1. Scope of application
The devices of the SHR Germany Onlineshop GmbH are manufactured, so that entrepreneurs can treat their customers within the cosmetic field. The online store addresses itself before this background only to commercial buyers/entrepreneurs. For all orders via our online store "shr-germany-onlineshop.de" the following general terms and conditions apply.
2. Contracting party, customer service
The following general terms and conditions apply to all contracts between SHR Germany Onlineshop GmbH, Hans-Sachs-Str. 17, 40721 Hilden - hereinafter referred to as the supplier - and the customer, which are concluded via the supplier's website shr-germany-onlineshop.de. Unless otherwise agreed, the inclusion of the customer's own general terms and conditions is contradicted. Verbal agreements, assignments as well as orders must be in written form.
Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
You will find further information about us in the legal disclosure. You reach our customer service for questions, complaints, and objections Mo-Fr 09:00-18:00 under the phone number 49 (0) 2103-9637775.
3. Conclusion of contract
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by E-mail.
The condition for an effective conclusion of the contract is always that the ordering process is completed when the order is sent.
4. Prices and shipping costs
The prices quoted in the respective offers as well as the shipping costs represent final prices. They contain all price components including all applicable taxes.
If the delivery is made to a non-EU country, further duties, taxes, or fees may have to be paid by the customer, not to the supplier, but to the responsible customs or tax authorities. It is recommended that the customer inquire about the details with the customs or tax authorities before ordering.
Shipping costs are added to the product prices listed. You can find out more about the amount of the shipping costs on the page "Shipping Costs".
The customer will receive an invoice with value added tax.
5. Right of withdrawal
A. Distinction between entrepreneurs (commercial buyers) and consumers
The SHR Germany Onlineshop GmbH distinguishes between entrepreneurs and consumers.
For entrepreneurs (commercial buyers) there is no right of withdrawal.
B. Consumers have the following right of withdrawal
1. Consumers are generally entitled to a right of withdrawal on conclusion of a distance selling transaction.
2. The right of withdrawal in the sense of § 355 ff BGB shall only apply if a law grants a consumer a right of withdrawal in accordance with § 355 BGB. This is the case for doorstep selling (§ 312 BGB), distance contracts (§ 312 d BGB), consumer loan agreements (§ 495 BGB) and FernUSG.
3. The right of withdrawal does not apply to contracts concluded with a consumer at our in-house exhibition and on our business premises. In contrast to the distance selling business, the consumer has the possibility before conclusion of the contract to view the goods under consideration in the shop (in-house exhibition) of SHR Germany Onlineshop GmbH or even to examine them more closely for their functionality and other properties.
4. The right of withdrawal does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature (§ 312g para. 2 No. 1 BGB). The customer specification or configuration cannot be reversed with reasonable effort.
5. As a consumer within the meaning of § 355 BGB, you may cancel your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods have been delivered to you before expiry of the period - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation must be addressed to:
-The seller from the written contract
SHR Germany Onlineshop GmbH
Fax: 02103 / 936 7775
Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received services and benefits (e.g. advantages of use) in whole or in part or only in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods, you must only pay compensation if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. The term "testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop.
Items that can be sent as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
The right of withdrawal does not apply to distance contracts for the delivery of:
Goods which are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their condition or which can spoil quickly or whose expiry date would be exceeded.
For the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature.
Audio or video recordings or of software (in particular in the case of DVDs or software carriers), if the delivered data carriers have been unsealed by the consumer.
Contractual reservation of withdrawal:
If the customers are registered with SCHUFA on the basis of outstanding debts, the company reserves the right to cancel the concluded contract if the seller suspects that the instalment payment will not be carried out or if the customer does not provide the second guarantor required to secure the debt. This also applies if the customer has received the order confirmation issued and handed over by the seller.
- End of the right of withdrawal -
6. Terms of payment and shipping
The payment is available by prepayment, cash on delivery, PayPal, instant bank transfer.
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
You pay the invoice amount via the online provider Paypal. You have to be registered there or register first, legitimize with your access data and confirm the payment order to us (exception may be guest access). You will receive further instructions during the ordering process.
• Instant bank transfer
You pay the invoice amount via the online provider Sofortüberweisung. There you must identify yourself with your online banking data and confirm the payment order to us. You will receive further instructions during the ordering process.
Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
We only deliver to commercial customers/entrepreneurs, whereby delivery and shipment is at your own risk. Any transport damages are to be claimed against the shipping company or carrier.
7. Right of retention, retention of title
The customer may only exercise a right of retention if it concerns claims from the same contractual relationship.
The goods remain the property of the supplier until the purchase price has been paid in full. In addition, applies supplementing:
1. The supplier reserves the right of ownership of the goods until the complete settlement of all claims from the current business relationship. Before transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
2. The customer can only resell the goods in the ordinary course of business after complete settlement of all claims from the current business relationship.
3. In the case of combination and mixing of the reserved goods, the supplier acquires co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
The legal regulations for sales contracts between entrepreneurs apply.
1. Only the supplier's own specifications and the manufacturer's product description are deemed to be agreed on as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
2. The customer is obligated to examine the commodity immediately and with the necessary care for quality and quantity deviations to indicate obvious lack within 7 days starting from receipt of the commodity to the supplier in writing, for period keeping the punctual sending off is sufficient. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the duty of examination and notification of defects, the assertion of warranty claims is excluded.
3. In the case of defects, the supplier provides warranty at his discretion by repair or replacement. If the remedy of defects fails twice, the customer can demand a reduction in price or withdraw from the contract at his discretion. In the case of the rework the supplier does not have to carry the increased costs, which result from the transport of the commodity to another place than the place of delivery, if the transport does not correspond to the intended use of the commodity.
4. The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages to life, body or health attributable to the supplier and damages caused by gross negligence or wilful or fraudulent intent of the supplier, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
In each case, the supplier is liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the condition of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
If essential contractual obligations are affected, the liability of the supplier is limited to the contract-typical, foreseeable damage in case of slight negligence. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the supplier according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
The seller points out that the customer must inform himself independently about the legal situation in his catchment area, as well as the necessary requirements for application of the product. The seller is not liable in case of illegal use by the customer, for example in case of prohibition issued by an authority.
In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, the supplier is liable neither for the constant nor uninterrupted availability of the website and the services offered there.
10. Contract text storage
We save the text of the contract and send you the order data and our general terms and conditions by E-mail. You can view and download the GTC here on this page at any time. You can view your past orders in our customer login.
11. Contract language
The languages available for the conclusion of the contract are German and English.
12. Choice of law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
13. Place of performance and jurisdiction
For all mutual claims of the contractual partners, Düsseldorf is agreed as the place of performance and jurisdiction.
14. Note according to battery law
Since our shipments may contain batteries and rechargeable batteries, we are obliged by the Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries may not be disposed of in household waste, but you are legally obliged to return used batteries and rechargeable batteries. Used batteries can contain harmful substances that can harm the environment or your health if not stored or disposed of properly. But batteries also contain important raw materials such as iron, zinc, manganese, or nickel and can be recycled. After use, you can either return the batteries to us or return them free of charge in the immediate vicinity (e.g. in the retail trade or at municipal collection points or in our dispatch warehouse).
The delivery to sales points is limited to the usual quantities for end users and to used batteries that the distributor has or has had in his assortment as new batteries.
The sign with the crossed-out wheeled garbage can means that you may not dispose of batteries and accumulators in household waste. Below this sign you will find additional symbols with the following meaning:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: battery contains mercury
Status of the GTC: 11.12.2019