Terms of service
General Terms and Conditions and Customer Information
of
MKZK-Kosmetik GmbH
(Status 11 January 2023)
The provider of this website and contractual partner of the offers is:
MKZK-Kosmetik GmbH
Mühlenstrasse 7
40213 Düsseldorf
Germany
Phone: 0049 174-3034568
E-mail: mail@lavifolie.com
Internet:www.lavifolie.com
represented by:
Managing Director Katharina Zapp
Registered in the commercial register:
HRB 82102
Local Court Düsseldorf
A. General Terms and Conditions
§ 1 General - Scope - Customers
These General Terms and Conditions shall apply to contracts for the sale of goods between MKZK-Kosmetik GmbH and its customers via the website www.lavifolie.com in the respective version current at the time of conclusion of the contract.
All offers made by MKZK-Kosmetik GmbH via the website www.lavifolie.com are directed exclusively at consumers resident in the territory of the Federal Republic of Germany and in certain member states of the European Union. The exact delivery areas are listed in the menu item "Menu Item".
Consumers within the meaning of § 13 of the German Civil Code (BGB) are natural persons who conclude a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity. 3.
3. the sale of goods shall only be made to persons of legal age.
4. persons interested in offers of MKZK-Kosmetik GmbH, who are not consumers, are welcome to contact MKZK-Kosmetik GmbH by mail, telephone or e-mail regarding the establishment of a business relationship.
§ 2 Contract language - Storage of the contract text
1 The contract language is German.
If a customer orders the goods electronically, the text of the contract shall be stored by MKZK-Kosmetik GmbH and sent to the customer by e-mail or post upon request together with the General Terms and Conditions valid at the time of conclusion of the contract.
§ 3 Offers and conclusion of contract via the MKZK-Kosmetik GmbH website, e-mail, telephone, fax or mail
1 All offers of MKZK-Kosmetik GmbH are subject to confirmation and non-binding. A contract between MKZK-Kosmetik GmbH and the customer shall only be concluded if MKZK-Kosmetik GmbH accepts a customer's offer. In the event of typing and calculation errors as well as mistakes on the website, MKZK-Kosmetik GmbH reserves the right not to accept an order.
If a customer places an order on the MKZK-Kosmetik GmbH website via the Internet, MKZK-Kosmetik GmbH shall confirm receipt of the order without delay. This confirmation of receipt of the order does not constitute acceptance of the offer, but merely informs the customer that his order has been received by MKZK-Kosmetik GmbH. 3.
By sending an order to MKZK-Kosmetik GmbH via the MKZK-Kosmetik GmbH website or by e-mail, the customer submits an offer to conclude a purchase contract with MKZK-Kosmetik GmbH.
The acceptance of the offer and the conclusion of the contract with MKZK-Kosmetik GmbH shall be effected by means of an express declaration of acceptance by e-mail. If MKZK-Kosmetik GmbH offers the customer the option of paying for the goods via PayPal or credit card (MasterCard, VisaCard) on the website as part of the ordering process, the contract shall be concluded when the customer makes the payment.
MKZK-Kosmetik GmbH shall be entitled to accept the contract offer submitted with the order via the MKZK-Kosmetik GmbH website or by e-mail within 5 days of receipt of this offer by MKZK-Kosmetik GmbH by means of an express declaration of acceptance.
§ 4 Delivery of the goods
1. MKZK-Kosmetik GmbH shall deliver the ordered goods to the address specified by the customer in the order within three working days from the day of receipt of the customer's payment.
MKZK-Kosmetik GmbH shall be entitled to deliver several consignments of goods, provided that this is reasonable for the customer. If several consignments of goods are made, MKZK-Kosmetik GmbH shall bear the additional shipping costs. Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the customer.
As a matter of principle, MKZK-Kosmetik GmbH shall only deliver to the delivery areas listed under the menu item "Menu item".
§ 5 Terms of payment - shipping costs
1. the payment of the goods ordered by the customer shall be effected at the customer's choice by PayPal, credit card (MasterCard, VisaCard) or by advance payment (bank transfer).
All prices include the statutory value added tax in the amount provided for by law. The sales tax shall be shown separately on the invoice.
MKZK-Kosmetik GmbH shall charge the customer shipping costs in addition to the purchase price.
The amount of the shipping costs can be found on the website of MKZK-Kosmetik GmbH in the menu item "Menu Item". In addition, customers will be clearly informed of the shipping costs on the order page before submitting an order.
§ 6 Transfer of risk
1. the risk of accidental loss or accidental deterioration of the sold item shall not pass to the buyer until the item has been handed over to the buyer in the case of sale by delivery to a place other than the place of performance. 3.
3. the handover is the same if the buyer is in default of acceptance.
§ 7 Retention of title
1. the delivered goods shall remain the property of MKZK-Kosmetik GmbH until payment has been made in full.
2. the customer shall be obliged to immediately notify MKZK-Kosmetik GmbH of any seizure or other impairment of the reserved goods by third parties.
§ 8 Right of withdrawal for consumers
1 Consumers shall be entitled to the statutory right of withdrawal. MKZK-Kosmetik GmbH shall inform customers, among other things, on its website about the existence or non-existence of a right of withdrawal as well as the conditions, details of the exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal. A revocation instruction in text form that complies with the statutory requirements shall also be communicated to the customers in text form when ordering via the Internet or by e-mail at the latest upon conclusion of the contract.
Consumers must return or hand over goods to MKZK-Kosmetik GmbH without delay and in any case no later than fourteen days from the day on which consumers notify MKZK-Kosmetik GmbH of the cancellation of this contract. The deadline shall be deemed to have been met if consumers send off the goods before the end of the fourteen-day period. Consumers shall bear the direct costs of returning the goods. 3.
3. the right of revocation does not exist according to § 312g para. 2 no. 1 and no. 2 BGB in particular for distance contracts
- for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly or
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 9 Warranty - Liability - Reversal
1. the liability of MKZK-Kosmetik GmbH due to defects shall be two years from delivery of the goods.
2. the customer can demand the removal of the defect or the delivery of a defect-free item for subsequent fulfilment at his choice.
Should the subsequent performance fail, the customer may reduce the purchase price or - in case of a significant defect - withdraw from the contract.
3 MKZK-Kosmetik GmbH shall not be liable for damages that have not occurred to the goods themselves and not for other financial losses of the customer.
The limitations of liability shall not apply in the event of intent, gross negligence or simple negligence with regard to an essential contractual obligation on the part of MKZK-Kosmetik GmbH or its vicarious agents, in the event of personal injury, in the event of damage caused by the absence of a quality guaranteed by MKZK-Kosmetik GmbH and in the event of claims pursuant to §§ 1, 4 ProdHaftG. Material contractual obligations in this context are obligations of MKZK-Kosmetik GmbH, the breach of which jeopardises the purpose of the contract or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer as a contractual partner may regularly rely, for example, in the case of a purchase contract, the seller's obligation to provide the buyer with an item free of material defects.
If the limitations of liability do not apply, the statutory provisions on liability for defects shall apply. 5.
5. customers shall notify MKZK-Kosmetik GmbH in text form of obvious defects and transport damage within a period of two weeks from receipt of the goods. However, the customer shall be entitled to fully assert warranty claims even if the customer fails to report an obvious defect or transport damage.
§ 10 Final Provisions
(1) The legal relationship between the customer and MKZK-Kosmetik GmbH shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If provisions of a country in which a customer has his habitual residence provide for a protection for consumers that does not exist under German law, these provisions shall apply to the legal relationship between this customer and MKZK-Kosmetik GmbH. 2.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor do we offer to participate in such a procedure.
3. should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
B. Customer information:
1. information on the statutory right of withdrawal for consumers
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of withdrawal, you must send us
MKZK-Kosmetik GmbH
Mühlenstrasse 7
40213 Düsseldorf
Germany
Phone: 0049 174-303456
E-mail: mail@lavifolie.com
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to
MKZK-Kosmetik GmbH
Mühlenstrasse 7
40213 Düsseldorf
Germany
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Information for consumers
In accordance with § 312g para. 2 no. 1 and no. 2 BGB (German Civil Code), the right of revocation does not apply in particular to distance contracts
- for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly or
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
2. information on the essential characteristics of the goods or service
The description of the individual product provided by us on our Internet pages contains all the essential features of the goods or service.
3. information on the conclusion of the contract
If you place an order via the MKZK-Kosmetik GmbH website or by e-mail, the contract shall be concluded in accordance with § 3 of our General Terms and Conditions.
4 Information on payment and delivery
Our terms of payment and shipping costs can be found under § 5 of our General Terms and Conditions in conjunction with our notes under "Menu Item". There you will also find the payment methods we offer as well as information on surcharges that are levied for individual payment methods.
The delivery times result from § 4 of our General Terms and Conditions of Business as well as the information on the product pages.
5. information on the technical steps leading to the conclusion of the contract.
The conclusion of a purchase contract takes place through offer and acceptance.
You can place an order via our Internet pages by placing a selected product in the shopping basket. To do this, you can click the "button" on the product page. If you wish, you can then add further products to the shopping basket in the same way.
After selecting the product or products, you can click on the "Button" button. A new page will then open showing the previously selected contents of the shopping basket.
You have the option to continue shopping without registering as a customer, to open a new personal customer account or to log in using an existing customer account.
After entering the data required for your order or after displaying the existing customer data, you can use the "Button" button to specify the details of the dispatch and the method of payment.
You can use another "Button" button to check the previous details of item, address, shipping method and payment method again.
If you then click on the "button", you are making an offer to purchase the item(s) you have selected.
Klicken Sie dann auf die Schaltfläche „Schaltfläche“, geben Sie ein Angebot zum Kauf des oder der von Ihnen ausgewählten Artikel ab.
Die Annahme durch uns erfolgt nach Maßgabe des § 3 unserer Allgemeinen Geschäftsbedingungen.
6. Informationen zur Speicherung des Vertragstextes
Wenn Sie eine Bestellung über unsere Internetseite vornehmen, wird der Vertragstext von uns gespeichert und Ihnen auf Anfrage zusammen mit den zum Zeitpunkt des Vertragsschlusses gültigen Allgemeinen Geschäftsbedingungen per E-Mail oder Post übersandt.
7. Informationen über die technischen Mittel, um Eingabefehler zu erkennen und zu berichtigen
Vor verbindlicher Abgabe der Bestellung können Sie Ihre Eingaben laufend über die von Ihnen verwandten Eingabegeräte (üblicherweise Tastatur und Maus) korrigieren. Darüber hinaus werden alle Eingaben vor der verbindlichen Abgabe der Bestellung noch einmal in einer Übersicht angezeigt und können auch dort mittels der von Ihnen verwandten Eingabegeräte korrigiert werden.
Vor verbindlicher Abgabe der Bestellung besteht zudem stets die Möglichkeit, einen Bestellvorgang durch Schließen Ihres Internetbrowsers abzubrechen
8. Informationen über die für den Vertragsschluss zur Verfügung stehenden Sprachen
Only the German language is available for the conclusion of the contract.
9. information on the statutory liability for defects for the goods
With regard to the statutory defect liability law for goods and the contractual provisions on warranty, liability and reversal, we refer to § 9 of our General Terms and Conditions.
10. information on codes of conduct to which the seller has subjected itself
MKZK-Kosmetik GmbH has not subjected itself to any code of conduct.
