General Terms and Conditions of Pam Cosmetics GmbH
1. General
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") in their version valid at the time of conclusion of the contract apply to all offers, orders, deliveries and services of Pam Cosmetics GmbH, Kajen 12, 20459 Hamburg, (hereinafter referred to as "Pam Cosmetics").
1.2. By placing an order, the customer acknowledges the validity of Pam Cosmetics' current General Terms and Conditions. This also applies to any subsequent transactions, unless the customer is a consumer. Any conflicting terms and conditions of the customer are hereby rejected, even in the case of order confirmations and unconditional deliveries or services.
1.3. Notice pursuant to the EU Regulation on Online Dispute Resolution and the Consumer Dispute Resolution Act: The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr . We are neither obligated nor voluntarily willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
2. Offers, prices, order acceptance, contract texts
2.1. All prices are quoted in euros including VAT.
2.2. By placing an order after completing the ordering process, the contractual partner makes a binding purchase offer to Pam Cosmetics. The contractual partner only places the order by clicking the "Place order" button.
2.3. Subsequent changes to orders by the contractual partner must also be confirmed by Pam Cosmetics in written form.
2.4. Pam Cosmetics is entitled to accept orders from non-consumer contractual partners only partially by making deviations or reservations. If the partial acceptance of the order is unacceptable to the contractual partner, the contractual partner is obligated to inform Pam Cosmetics in writing within 3 business days of notification of the deviation or reservation. In this case, the contract is considered not to have been concluded. Otherwise, the acceptance of the order is considered approved by the contractual partner. In the case of consumer goods purchases, the statutory regulations apply.
2.5. Contract texts are written in German. Pam Cosmetics points out that it does not store contract texts and therefore they cannot be made available to the customer after an order has been placed. However, the customer will receive an order confirmation by email, which contains the details of the order as well as the terms and conditions. The customer can print or save the order confirmation using their internet browser or email program.
3. Payment terms and default
3.1. Invoices are due immediately without deduction. This also applies to partial invoices.
3.2. Unless expressly agreed otherwise in a specific case, the contractual partner is obligated to make advance payment. Pam Cosmetics offers the following payment methods: credit card (Visa, Mastercard), prepayment, PayPal, Giropay, and instant bank transfer.
3.3. In the event of late payment, all liabilities of the contractual partner to Pam Cosmetics become due immediately.
4. Shipping and delivery times
4.1. Goods are sold ex-warehouse. Unless expressly agreed otherwise, goods are shipped uninsured and at the buyer's risk. However, in the case of consumer goods purchases, the statutory regulations apply.
4.2. If Pam Cosmetics organizes the transport, the choice of transport method will be made by Pam Cosmetics at its own discretion, without assuming any liability for the cheapest and fastest transport, unless otherwise agreed in writing.
4.3. Pam Cosmetics is entitled to make reasonable partial deliveries, provided this is acceptable to the contractual partner.
5. Duty to investigate and report complaints
5.1. The contractual partner must inspect the goods immediately upon receipt and report any apparent defects to Pam Cosmetics without delay. This does not apply to consumer goods purchases.
5.2. In the event of transport damage, the contractual partner is obligated to report this to the carrier immediately upon receipt of the goods and to note it in writing on the delivery note or similar document. This does not apply to consumer goods purchases.
6. Retention of title
The goods remain the property of Pam Cosmetics until all claims arising from the business relationship with the contractual partner have been paid in full, unless the contractual partner is a consumer.
7. Right of withdrawal in consumer contracts
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can fill out and submit the support form or another clear statement for this purpose. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for testing their condition, properties, and functionality.
End of the cancellation policy
7.2. Exclusion of the right of withdrawal The right of withdrawal does not apply, among other things, to distance contracts.
a. for the supply of goods which are liable to deteriorate or expire rapidly,
b. for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
c. for the supply of goods if, after delivery, they have become inseparably mixed with other goods due to their nature,
d. in contracts with entrepreneurs.
8. Warranty, Liability for Defects
8.1. In the event of defective goods, the contractual partner is entitled to a warranty right in accordance with the following provisions.
8.2. The limitation period for liability for defects in new goods is one year and in used goods six months, in each case from the date of delivery. In contracts with consumers, the limitation period for liability for defects in new goods is two years and in used goods one year, in each case from the date of delivery. The reduction of the limitation period does not apply to injury to life, body, or health, nor to grossly negligent or intentional breaches of duty by Pam Cosmetics. The limitation period in the case of a supplier's recourse claim pursuant to Sections 478 and 479 of the German Civil Code (BGB) remains unaffected.
8.3. Pam Cosmetics is entitled to replace the goods during the warranty period. Only if the replacement delivery is not made within a reasonable time due to the fault of Pam Cosmetics, or if it ultimately fails, does the contractual partner have the right, within the framework of the statutory requirements, to rescind the contract, demand a reduction in price, or claim damages or reimbursement of expenses. A replacement delivery is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. If claims for damages or reimbursement of expenses are asserted, Pam Cosmetics' liability is limited as described in the following clause.
9. Limitation of Liability
9.1. Pam Cosmetics, its representatives, employees and agents (hereinafter collectively referred to as "Pam Cosmetics") shall be liable, regardless of the legal basis, exclusively for intent and gross negligence, unless it involves the culpable breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer as buyer regularly relies) or the breach of a warranty of quality.
9.2. Pam Cosmetics is not liable for the improper use of the products by the contractual partner.
9.3. Except in the case of culpable breach of essential contractual obligations and except in the case of gross negligence or willful breach of contract, Pam Cosmetics shall not be liable for lost profits, lost savings, indirect damages and/or consequential damages.
9.4. Except in cases of gross negligence or willful breach of contract, Pam Cosmetics' liability is limited to damages that could reasonably be foreseen at the time of conclusion of the contract.
9.5. Liability for culpable injury to life, body or health, as well as any mandatory statutory liability, remains unaffected by the aforementioned limitations of liability.
10. Opened product containers
The contractual partner is advised that by opening a sealed container containing products that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, the right of withdrawal pursuant to section 7.1 is generally excluded with regard to this product pursuant to section 7.2 c of these terms and conditions.
11. Disclaimer for external links
Pam Cosmetics provides links to other websites. Pam Cosmetics states that it has no influence on the design and content of these linked sites. Pam Cosmetics expressly distances itself from all content on all linked sites and does not endorse this content.
12. Image rights
All image rights for the images displayed on the Pam Cosmetics website belong to Pam Cosmetics or its partners. Use without the express permission of the respective copyright holders is prohibited.
13. Final Provisions
13.1. The contractual partner is hereby informed that Pam Cosmetics processes and stores personal data obtained within the scope of the business relationship in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Reference is made to Pam Cosmetics' separate privacy policy.
13.2. Without the express written consent of Pam Cosmetics, the contractual partner is not entitled to assign claims arising from the contractual relationship to third parties.
13.3. The place of performance and exclusive jurisdiction for all disputes arising from or in connection with these General Terms and Conditions or the underlying contract is the registered office of Pam Cosmetics, provided that the contractual partner is a company, a legal entity under public law or a special fund under public law.
13.4. These General Terms and Conditions and the underlying contract between Pam Cosmetics and the contractual partner are subject to German law, unless mandatory provisions of the law of the state of the consumer's habitual residence conflict with this, with the exception of the UN Convention on Contracts for the International Sale of Goods and the rules on private international law.
13.5. Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose of the invalid provision. Pam Cosmetics GmbH, Hamburg
As of July 2024