GENERAL TERMS AND CONDITIONS (GTC)

FOR ONLINE MERCHANDISE ORDERS BY CONSUMERS AS DEFINED BY SECTION 13 OF THE GERMAN CIVIL CODE - BGB 

Version: July 2023
 
§ 1 Scope
§ 2 Conclusion of contract
§ 3 Right of cancellation
§ 4 Terms and conditions of delivery, shipping costs and prices
§ 5 Payment methods, due date, default, and retention of title
§ 6 Claims for defects in the goods delivered
§ 7 Liability
§ 8 Data protection , credit check
§ 9 Applicable law, miscellaneous

§ 1 Scope

§ 2 Conclusion of contract

2.1 The presentation of goods on our website does not constitute a binding offer by M2 BEAUTÉ, but merely an invitation to you to submit an offer. 

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the "Go to product" button. You have the option of adding items to your shopping cart without obligation by clicking on the "Add to cart" button next to the respective item. You can also specify the number of items you wish to purchase. In the opening shopping cart window (accessible by clicking on the shopping cart symbol), you will find all the items that you have placed in the shopping cart: There you can remove items from the cart, change the quantity and enter M2 BEAUTÉ coupon codes. Your order process can be cancelled at any time before clicking the "Proceed to checkout" button by closing the browser window. If you want to buy the products in the shopping cart, click the "Proceed to checkout" button in the "Shopping cart" page.

In the further order process you enter personal information and shipping data. After clicking on the button "Next" you will reach the next step of the ordering process to complete the order. Here you can select the desired payment method and get an overview of your order data again. At this point you can check your details again and correct them under "Change billing address" and "Change delivery address". You can also correct input errors by navigating backwards in the browser or canceling the order process and starting again. On the subpage "Complete order" you will be referred to our terms and conditions and the cancellation policy - both texts can also be accessed here. To complete the purchase, you must click on the button "Order subject to payment".  

With your order via the button "Order subject to payment" you submit a binding offer to purchase, which still requires acceptance by us. Immediately after placing your order, you will receive an automatic e-mail as confirmation of receipt. This e-mail is for information purposes only and does not constitute acceptance of your order by us. Only with the acceptance of your order by us, the purchase contract for the goods comes into effect. We are not obliged to accept your purchase offer. The acceptance by us can be made by sending the shipping confirmation or by sending the goods. If you pay on account, the acceptance takes place by the dispatch of the goods, which - unless otherwise stated in the online store - takes place within three working days from your order. If you pay by credit card or via PayPal, acceptance by M2 BEAUTÉ and thus the conclusion of the contract is effected by charging the credit card or your PayPal account; this takes place at the time of delivery of the goods and simultaneous invoicing.

If you have not received an order confirmation or notification of delivery or no goods within 5 working days, you are no longer bound to your order.

2.3 You have two options for making purchases in the M2 BEAUTÉ online store: 

a) By creating a customer account, you have the option of registering by providing your e-mail address and assigning a personal password, thereby creating an M2 BEAUTÉ customer account. You may not disclose this data and the password required to place an order to third parties or otherwise make third parties aware of it. If you are at fault, you are responsible for orders placed using your password, i.e. you must pay the purchase price for the goods ordered using your password. 

b) Ordering as a guest: You can also order from us as a guest by providing your e-mail address, name and address. Registration and creation of an M2 BEAUTÉ customer account does not take place in this case. Your data will then only be used by us in the context of the order. In the case of a guest order, the data you provide, including your order, will be stored by us. For further information, please refer to the privacy policy.

§ 3 Right of cancellation

3.1 Cancellation policy

You have the right to cancel this contract within 14 days without stating a reason.
 
The cancellation period is 14 days from the date on which you or a third party appointed by you who is not the carrier have or has taken possession of the last merchandise.
 
In order to exercise your right to cancellation, you must inform us (M2 Beauté Cosmetics GmbH, c/o Scholz Versand Service, Sandforter Straße 143, 49085 Osnabrück, Germany, Tel. +49(0)221-9989150, Fax: +49(0)221-99891520, E-mail: service@m2beaute.com) by sending us a clear statement (e.g. a letter sent by post, a fax, or an e-mail) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose; use of the form is not compulsory, however. You may also complete and transmit electronically the sample cancellation form or another clear statement on our website at www.m2beaute.com. If you make use of this option, then we will transmit confirmation of the receipt of your cancellation to you immediately (e.g. by e-mail).
To observe the cancellation period, it is sufficient that you send us the notice that you are exercising the right of cancellation before the cancellation period has expired. 

3.2 Consequence of cancellation
When you cancel this contract, we must pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that are incurred if you select a form of delivery other than the most favorable standard delivery offered by us) without delay and no later than within 14 days from the date on which we received the notice of your cancellation of this contract. To make this repayment, we will use the same payment method that you employed in the original transaction, unless otherwise expressly agreed with you; in no event will you be charged any fees related to this repayment. We may refuse to make the repayment until we have received the merchandise returned to us or until you have furnished proof that you have sent back the merchandise – whichever event is earlier.
 
You must send or return the merchandise to us immediately and in any case, no later than within 14 days from the date on which you inform us of the cancellation of this contract. The time limit is considered to have been met if you send the merchandise before the time limit of 14 days expires. You shall bear the direct costs of the return delivery. You must bear the responsibility for any loss in value of the merchandise only if this loss in value can be attributed to any handling of the merchandise that goes beyond the extent required to inspect its condition, properties and function.

3.3 Exclusion of the right of cancellation
We draw your attention to the fact that the right of cancellation does not extend to goods that are sealed and that are not suitable for return for reasons of health or hygiene if the seal has been removed after delivery.

End of the cancellation policy

3.4 Sample cancellation form 
If you want to cancel the contract, please fill out this form and send it back. 

To
M2 Beauté Cosmetics GmbH c/o Scholz Shipping Service Sandforter street 143 D-49085 Osnabrück
E-mail: service@m2beaute.com 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date (*)
Delete where not applicable.

§ 4 Terms and conditions of delivery/shipping costs

4.1 The prices quoted in the M2 BEAUTÉ online shop are in euros/€ and include the statutory value-added tax plus shipping costs. When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which will not be paid via us or invoiced by us, but must be paid by you directly to the relevant customs or tax authorities. Please contact the relevant authorities for details. We deliver with a shipping provider of our choice. The price at the time of the order applies in each case.

4.2 Delivery is made from our distribution warehouse to the delivery address specified in the order. If both the delivery address and the billing address are within the Federal Republic of Germany, we will deliver free of shipping costs for you. M2 BEAUTÉ charges a flat shipping fee per order. Please refer to our shipping costs table for the current conditions.

4.3 If M2 BEAUTÉ voluntarily offers one or more free bonus products, the conditions for claiming these bonus products are governed by the relevant promotion conditions on our website. Unless otherwise stated in the promotion conditions, the following applies: The relevant promotion cannot be combined with any other promotion and/or discount offered by us and is only valid while stocks last. If the receipt of a bonus product is made dependent on reaching a purchase value, the entitlement to the bonus product shall expire if the purchase value required for receipt is not reached due to the return of goods (e.g. due to revocation). In this case, the buyer is obliged to return the bonus product.

4.4 Discounts or discount vouchers (e.g. an M2 BEAUTÉ voucher with discount code, a newsletter discount or a birthday voucher) can only be redeemed under the terms of the promotion advertised in each case. Multiple discounts and discount vouchers cannot be combined.

§ 5 Payment methods, due date, default, and retention of title

 
5.1 We offer you a choice of the following payment methods:

a.    payment by payment provider Paypal,

b.    by credit card (MasterCard or VISA card).

5.2 The purchase price falls due for payment upon complete delivery and will be charged to your account on the next possible date (depending on the payment option selected).

5.3 In the event of default, you are required to pay the statutory default interest in the amount of five percentage points above the base rate published by the European Central Bank at the time in question and the additional damage caused by delay – in particular, the additional costs for reminders and collection. You are entitled in any event, however, to furnish proof that no or less damage has been incurred.

5.4 The delivered merchandise remains our property until payment has been made in full.
 

§ 6 Claims for defects in the goods delivered

6.1 The product images on our website will not always correspond to the appearance of the delivered products. In particular, there may be variations in the appearance and features of the products. Defect claims do not exist in this respect if these involve minor deviations customary in the trade, do not represent any deterioration in value, and do not adversely affect the ability to use the products for the contractually defined purpose.

6.2 If the goods are defective, we will arrange for subsequent performance within a reasonable time, i.e. either a replacement delivery or the rectification of the defect. If we are able to carry out the subsequent performance that you have selected only at disproportionate expense, then we are entitled to carry out the other subsequent performance. We shall bear the costs necessary for the subsequent performance. If we are unable to successfully carry out the subsequent performance, then you are entitled to assert the statutory claims at your discretion.

6.3 Defective goods are to be returned to us unless you have opted for a reduction of the purchase price.

6.4 We will bear the costs for returning a defective product.

6.5 Defect claims expire two years after the date of delivery of the goods.

§ 7 Liability

7.1 M2 BEAUTÉ shall be liable without limitation

•       in the event of willful intent or gross negligence,
•       for injury to life, limb or health,
•       pursuant to the regulations of the Produkthaftungsgesetz (German Product Liability Act), and
•       the scope of any guarantee undertaken by M2 BEAUTÉ .

7.2 Without prejudice to the regulation in clause 7.1, M2 BEAUTÉ shall be liable in the event of simple negligence only when a material contractual obligation is breached – that is, a breach of obligations, the fulfillment of which is necessary for the proper execution of the contract and where you may normally be confident that they will be complied with (“material obligations”). In the event of a breach of a material obligation as a result of ordinary negligence, the liability of M2 Beauté is limited to the typical damages and/or a typical scope of damage that were or was foreseeable at the time the contract was entered into. All instructions on the packaging and in package inserts must be followed. M2 BEAUTÉ does not assume any liability for any use and/or handling deviating from these instructions.
 
7.3 The above limitations of liability shall also apply in the event of any fault of a performing agent of M2 BEAUTÉ as well as for the personal liability of the employees and representatives of M2 BEAUTÉ .

§ 8 Data protection

Information on how we handle personal data may be found in our privacy policy.

§ 9 Applicable law, miscellaneous

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 

9.2 In the case of customers who conclude the contract for a purpose that cannot predominantly be attributed to their professional or commercial activity (consumers), this choice of law shall not affect the mandatory provisions of the law of the state in which the customer has his habitual residence. 

9.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in D-50678 Cologne. 

9.4 We reserve the right to amend these General Terms and Conditions at any time with effect for the future. They are available for downloading and printing at https://www.m2beaute.com/kontakt/agb in their respective current version applicable to the relevant order.

 9.5 If one or more provisions of these General Terms and Conditions are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions. 

9.6 The language of the contract shall be German.

Version: July 2023