DEYNIQUE COSMETICS GmbH
Postfach 12 91, D-56451 Westerburg, Germany, Phone: +49 2663 2909-0, Fax: +49 2663 2909-29, email@example.com, www.deynique.de
Registered offices of the company: Westerburg, Registration Court: Local Court in Montabaur HRB 3348, Managing Directors: Marlies Hartmann-Lamboy, Jasmin Hartmann, Tobias Hartmann
The following General Terms and Conditions, as amended on the order date, exclusively apply to
the business relationship between us and the Buyer. We do not accept deviating terms of the
Buyer, unless we expressly provided our consent in writing to the applicability of the Buyer's
terms. Verbal arrangements require the written form to be effective. We are not liable for
obvious mistakes, typos, printing or calculation errors.
Note: Our General Terms and Conditions stated below apply to all of our products (i.e. cosmetics,
cosmetic devices, furnishings and treatment equipment) and services.
All quantities stated in the purchase orders of the Buyer are based on information provided by the Buyer.
The purchase price is the price provided by us or, if this is not the case in individual cases, the
applicable price on the order date according to our price list. Price changes are permissible if the
period between the conclusion of the agreement and the contractual delivery date exceeds three
(3) months. All prices are plus applicable statutory VAT.
The minimum purchase order value is € 100.-, small quantity surcharge is € 25.-. Purchase orders
for goods with a net value of € 230.- or more (without VAT) are delivered carriage-paid.
We invoice proportionate postage, packaging and shipment cost, however, at least € 8.-, for
purchase orders for goods with a net value of less than € 230.-. In the event direct debit orders are
not performed or cheques are not cashed due to lack of funds from the Buyers bank account,
the Buyer is obliged to compensate us for any costs arising from such reverse posting of a
payment transaction by banks, savings banks or other financial institutions.
4. Payment and Set Off
In the case of cash on delivery a cash discount of 2% and in the case of bank collection a cash
discount of 4% applies, provided no prior invoice is outstanding and other payment terms have not
been agreed between the Buyer and us. Receipt of payment by us or on our bank account is decisive.
Advertising printed materials and seminar fees are excepted from cash discounts.
We are entitled to charge default interest at a rate of 5% above the base interest rate, if the Buyer is
in arrears. If the Buyer is a businessman, the applicable default interest rate is 8% above the base
der (Verzugs-)interest rate. We are authorised to charge a late fee of € 10.00 for each reminder.
If after the conclusion of the agreement, the Buyer's financial position materially deteriorates such
that our claim to the payment of the purchase price is in jeopardy, we may, if we are obliged to
provide advance performance, refuse performance until we have received payment of the purchase
price in full or adequate security has been provided. If after the expiry of a reasonable period, the
Buyer is not willing to perform against performance or to provide security, we are entitled to withdraw
from the agreement. The Buyer is only permitted to set off against its counter-claims, if we recognise
such counter-claims as valid and due or such counter-claims are recognized by declaratory judgment.
The Buyer may only exercise a right of retention, if the Buyer's counter-claim arises from the same agreement.
5. Obligations to Deliver
We are only obliged to deliver, if the Buyer operates a cosmetic institute and furnishes documentation
of its professional qualification to operate a cosmetic institute and the Buyer participates twice a year
in our seminars. The reason for this is, on the one hand, to ensure proper application of our products
and treatments for the respective consumers and, on the other hand, to update the Buyer's
knowledge regarding the active substances and effects of our products so that the Buyer is in a
position to provide the consumers with accurate and professional advice.
6. Acceptance of the Delivered Products
If the Buyer refuses acceptance after the expiry of a set grace period or expressly declares to refuse
acceptance, we may withdraw from the agreement and demand compensation. We are entitled to
demand compensation at a flat rate of 25% of the order value. In this case, the Buyer may furnish
proof that we did not suffer any losses or only a significant smaller loss.
7. Passing of the Risk
Based on our obligation to deliver, the Buyer's respective permanent establishment is the place of
performance. All products are shipped at the request of the Buyer. We are authorised to select the
shipment route and means of transportation, unless agreed otherwise with the Buyer.
All products are shipped at the Buyer’s risk.
If the Buyer causes a delay of shipment,
the risk passes to the Buyer with the receipt of readiness for shipment notification.
8. Reservation of Title
Delivered goods remain our property (goods subject to reservation of title) until the price has been paid in full (in the case of cheques, until the cheques are honoured without any reservations).
9. Notice of Defects, Warranty
The Buyer is obliged to promptly inspect the delivered goods upon receipt applying the
reasonable care under the given circumstances and to give written notice of any identified defects.
If the Buyer detects a hidden defect at a later point in time,
the Buyer is obliged to give written notice of such defect without undue delay.
If the Buyer fails to give notice of defect, the delivery is deemed accepted.
If we are responsible for the defect, we are, at our option, entitled to remedy of defect or replacement
delivery. Damages caused by improper handling are not covered by our warranty obligation. The
warranty obligation applies for a period of one (1) year from the date the risk passes to the Buyer
faultiness of individual goods, warranty does not extend to an assortment, equipment or a system.
Otherwise, warranty is subject to the statutory provisions of the German Civil Code [BGB], as well as
our complaint policy, according to which the Buyer is obliged to complete a complaint form. Return of
goods must be agreed in advance.
10. Company Logo and Brands
Advertisements containing our company logo may only be placed with our prior consent.
Brands associated with our products may only be used for advertising purposes with our prior consent.
11. Sales Channel
Our products may only be sold to consumers who have undergone a skin analysis and who received
individual advise on the effectiveness and proper application of the products. This provision is to
ensure that, on the one hand, consumers only receive products / treatments that match their
respective skin type and condition and, on the other hand, negative skin reactions are avoided. Sale
to resellers is not permitted due to the reason stated in Section 5.
Our products may only be sold and distributed using own or third party online shops with our prior
written consent. If the Buyer operates an online shop in addition to its cosmetics institute, such online
shop may only be available to consumers who underwent a skin analysis and received individual
advise on the effectiveness and proper application of the products. The sale of salon treatment
products and samples is not permitted.
In addition, active sale and distribution of our products is only permitted within Germany.
The online shop must be appealing and of top quality. This includes that the products are depicted and
presented according to our top brand image. In addition, the Buyer must ensure fast page loading,
easy navigation, a secure payment system, as well as swift delivery of the ordered products. If the
Buyer carries other products in addition to our products, the Buyer is obliged to ensure a clear
separation between our products and such third party products. Sale of our products using Internet
auction platforms such as ebay do not meet the aforementioned principles and, for this reason, is not
permitted. Furthermore, the Buyer is not permitted to use a derogatory domain name for its online shop.
In addition, any advertising on the Internet to promote our products / treatments requires our prior
review and written approval. The purpose of this provision is to ensure compliance with the rules and
regulations under competition law.
The use of our proprietary photos, scenic images and posters is not permitted for copyright reasons
and, for this reason, requires our prior written consent.
13. Data Protection
Your personal data is generally treated with confidentiality and exclusively used and processed within
the scope of the applicable data protection laws.
14. Place of Performance, Place of Jurisdiction
Place of performance and place of jurisdiction: D-56457 Westerburg
We do not assume any liability for typographical errors.