General Terms and Conditions
The following provisions together with the referenced documents are the General Terms and Conditions ("GTC") for all orders placed by you with NextGen Beauty GmbH, Am Limespark 2, 65843 Sulzbach / TS, Germany within the scope of the NextGen Beauty web shop ("Online Shop").
Please read these terms and conditions carefully before placing an order with NextGen Beauty GmbH. When placing an order, you will be asked to agree to the validity of these GTC for your order.
NextGen Beauty GmbH reserves the right to make changes to its website, its rules and conditions including these GTC at any time. The GTC in force at the time of your order shall apply to your order, unless a change to these terms and conditions is required by law or by official order (in which case they shall also apply to orders that you have placed previously) or the validity of a different version of GTC has been agreed with you. NextGen Beauty GmbH may submit special offers to you and place them under separate conditions.
These GTC are available in English.
(2) Conclusion of the contract
(a) Goods available in the online shop
You can purchase the products of NextGen Beauty GmbH presented in the online shop.
(b) Contractual declaration when placing an order
In order to place an order, you must add the products you wish to purchase to your virtual shopping cart, follow the instructions during the ordering process and provide the requested information (e.g., your address, different delivery address if applicable, means of payment, shipping method) as well as confirm that you agree to these Terms and Conditions of Sale, the Terms and Conditions of Use for this website and finally the data protection provisions and that you have taken note of the cancellation policy of NextGen Beauty GmbH. By clicking the button "Order subject to payment" or "Buy" at the end of the ordering process, you submit a legally binding offer to conclude a purchase contract for the products in the shopping basket (your "contractual declaration").
By placing goods in the online shop, NextGen Beauty GmbH does not yet submit a binding offer to conclude a purchase contract. The contract between you and NextGen Beauty GmbH shall only be concluded after receipt of your contract declaration by NextGen Beauty GmbH through a declaration of acceptance by NextGen Beauty GmbH. This shall take place either by sending the goods or by sending a confirmation of dispatch by email, whereby the earlier event shall be decisive. The confirmation of receipt of your order does not constitute a declaration of acceptance.
(c) Help with your order
If you have any difficulty placing your order via the Online Shop, please contact our Customer Service (see clause 8) who will assist you in placing your order.
(d) Further regulations
These General Terms and Conditions are available in English. The contract may be concluded in English. The text of the contract (order data and terms and conditions of sale) is not stored by NextGen Beauty. However, it will be sent to you by email. You can also call up our General Terms and Conditions of Sale in the online shop at any time and print them out via your Internet browser or save them on your computer.
3 Prices and terms of payment
All prices include the statutory value added tax. Any shipping costs incurred will be displayed before you place your order. Delivery is free of charge from an order value of EUR 40.00.
(b) Payment option(s)
The customer will be informed of the payment option(s) in the seller's online shop.
(c) Payment methods
NextGen Beauty GmbH reserves the right not to offer certain methods of payment in individual cases. In principle, the following methods of payment shall be available in accordance with the terms of payment specified in this section 3:
(bb) Payment via PayPal invoice (tbc by legal)
If the payment method "PayPal Invoice" is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless they are given a different payment deadline by PayPal. In this case, they can only make payment to PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
(cc) Payment via PayPal Direct Debit (TBC by legal)
If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if they are responsible for this.
(d) Default in payment
In the event of default in payment, we reserve the right to charge interest on arrears in accordance with the statutory provisions (currently five percentage points per annum above the base interest rate). Further legal rights remain unaffected.
(e) Retention of title: The delivered products shall remain the property of NextGen Beauty GmbH until full payment has been made.
With your order, you agree to the electronic transmission of the invoice for your order.
(4) Terms of delivery
Unless otherwise agreed, delivery shall be made to the delivery address provided by you. During the ordering process you will be informed about the availability of the individual products (e.g., on the respective product detail page). Unless otherwise stated in the online shop, the delivery period is approx. 3-5 working days. The delivery period is calculated from the transmission of our shipping confirmation.
We would like to point out that all information on availability, dispatch or delivery of a product is merely anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. If NextGen Beauty GmbH discovers during the processing of your order that products ordered by you are not available, you will be informed separately via email. Legal claims shall remain unaffected by this.
NextGen Beauty GmbH reserves the right to limit the order and delivery of certain goods to a quantity customary in the household. At the latest when adding a quantity of goods exceeding this limit to the shopping basket, you will receive a notice of the item-specific quantity limit.
If a delivery to you is not possible, for example because delivery to the delivery address you have given is not possible, although you have been given reasonable notice of the delivery date, or because you have given an incorrect delivery address, you will bear the costs of the unsuccessful delivery.
Please note that delivery can only be made to natural persons in the Federal Republic of Germany.
5. Prohibition of commercial resale
(a) Private use and prohibition of commercial resale
The products are sold exclusively for private use; any commercial resale of the products is strictly prohibited. The commercial resale of your customer account is also prohibited.
(b) Sanctions for commercial resale
In the event of one or more violations of the provision in section 5 (a) of these GTC, NextGen Beauty GmbH reserves the right to block or delete your customer account.
6 Right of revocation
(a) Consumers are generally entitled to a right of revocation.
(b) More detailed information on the right of revocation can be found in the seller's revocation instructions.
(c) The right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
7 Warranty for products sold by NextGen Beauty GmbH
You shall be entitled to the statutory warranty claims for all defects of the purchased item occurring during the statutory warranty period. Insofar as NextGen Beauty GmbH grants you a seller's warranty, the details shall result from the warranty conditions attached to the respective delivered item. Insofar as a guaranteed promise is granted to you within the scope of a registration with NextGen Beauty GmbH, you will be informed of the guaranteed conditions within the scope of the registration. Your statutory claims and rights shall exist without prejudice to warranty claims under any seller's warranty.
If the supplementary performance has been affected by way of a replacement delivery, you shall be obliged to return the goods first delivered within 30 days at the expense of NextGen Beauty GmbH to our customer service (see section 8 below) or to another address specified by the customer service. The return of the defective goods shall be made in accordance with the statutory provisions. NextGen Beauty GmbH may also decide to have the goods collected from you at the expense of NextGen Beauty GmbH.
8 NextGen Beauty GmbH customer service
Please address any questions regarding our service and the delivered products to:
NextGen Beauty GmbH
Am Limespark 2,
Monday to Friday 09:00 to 17:00 hrs. (better: 9 am to 5 pm)
9. Data protection
NextGen Beauty GmbH collects personal data from you in the course of processing the agreements concluded with you. You can find our data protection regulations here.
10 Limitation of liability
NextGen Beauty GmbH shall be liable without limitation insofar as the cause of damage is based on an intentional or grossly negligent breach of duty by NextGen Beauty GmbH or a legal representative or vicarious agent of NextGen Beauty GmbH.
Furthermore, NextGen Beauty GmbH shall be liable for the slightly negligent breach of material contractual obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and on the compliance with which you regularly rely. In this case, however, NextGen Beauty GmbH shall only be liable for the foreseeable damage typical for the contract. NextGen Beauty GmbH shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, body, and health, in the event of the assumption of a guarantee and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
Insofar as the liability of NextGen Beauty GmbH is excluded or limited, this shall also apply to the personal liability of employees, legal representatives, and organs as well as vicarious agents of NextGen Beauty GmbH.
11 Final provisions
(a) Complaints/dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution proceedings before a consumer arbitration board. You are also welcomed to contact us at firstname.lastname@example.org.
(b) Applicable law
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).