered by the"Klarna"payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter"Klarna")Further information and Klarna's conditions can be found in the seller's payment information, which can be viewed at the following Internet address:

https://www.klarna.com/de/

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreedWhen processing the transaction, the delivery address specified in the seller's order processing is decisiveDeviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the sellerThis does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellationIf the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3 Pick -up is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereofIf the customer does not comply, this has no effect on his legal or contractual claims for defects.

8) Applicable law

8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsFor consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

8.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

9) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of businessIf the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activityIn the above cases, however, the seller is entitled to appeal to the court at the customer's registered office.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

General Terms and Conditions

Table of Contents

  1. Scope of application
  2. Conclusion of the contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and delivery conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Applicable Law
  9. Place of jurisdiction
  10. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as"GTC") of the company Ultramera BV (hereinafter referred to as"Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as"Client”) and the Seller relating to all goods and/or services presented in the online shop shop.ledvance.comThe inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activityA trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the contract

2.1 The product descriptions in the online shop shop.ledvance.com do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the online shop shop.ledvance.comIn doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client's offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the client is decisive, or
  • by delivering ordered goods to the client; insofar receipt of goods by the client is decisive, or
  • by requesting the client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occursShould the seller not accept the client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the client is no longer bound by his statement of intent.

2.4 If the client chooses"PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) Sarlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”)The PayPal terms of use shall apply which can be viewed at:https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.

In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at:https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x= en_US.

If the client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order processIn this case, the Seller declares his acceptance of the Client's offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.

2.5 When submitting an offer via the online order form on shop.ledvance.com , the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (ege-mail, fax or letter) after the order has been sentThe seller shall not make the contract text accessible beyond thisIf the Client has set up a user account in the online shop shop.ledvance.com prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller's online order form, the Client may recognize input errors by reading attentively the information displayed on the screenThe enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The German and the English language are exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processingIt is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this addressIn particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller's instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, prices indicated are total prices including the statutory sales taxDelivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the online shop shop.ledvance.com .

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the seller is not responsible and which have to be borne by the clientThis includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs)Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 If the payment method"PayPal direct debit"is selected, PayPal collects the invoice amount from the customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expiredPre-notification means any communication (eGinvoice, policy, contract) to the client announcing a debit via SEPA direct debitIf the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.

4.6 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) Sarlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at:https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effectiveThey can be viewed at:https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.7 When choosing a payment method offered via the payment service"Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as"Shopify")The individual payment methods offered via Shopify are communicated to the Client in the online shop shop.ledvance.comShopify may use other payment services to process payments, which may be subject to special payment terms, to which the client customer is separately referredFurther information on"Shopify Payments"can be found at https://www.shopify.com/payments.

4.8 If the method of payment Klarna Invoice Purchase or the method of payment Klarna Installment Purchase is selected, payment processing is carried out via Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46,111 34 Stockholm, Sweden (hereinafter referred to as"Klarna")Further information on Klarna Invoice and Installment Purchase as well as the terms and conditions of Klarna can be found in the Seller's payment information, which can be viewed at the following Internet address:

https://www.klarna.com/de/

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the client, unless agreed otherwiseDuring the processing of the transaction, the delivery address indicated in the Seller's order processing is decisiveHowever, in case the client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatchThis shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 The client is asked to notify any obvious transport damages to the forwarding agent and to inform the seller accordinglyShould the client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Applicable Law

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goodsFor consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

8.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

8.3 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

9) Place of jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activitiesIn any event however, regarding the aforementioned cases the seller is entitled to call the court responsible for the seat of the client.

10) Alternative dispute resolution

10.1 The EU Commission provides on its website the following link to the ODR platform:https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

EN