General Terms of Business

The following General Terms and Conditions of Business of CUTIFEM COSMETICS GMBH, Friedrichstraße 171, 10117 Berlin, Germany, phone: +49 30 21459-450, fax: +49 30 21459-453, e-mail: bestell-service@cutifem-cosmetics.de (hereinafter referred to as “CUTIFEM COSMETICS”), shall apply in the version valid at the time of placing the order and to any and all orders placed via the homepage of CUTIFEM COSMETICS. These General Terms and Conditions of Business represent the entire terms and conditions of business. No ancillary verbal agreements have been made. This text can be downloaded onto the Buyer’s computer or printed out from the homepage of CUTIFEM COSMETICS (http://www.cutifem-cosmetics.de).

(1) Any details and/or specifications supplied by CUTIFEM COSMETICS on goods and prices merely constitute an invitation to submit an offer. By clicking the [BUY NOW] button to place an order, the Buyer is making a binding offer. A purchase agreement between the Buyer and CUTIFEM COSMETICS shall only be established upon the acceptance of the Buyer’s offer by CUTIFEM COSMETICS by means of a separate e-mail or by remittance of the ordered goods to the Buyer within 14 days of the date of order.

(2) Goods sold via the homepage of CUTIFEM COSMETICS are for the private use by end consumers only and their sale shall be limited to household quantities. CUTIFEM COSMETICS shall therefore be entitled to limit any order amounts that obviously exceed normal household quantities, even after acceptance of such order. In such case, the Buyer will be informed thereof by e-mail without delay.

(1) Where it is obvious that goods are ordered for resale and not for private use, CUTIFEM COSMETICS shall have the right to withdraw from the purchase agreement.

(2) In the event that the supplier of CUTIFEM COSMETICS fails to supply CUTIFEM COSMETICS with the goods ordered by the Buyer despite being contractually obliged to do so, CUTIFEM COSMETICS shall have the right to withdraw from the agreement on condition that CUTIFEM COSMETICS is not responsible for the non-delivery of the goods by its supplier. In such case, CUTIFEM COSMETICS will inform the Buyer by e-mail that the ordered goods are not available and refund any payments already made without delay.

(3) In case of a withdrawal, the provisions of § 346 et seq. BGB (Bürgerliches Gesetzbuch - German Civil Code) shall apply.

(1) CUTIFEM COSMETICS only ships to addresses within Germany, the European Union and Switzerland, i.e.:

1. Belgium
2. Bulgaria
3. Denmark
4. Germany
5. Estonia
6. Finland
7. France
8. Greece
9. Ireland
10. Italy
11. Croatia
12. Latvia
13. Lithuania
14. Luxembourg
15. Malta
16. Netherlands
17. Austria
18. Poland
19. Portugal
20. Romania
21. Sweden
22. Switzerland
23. Slovakia
24. Slovenia
25. Spain
26. Czech Republic
27. Hungary
28. United Kingdom
29. Republic of Cyprus

(2) Deliveries are made from our distribution centre to the delivery address provided by the Buyer. Delivery shall be free of charge for purchase orders of a value of EUR 75.00 or above. For purchase orders of less than this amount, CUTIFEM COSMETICS shall charge EUR 6.00 for deliveries within Germany and EUR 10.00 for deliveries to all other countries. When using the cash on delivery service (COD) offered within Germany, the Buyer shall thereby incur no extra costs in addition to any possible delivery charges. The cash on delivery service charge shall be borne by CUTIFEM COSMETICS.

(3) CUTIFEM COSMETICS shall be entitled to deliver the goods ordered by the Buyer by means of several, separate consignments. In such case, CUTIFEM COSMETICS shall bear any additional shipping costs arising therefrom.

(4) In case of payment using the cash on delivery service (§ 5 Article 3) within Germany, CUTIFEM COSMETICS shall effect delivery as soon as possible after receipt of the order placed by the Buyer and CUTIFEM COSMETICS’s acceptance thereof; approx. within 2-3 business days. In the case of payment by credit card, SOFORTÜBERWEISUNG, PayPal or prepayment (§ 5 Article 3), the ordered goods shall be dispatched as soon as payment has been received into the account of CUTIFEM COSMETICS, following which delivery of the ordered goods shall be made within approx. 2-3 business days in case of shipments to Germany and within approx. 8-10 business days in case of delivery to other countries of the European Union or to Switzerland.

(1) All prices and any potential delivery charges are displayed in EURO and must be settled in EURO. The purchase price does not include any potential delivery charges. If delivery charges apply (§ 4 Article 2), they are to be borne by the Buyer.

(2) All product prices shown are total prices including all price components (e.g. German value added tax (VAT) in the applicable amount - currently 19%). For deliveries to Switzerland, additional customs duties and taxes may be payable on the total price; these shall be borne by the Buyer.

(3)The following methods and options of payment are available to the Buyer:

a) Prepayment (i.e. bank transfer of the purchase price plus any applicable delivery charges to the account of CUTIFEM COSMETICS before delivery of the goods).
b) Cash on delivery (only for deliveries to Germany).
c) Credit card (Eurocard/Mastercard, VISA, American Express).
d) SOFORTÜBERWEISUNG (Instant Bank Transfer – registration-free payment system with data protection certified by the German Technical Control Board (TÜV). SOFORTÜBERWEISUNG is available only for orders from Germany, Switzerland and certain countries within the European Union).
e) PayPal: PayPal members may effect payment via PayPal’s website.

(4) In the event of prepayment, the invoiced amount shall be due within 10 days from the acceptance of the order by CUTIFEM COSMETICS by means of an express order confirmation. In case of payment by credit card, the Buyer’s account shall be charged directly after acceptance of the Buyer’s order by CUTIFEM COSMETICS. When using the cash on delivery service, the amount invoiced shall be payable to CUTIFEM COSMETICS’ shipping agent upon delivery of the goods. In case of payment by SOFORTÜBERWEISUNG the Buyer’s bank account shall be charged directly after acceptance of the order by CUTIFEM COSMETICS. When paying via PayPal, the Buyer’s PayPal account shall be charged directly after acceptance of the order by CUTIFEM COSMETICS.

CUTIFEM COSMETICS shall retain title to the goods delivered until payment for all sums due has been received.

Product images may not always match the appearance of the goods as delivered. In particular, the appearance and specification of the goods may be subject to changes following product range updates. Warranty claims shall not be entertained if the Buyer may be reasonably expected to accept such changes. Furthermore, the German statutory regulations shall apply.

(1) Liability for damages shall be excluded insofar as the damage is not the result of wilful intent or gross negligence; this shall not apply in cases of damage to life, body or health, or in the event of culpable breaches of material contractual obligations, i.e. obligations, whose fulfilment is a precondition for the due and proper performance of the agreement and the compliance with which may normally be relied on by the Buyer (so-called cardinal obligations).

(2) In the event of a breach of material contractual obligations that does not result from wilful intent or gross negligence and due to which neither life, nor body or health were damaged, liability shall be limited to the damage that the liable party has foreseen at the time of contracting to be a potential consequence of a breach of contract or which it ought to have foreseen under consideration of the circumstances of which it knew or ought to have known.

(3) The restrictions under Article 1 and 2 shall also apply in favour of CUTIFEM COSMETICS’ legal representatives and vicarious agents in the event that any claims are asserted directly against these.

(4) The provisions of the German product liability law (Produkthaftungsgesetz) remain unaffected.

By registering as a customer, you as the user/our customer agree that the personal details (name, address, e-mail, telephone number) you stated together with your user name and password (usage data) during the ordering process or the registration as our customer on the CUTIFEM COSMETICS website are stored beyond the processing of your order.

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Any complaints shall be made to the address provided under § 1.

In the CUTIFEM COSMETICS GMBH online shop you can select products of your choice and add them to your shopping cart by clicking on the button [ADD TO CART] on the item’s product information page; by doing so you do not enter into any binding agreement. You can review the contents of your shopping cart by clicking on the link [SHOPPING BAG]. Here, you have the opportunity to change the number of the products you have already chosen by clicking the button [UPDATE SHOPPING CART]; the content will be then recalculated. You can delete the chosen product from your shopping cart by clicking [REMOVE ITEM] or delete the entire shopping cart by clicking the button [CLEAR SHOPPING CART]. To continue your order, click on [PROCEED TO CHECKOUT].

On the next page you can choose to continue ordering as a guest without registration, you can create a customer account by registering yourself or you can login as a registered customer. You will be asked to enter your personal data and your chosen method of payment on the following pages. Obligatory fields are marked by an asterisk (*). You can then proceed with your order by clicking the button [CONTINUE]. You have the opportunity to review your details. If necessary you may change individual details provided by clicking on the button [BACK] or, depending on the corresponding step within the ordering process, by clicking [EDIT] or [CHANGE] and then by clicking directly into the line you wish to change. You can then delete the line you selected using your keyboard and change your details as required. If you wish to change the products you selected once again, click [SHOPPING CART] and select the items of your choice again. The ordering process may be cancelled at any time by closing the browser window.

If your data is correct you may complete your transaction by clicking on the button [PLACE ORDER]. By doing so, you enter into a legally binding offer. The ordering process is thus completed.

The CUTIFEM COSMETICS web pages as well as all images, graphics, texts and other elements are protected under copyright law. Any reproduction of the website in whole or in part shall require prior written consent by CUTIFEM COSMETICS.

All information and data provided on the web pages of CUTIFEM COSMETICS is researched carefully. However, CUTIFEM COSMETICS shall refrain from assuming legal responsibility for the information and data displayed to be accurate, up-to-date and complete. CUTIFEM COSMETICS strives to present up-to-date and correct data at all times on its website.

CUTIFEM COSMETICS shall undertake no responsibility for the content of internet pages to which hyperlinks on the web pages of CUTIFEM COSMETICS refer. CUTIFEM COSMETICS shall not endorse the aforesaid content. In the event of such third-party content being illegal, we request users to notify us accordingly, stating reasons – if possible. If a complaint is found to be justified, CUTIFEM COSMETICS shall remove the link to third-party internet pages without delay.

CUTIFEM COSMETICS shall undertake no responsibility for material or non-pecuniary damage sustained as a result of using the information and data contained on the web pages and of using the CUTIFEM COSMETICS web pages.

The trademarks and brand labels on the web pages of CUTIFEM COSMETICS are legally protected by their respective owners. Trademarks and brand labels belonging to third parties or enterprises that are displayed on the web pages of CUTIFEM COSMETICS are reproduced in recognition of the rights of their respective owner.