Terms and conditions
of the Cosmetic Service GmbH
1. In principle we deliver on the following sales, delivery and payment conditions. Deviations therefrom, particularly the validity of the purchasing conditions of the customer, require the explicit written confirmation for their use.
2. Our offers are subject to change. Contracts stay binding only through a written confirmation within 2 weeks or after starting the carrying out. Agreements that have been made orally, by telephone or electronically transmitted telegraphic are only binding if they have been confirmed by us in writing with the above mentioned time limit.
The order quantity is regarded as an approximate quantity, unless otherwise agreed explicitly in written. Deviations of 10% up and down are permissible. This also applies to partial deliveries from alerts.
In the event of order-related procurement of presentations or parts of presentations the customer is obliged to the complete acceptance of the delivered presentations and parts of presentations which have been delivered through our preliminary supplier.
3. In principle our prices are quoted exclusive the statutory value added tax and excise duties. The purchase price is payable upon delivery without deduction unless expressly agreed otherwise.
We deserve the right to charge interests after due date, amounting to the common interest rate from the due date. In the event of delay we are entitled to claim further damages due to delay. Exchange and cheques will only be accepted on account of performance.
They shall be considered payment when they have been redeemed. Spesen gehen zu Lasten des Abnehmers. Any offsetting of claims against our purchase-money claim which are disputed, or not legally established shall not be permitted.
The delivered goods remain our property until full payment including interest and costs or until cheques or bills of exchange given for this purpose have been fully honoured. The customer transfers the claims against third parties resulting from the resale of the goods to us in order to secure the claims until full payment.
If the solvency of the customer gets worse between the receipt of order confirmation and delivery, or it becomes known to us afterwards, that there is serious concern about the solvency of the customer, we may demand early payments or advance payments. If the customer does not meet this request, we shall be entitled to withhold deliveries or withdraw from the contract.
If any delay of payment is not remedied within appropriate period of grace, we shall be entitled to withdraw from the contract or demand damages for non-performance. This applies particularly to agreed further business which has not yet been carried out.
4. Delivery periods and deadlines stated by us are, unless explicitly otherwise agreed, always considered to be approximate.
If the customer demands the modification of the order after submission of the order confirmation, the delivery starts only with the confirmation of the modification. Deviations in dimensions, content, weights and coloration due to us are permitted within the customary deviations.
5. Deliveries are carried out at the cost and risk of the customers. If carriage prepaid delivery is agreed the carriage will be paid by us until the standard station of destination. Additional costs such as freight charge, cargo etc. will be paid by the customer in this case.
Freight insurance can be closed by request of the customer; arising costs will be borne by the customer in principle.
6. Costs for packaging materials will be invoiced separately unless otherwise agreed in written.
7. The quality of the delivered goods shall be approved if we do not receive a notice of defect within 8 workdays after the arrival of the goods at the place of destination. Defects must be notified to us in writing.
Hidden defects can only be asserted against us if the notice of defects is received within 2 months after dispatch of the goods. We shall be liable for defects according to the legal provisions for cancellation of contract, loss or replacement at our discretion, if the defected goods are returned to us. Especially the claim of the lack of assured properties is to be documented through a reasonable investigation by the customer. If the customer fails to do the respective investigation which is reasonable for him, he loses the warranty rights with respect to detected defects.
8. Our liability shall in principle be limited to fault and gross negligence; this also applies to all damages that arise from the use of one of our products through oversensitive skin reactions or something similar. Events of force majeure, strike, interruption of operation, lack of raw materials, state interventions etc., which are not attributable to us, release us from the delivery obligation. In these cases we are also entitled to withdraw from the contract in whole or in part. The purchaser cannot derive any claims for damages from this.
As far as goods supplied by us is brought into containers procured either by the customer or by us a liability shall only arise to us, if we have detected the compatibility between the products manufactured by us and the containers in written. If the damage could have been avoided by adherence to the customer's inspection obligation, then any liability on our part is excluded.
Furthermore, we are not liable for the suitability of the goods fort he intended purposes of the customer. The technical consultation is to our best knowledge.
As the actually occurred use is out of our influence and its’ circumstances are not foreseeable, written and oral advices or suggestions can only be given without obligation. These don’t release the customer from his own obligation to check if the products are suitable for the intended purposes.
9. We shall only be liable for damages, loss or destructions of customer-owned presentations or parts of presentations which are stored by us, if damages, loss or destructions are caused by gross negligence or intent on our part.
10. Jurisdiction and place of performance for both parts is Frankfurt am Main. Should any of the aforementioned clauses be or become ineffective, all other clauses obtain their validity.