Conditions
The company Dennis Grischek, Grazbachgasse 30, A-8010 Graz, operator of the website kosmetikstudio.de, is hereinafter referred to as the shop operator.
The following general terms and conditions of business and delivery apply to all orders:
§ 1 Delivery and Services
All deliveries and services based on online orders via the Internet are subject to these General Terms and Conditions. Deviating and/or supplementary agreements require the express consent of the shop operator. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the order button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of the order is sent together with acceptance of the order immediately after it has been sent by an automated email. The purchase contract is concluded with this email confirmation. Deliveries are only possible to delivery addresses in Austria, Germany and some EU countries.
§ 2 Online orders
The shop operator will process and ship incoming online orders immediately.
§ 3 Transportation
Transport damage: If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible. Failure to complain or contact us has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting its claims against the company commissioned to deliver the goods or the insurance company.
The email address provided by the customer when placing the order will be communicated to the transport company, the Austrian Post and GLS, when the package is handed over in order to ensure that the delivery adds value for the customer. The Austrian Post and GLS will inform the customer about the package status and delivery using the email address, whereby the customer can subsequently change the delivery address and delivery time.
§ 4. Invoicing and payments
Invoices are due immediately and payable without any deductions, unless different payment terms have been agreed. Open invoices are due for payment within 14 days. From the 30th day after the invoice date, the shop operator is entitled to demand default interest of 3% above the respective discount rate of the Austrian Federal Bank. Set-off is only permitted with undisputed or legally established claims. The customer can only assert a right of retention if it is based on the same contractual relationship. Net invoices without VAT can only be issued for deliveries to other EU countries if a valid VAT ID number is provided.
§ 5 Liability for defects / complaints
1) The statutory liability rights for defects remain in place.
2) Consumers are requested to check the goods upon delivery for completeness, obvious defects and transport damage and to inform the shop operator as soon as possible. If the customer fails to do so, this will have no effect on their statutory warranty claims.
§ 6. Object of purchase and ownership
The purchased item remains the property of the shop operator until full payment has been made. The retention of title also remains in effect for all claims against the buyer in connection with the purchased item, e.g. due to repairs and other services, subsequently acquired. During the period of retention of title, the buyer is entitled to possession and contractual use of the purchased item as long as he meets his obligations under the retention of title and his obligations under the business relationship on time. The customer is obliged to provide the operator with all information required in the context of pursuing rights arising from the agreed retention of title.
§ 7 Non-acceptance of the goods
Goods that have been ordered and not picked up entitle the shop operator to terminate the contract. The purchaser accepts the general terms and conditions of order by submitting the order.
§ 8 Return
(1) You can withdraw from the contract for any order by returning the goods to Dennis Grischek eU within 14 days of receipt (the period begins on the day after receipt of the goods) and specifically to this address:
Dennis Grischek eU
Grazbachgasse 30
8010 Graz
Austria
The prerequisite is that you return the goods to us in their original condition, i.e. complete, undamaged and in their original packaging.
According to § 18 FAGG, the customer has no right of cancellation / withdrawal in the case of:
1. Goods that are made to customer specifications or are clearly tailored to personal needs;
2. Goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;
3. Goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
4. Goods which, after delivery, have been inseparably mixed with other goods due to their nature.
(2) The refund will be made using the original payment method used. If this is not possible, we will contact you to transfer the amount to your account.
§ 9 Final provisions
The invalidity of individual points of these General Terms and Conditions of Business does not affect the validity of the remaining provisions. The invalid provision will be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision.
All sales prices are stated in EURO including VAT. Errors in product descriptions and product availability are reserved.
§ 10 Cost-bearing agreement
If you exercise your right of cancellation, you will have to bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you.
In cooperation with Klarna AB we offer the following payment options.
General Terms and Conditions / Privacy Policy for purchase on account with BillPay - a Klarna Group Company
(Switzerland – as of 6 September 2018)
I have read the following general terms and conditions and data protection provisions of BillPay GmbH, registered office Zinnowitzer Straße 1 D-10115 Berlin (BillPay). I consent to the use of my personal data in accordance with these data protection provisions.
General terms and conditions for purchase on account with BillPay
BillPay offers the payment method "purchase on account" (purchase on account) for customers of the online shop or its operator (retailer) as an external service provider. Purchase on account is only available to consumers aged 18 and over. Please note that when purchasing on account, the delivery address, residential address and billing address must be identical.
The purchase contract for the goods is concluded exclusively between you and the dealer. The processing of the purchase contract is governed by the dealer's contractual terms and conditions. In particular, the dealer remains responsible for general customer inquiries (e.g. regarding goods, delivery times, shipping), returns, complaints, revocations and claims as well as credit notes.
After the purchase agreement has been concluded, Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm Sweden, initially takes over the merchant's invoice claim and then transfers it to BillPay. BillPay is responsible for the payment modalities in connection with the processing of the purchase agreement. The amount invoiced to you by the merchant must be paid to the BillPay account specified in the invoice by the due date stated on the invoice form at the latest."
If you fail to meet your payment obligation, you will be in default without further notice after the payment deadline has expired and will have to pay interest on arrears of 8%. BillPay is entitled to charge a reminder fee of up to CHF 30 per payment reminder as well as other fees, in particular the costs of any debt collection proceedings. Furthermore, BillPay may refuse to process the payment terms of purchase contracts in the future, including in relation to other retailers.
You will not receive a payment slip from BillPay by post. If you want to make your payment at the post office counter, please fill out a red blank payment slip, which are available free of charge at all post offices. Any postal charges incurred when making a payment at the post office counter will be passed on to you.
In the "My BillPay" customer portal (hereinafter: "customer portal") you will receive an overview of the orders that you have placed in the shop of an online retailer using the "purchase on account" payment method offered by BillPay GmbH. All outstanding payments as well as all payments already completed for each order placed are displayed. The information for each order from the respective online retailer includes: order number and date, article name and number, shipping status, selected payment method, payment due date and status, amount due and, if applicable, service fees. Under the "My account" function, you can view your first and last name as well as your email address and change your password.
The customer portal can be used by natural persons who are 18 years or older and have already placed an order in an online shop using the “purchase on account” payment method offered by BillPay. When registering for the first time, the email address and order number used for the respective order from the online retailer must be entered. The user receives a confirmation email and then selects a password once, which is used together with the email address from the order for further registrations. The user sees all orders placed with all email addresses. The access data may not be passed on or made available to others. It is the registered user’s duty to prevent unauthorized use of this access data and to notify BillPay if he suspects that a third party has unauthorized access to his customer account. BillPay limits any guarantee, liability or warranty for possible damage to the registered user to the legal minimum. There is no legal right to use the customer portal.
A registered user can delete their customer account at any time in the customer portal under "My Account". BillPay can change, restrict or interrupt the customer portal and its functions and design at any time and to any extent. This also applies to maintenance work, further development and disruptions of any kind. In particular, BillPay does not provide any guarantee, liability or warranty for such cases or for loss of data, unless due to mandatory legal regulations. BillPay reserves the right to delete the customer account in the event of a breach of contract, infringement or misuse.
Klarna Privacy Policy
1. Consent to the use of your data
a. BillPay checks whether your request for purchase on account or installment purchase with BillPay can be met, taking into account possible risks of non-payment, or whether another payment method can be offered in consultation with the merchant. For this purpose, BillPay carries out its own identity and credit check after confirmation of the desired payment method "purchase on account".
b. By agreeing to these data protection provisions, you consent to the merchant transmitting your data (first and last name, title, street, house number, postcode, city, date of birth, telephone number, email address, personal information in each case) and the data related to your order (such as shopping cart, order history, payment history, IP address, together with the personal information also the personal data) to Klarna for the purpose of identity and credit checks in order to enable your transaction with the merchant and the purchase on account. Klarna uses the data in accordance with this and Klarna's own data protection policy. Klarna arranges the purchase on account. In addition, Klarna uses the data that was transmitted to Klarna either by the merchant or through a previous transaction with a BillPay or Klarna purchase on account in order to be able to offer you special pre-made offers in the Klarna Global Checkout. You have the option of expressly rejecting this feature if you do not wish to benefit from the pre-made offers.
c. If you choose to purchase on account, you further agree that Klarna will transmit your personal data (first and last name, title, street, house number, postcode, city, date of birth, telephone number, email address, personal information in each case) as well as the data in connection with your order (such as shopping cart, order history, payment history, IP address, together with the personal information also the personal data) to BillPay as received from the merchant, both for the purpose of identity and credit checks and to process the purchase on account. You further agree that BillPay stores and processes your data in its own database in accordance with these data protection conditions.
d. You also agree that BillPay or partner companies commissioned by BillPay may transmit your personal information to credit agencies (credit agencies) for the purpose of identity and credit checks (see above) and may receive information about you from them, as well as creditworthiness information based on mathematical and statistical procedures, the calculation of which includes address data, among other things. You also agree that BillPay or partner companies commissioned by BillPay may store your personal information in their own database and also use it for other contractual partners, provided that they have credibly demonstrated a legitimate interest in the data transmission within the meaning of the Federal Data Protection Act in the individual case.
BillPay uses the following credit agencies:
Germany:
CRIF Bürgel GmbH, Radlkoferstrasse 2,
81373 Munich, Tel.: +49 40 89803-0, Fax: -777/ 778
Creditreform Boniversum GmbH, Hellersbergstrasse 11,
D-41460 Neuss, Tel.: +49 (0)2131-109-501, Fax: -557
SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden
(Information about the data stored concerning you can be obtained from SCHUFA Holding AG, Consumer Service, PO Box 5640, 30056 Hanover)
Regis24 GmbH, Wallstrasse 58,
D-107191 Berlin, Tel.: +49 (0)30 44350-240, Fax: -249
Bisnode Deutschland GmbH, Robert-Bosch-Strasse 11,
D-64293 Darmstadt, Tel.: +49 (0)6151 380-0, Fax: -360
Austria:
CRIF GmbH, Diefenbachgasse 35/1,
A-1150 Vienna, Tel.: +43 (0)1 897 42 440, Fax: +43 (0)1 897 42 431
Bisnode Austria Holding GmbH, Geiselbergstrasse 17,
A-1110 Vienna, Tel.: +43 (0)1 58861-0, Fax: +43 (0)1 58861-3444
Switzerland:
CRIF AG, Hagenholzstrasse 81,
CH-8050 Zurich, Tel.: +41 (0)44 913 50 58
Bisnode D&B Schweiz AG, Grossmattstrasse 9,
CH-8902 Urdorf, Tel.: +41 (0)44 735 61 11, Fax: +41 (0)44 735 61 61
e. With consent to these data protection provisions and within the framework set out in the Federal Data Protection Act (DSG), BillPay and partner companies commissioned by BillPay are also entitled to store, process, use and transmit data on any non-contractual conduct (e.g. undisputed outstanding claims) to credit agencies. The credit agencies store and transmit the data to their contractual partners in the EU internal market in order to provide them with information for assessing the creditworthiness of natural persons.
f. All data transfers are carried out within the scope of what is legally permissible and taking into account your legitimate interests in the exclusion of transmission or use. You can obtain information about the data stored concerning you from the respective credit agencies as well as from BillPay.
2. Further use of your personal data / Klarna
a. BillPay is aware that the careful handling of your personal data is important to you. Therefore, beyond the purposes of identity and credit checks, your personal data will only be collected, processed, used, stored and, if necessary, transmitted for the following purposes in compliance with the relevant data protection regulations:
Processing of payments for invoice purchases or installment purchases (including dunning and debt collection procedures) as well as for the provision of customer service by the merchants connected to BillPay and/or by us
Analysis of our customers’ payment behavior (internal analysis of end customers’ payment behavior and inquiries to credit agencies), if necessary also for affiliated retailers
Analysis and data sharing for fraud prevention (use of tools to identify and block potential fraudsters)
Offering additional payment options and/or financial services through us or through our partner companies, including companies in the Klarna Group
Sending emails and letters in connection with the provision of our services to you as an end customer and your online retailer
Analysis and maintenance of our databases and customer lists
Disclosure in case of legal or regulatory obligation as well as to enforce BillPays rights and to protect other BillPays customers
b. BillPay reserves the right to transmit personal data to service providers or financial partners commissioned by BillPay for the purposes stated above or to grant them access to it, insofar as this is necessary to fulfill their tasks.
c. BillPay will not sell personal data to third parties for advertising purposes.
d. To ensure the full functionality of the website, your data (title, date of birth, telephone number and, if applicable, business form, company name, VAT number, commercial register number, bank details) are stored in your browser. If you so wish, this information will only be stored until you clear your browser's cache.
3. BillPay endeavours to process your data within the EU or the European Economic Area (EEA). In exceptional cases, data processing outside the EU or the EEA may be carried out by a company affiliated with BillPay or a partner company on behalf of BillPay. BillPay takes all necessary legal precautions to ensure that your data is processed securely and with an appropriate level of protection that is at least equivalent to the level in the EU or the EEA.
4. Use of Akamai
To improve the use of this website, BillPay uses the services of the Content Delivery Network ("CDN") of Akamai Technologies AB, Hemvärnsgatan 9, 17154 Solna, Sweden and its parent company Akamai Inc., 150 Broadway, Cambridge, 02142 MA, USA. For this purpose, the web content retrieved from BillPay's websites is controlled via Akamai's server network. As a rule, servers close to the site visitor's retrieval location are used. In exceptional cases (e.g. in the event of an attack, when pages are accessed outside the EU or when connections within the EU are overloaded), control may take place via servers outside the EU, particularly in the USA. As part of the use of the CDN, your IP address and the data about your Internet usage are processed by Akamai for technical reasons and analyzed for the purposes of fraud prevention. Contracts exist with both Akamai Technologies AB and Akamai Inc. in accordance with data protection requirements.
5. This website uses technologies from etracker GmbH (www.etracker.com) to collect and store data for marketing and optimization purposes. User profiles can be created from this data under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. The cookies enable the Internet browser to be recognized. The data collected using etracker technologies will not be used to personally identify the visitor to this website without the separate consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. The collection and storage of data can be objected to at any time with effect for the future.
6. Revocation of consent , information, correction, blocking and deletion of personal data
a. You can revoke your consent to the collection, processing, use or transmission of your personal data at any time without incurring any costs other than the transmission costs according to the basic rates. Even if you revoke your consent, BillPay remains entitled to process, use or transmit your personal data to the extent that this is necessary for the contractual processing of invoice purchases with BillPay or is legally required or is required by a court or authority.
b. Furthermore, you are entitled to receive information about the data stored by BillPay free of charge and, if necessary, to have this data corrected, blocked or deleted.
7. Company Data Protection Officer
If you have any questions regarding the collection, use, processing or transmission of your personal data or if you would like information, correction, blocking or deletion of this data, please contact the company data protection officer in writing:
External company data protection officer
Michael Schramm
c/o HK2 competition GmbH
Hausvogteiplatz 11A
D-10117 Berlin
data protection officer@billpay.de
Consumer information according to distance selling regulations
When ordering goods by email/telephone/fax or letter which does not relate to your commercial or self-employed activity, please note the following legally required information.
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Our general terms and conditions of delivery apply to shipping within Austria, Germany and some other EU countries. No shipping to other EU countries, except Switzerland.
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The stated product prices generally include the applicable VAT.
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You can choose to pay in advance, via PayPal, Klarna, credit card (Visa, MasterCard, American Express), instant bank transfer or invoice.
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The charge of your credit card account is carried out with the order is completed.
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The stated shipping information and shipping costs generally apply.
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Our general terms and conditions of delivery and consumer information must be accepted before completing the order process, otherwise an order is not possible.
The following general terms and conditions apply to all reservations for our cosmetic services:
§ 1 Cancellation or non-appearance of appointments
Your appointment is important to us and a specialist will take the time to talk to you. Keeping an appointment is therefore of fundamental importance and binding. A cancellation can have different reasons and is annoying for both parties, but we ask you to inform us within 24 hours of the agreed appointment.
We reserve the right to invoice cancellations or non-cancellations within 24 hours of the appointment and charge 80% of the booked service - excluding rescheduling within 14 days of arrival.