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Conditions of Use

Conditions of Use


Section 1 Scope of Application

The following General Terms and Conditions of Business are the basis and a contractual element of any and all contracts for the delivery or purchase of goods between us,

The Company

Beautytemple
391 N.W. 179th Avenue  
Beaverton
Oregon 97006 

E-Mail: beautytemple@googlemail.com

 

hereinafter known as "Beautytemple"

and private orderers or purchasers (Consumers) as well as commercial orderers or purchasers (Customers).
Consumers in the sense of these GTB are natural persons with whom Beautytemple enters a business relationship, but who cannot be associated with commercial or self-employed professional activities.
Commercial Customers in the sense of these GTB are natural or legal persons, or partnerships with legal personality, with whom a business relationship is entered and who are acting in the exercise of a commercial or self-employed professional activity.
Orderers in the sense of these GTB are both Consumers and businessmen.
We hope that you will understand that we recognize and accept an Orderer's terms and conditions which are contrary to, or deviate from, our own terms and conditions of sale only if and when we have expressly agreed to their application in individual cases.
Our GTB shown below also apply to any and all future business transactions between Beautytemple and the Orderer unless we have given notification that new or differing terms and conditions are to apply.


Section 2 Conclusion of Contract

Any and all offers submitted by Beautytemple are subject to confirmation. Beautytemple also offers natural products; changes in shape, colour and/or weight as a consequence of natural characteristics of the products do not represent defects and must be regarded as reasonable and acceptable.
By placing an order for goods, the Orderer declares his binding intention to purchase the ordered goods, subject to the above terms and conditions of Beautytemple. Beautytemple is entitled to accept the offer of a contract inherent in the order within two weeks after its receipt. Acceptance may be declared either in writing or by delivery of the goods to the Orderer.
If the Orderer places his order for goods electronically, Beautytemple will confirm the order immediately. The receipt confirmation does not represent a binding acceptance of the order. The receipt confirmation may be coupled with a statement of acceptance.
The conclusion of the contract is subject to correct and due time delivery to us by our supplier. The above provision applies only in the event that Beautytemple is not responsible for the failure to deliver, in particular in the event of conclusion of a congruent hedging transaction concluded by Beautytemple with a supplier.
Orderers will be notified immediately if we are unable to provide the service. Any consideration, which has already been paid will of course be reimbursed to the Orderer immediately.
If the Orderer has placed his order for goods electronically, Beautytemple will save the text of the contract and, upon request, send it and these GTB to the customer by e-mail.


Section 3 Delivery/Delivery Periods

Any delivery dates or delivery periods, whether agreed as binding or non-binding, must be stated in writing. We hope you will understand that any and all delivery dates and/or periods are generally non-binding, unless a period or date has been expressly designated and agreed as binding.
In the event of a mail order purchase, we will strive to deliver goods which can be sent by post within 10 workdays after placement of the order. When bulk goods are dispatched, the shipping agent or the supplier Beautytemple has instructed to make delivery will contact the Orderer for arrangement of a delivery date.
If no definite delivery date or delivery period has been agreed, Beautytemple will regard 30 workdays as a reasonable period for performance/delivery of the goods.


Section 4 Prices/Terms of Payment

Unless otherwise stated in the offer or the order confirmation, we show all prices as "ex factory“. The Orderer will be billed separately for the costs of shipping.
All prices and rebate information shown by Beautytemple on the Internet, in brochures or other advertising materials are given errors excepted. Any and all offers submitted by Beautytemple are subject to confirmation. Any and all agreements should on general principle be made in writing.

The Orderer is responsible for payment of any import turnover tax or customs duties specific to the country.
Cash deductions may be made only in conformity with a separate, express agreement.
Unless otherwise agreed, payment for the ordered goods is due and payable upon receipt of the order. The goods must be paid for by the Orderer by bank transfer or paypal immediately and at no cost to us; we are not obligated to ship the ordered goods until payment has been received.
The goods remain our property until full payment has been effected.
The Orderer has the right to set off his own counter-claims only if and when said claims have been recognized by declaratory judgment, are undisputed or have been acknowledged by us. The Orderer is entitled to exercise a right of retention only if and when his counter-claim arises from the same contractual relationship.


Section 5 Transfer of Risk

The risk of accidental loss or of accidental deterioration of the goods is transferred to the purchaser upon the handover of the goods. Purchaser's default of acceptance is the equivalent of handover of the goods.
If Beautytemple, at the Orderer's request, sends the goods to a city other than the address stated by Beautytemple, the risk is transferred to the Orderer as soon as Beautytemple has handed the goods over to the shipping agent, the freight carrier or other person or agency designated for performance of the shipment.


Section 6 Warranty

Beautytemple is obligated to supply the goods free of material and legal defects to the Orderer. The goods must be free of material defects at the point in time of the transfer of risk for the goods to the Orderer. Goods sold by Beautytemple are also natural products; changes in shape, colour and/or weight as a consequence of natural characteristics of the products do not represent defects and must be regarded as reasonable and acceptable.
If a material defect occurs, the Orderer's warranty claims are initially limited to the right of subsequent performance. If the Orderer is a businessman, Beautytemple will initially, at its discretion, remedy defects in the goods by subsequent improvement or substitute delivery. If the purchaser is a Consumer, he initially may choose between subsequent performance in the form of subsequent improvement or substitute delivery. If the Orderer is a commercial Customer and not a Consumer, the aforementioned option may be exercised solely and exclusively by Beautytemple.
The subsequent performance requested by the Orderer or offered by Beautytemple must be carried out within a reasonable period; 20 workdays will generally be regarded as a reasonable period for the subsequent improvement. However, Beautytemple is entitled to refuse the type of subsequent performance chosen if its performance would result in unreasonable costs for Beautytemple and the other type of subsequent performance would not entail major disadvantages for the Orderer.
If the subsequent performance fails, the Orderer may request reduction of the compensation or cancellation (rescission) of the contract. However, the Orderer does not have any right to cancel the contract in cases of only minor breach of contract, in particular in cases of only slight defects.
The Orderer must notify Beautytemple in writing, attaching the invoice or receipt, of obvious defects within a period of two weeks of the point in time at which the incorrect condition of the goods is determined. Commercial Orderers must submit the complaint immediately in accordance with the provisions of HGB (Commercial Code). Beautytemple's receipt of the notification is decisive for determining observance of the time period. If the Orderer fails to submit the notification, warranty rights with respect to the defect expire two weeks after determination of the defect or, for commercial Customers, upon expiration of the statutory period of complaint, provided that Beautytemple is not culpable of fraudulent intent with respect to the defect. The Orderer bears the burden of proof for the point in time at which the defect is determined. If the Orderer was motivated to purchase the item by incorrect statements made by the manufacturer, he bears the burden of proof for his decision to buy.
If the customer elects to cancel the contract due to a legal or material defect following the failure of subsequent performance, he does not have any claims for damage compensation due to the defect.
If the customer elects damage compensation following the failure of subsequent performance, the Orderer will retain the goods if he can reasonably be expected to do so. The damage compensation is limited to the difference between the purchase price and the value of the defective item. The above provision does not apply if Beautytemple has caused breach of the contract by fraudulent intent. The above provision is without prejudice for greater damage compensation claims due to breach of obligation.
The warranty period for businessmen is one year as of the handover of the goods. The period of limitations for Consumers is two years as of the handover of the goods. The limitation period for used goods is one year as of the handover of the goods.
The warranty does not apply if the customer has not notified Beautytemple of an obvious defect in due time (cf. Paragraph 4 of this Section).
Please note, however that the Beautytemple products are also natural products and that these products, by their nature, have a limited storage life. The Orderer must therefore store the products according to the instructions included in the packaging and keep them as dry and cool as possible.
Guarantees are on principle limited to the guarantees given by the manufacturer of the goods, unless Beautytemple has, in individual cases, stipulated otherwise or the Parties have reached a deviating agreement.
If products are sold under manufacturer's guarantee or under guarantee given by the manufacturer, the purchaser's claims based on said guarantee may be asserted solely and exclusively against the manufacturer in accordance with the latter's terms and conditions of guarantee.


Section 7 Limitations of Liability

In cases of breach of obligation caused by slight negligence, the liability of Beautytemple is limited to the direct average damage typical of the contract and foreseeable according to the type of goods. The above provision also applies in cases of breach of obligation due to slight negligence on the part of our legal representatives or vicarious agents. Beautytemple is not liable to commercial Orderers in cases of breach of minor contractual obligations due to slight negligence.
The aforementioned limitations of liability do not apply to Orderer's claims arising from product liability. The limitations of liability also do not apply to cases of injury to body or health or of loss of the Orderer's life for which Beautytemple is accountable.
Orderer's damage compensation claims due to a defect are time-barred one year after handover of the goods. The above provision does not apply to the extent that Beautytemple is unexpectedly culpable of fraudulent intent or gross negligence or in cases of injury to body or health or of the loss of the Orderer's life, to the extent that Beautytemple is accountable for said cases.


Section 8 Retention of Title

The customer is obligated to handle the goods with care. In particular, the customer is obligated to employ and/or make use of the goods solely and exclusively in conformity with the instructions provided to him in the packaging.
 


Section 9 Right of Revocation and Return

If the purchase contract between Beautytemple and an Orderer who is a Consumer is concluded as a distance selling contract, the provision below apply:
· The Orderer may revoke his order without giving reasons if he submits a written statement of revocation to Beautytemple within 14 days of the handover of the goods and returns the goods in their original condition to Beautytemple. The date of dispatch is decisive for the due time of the revocation.
· If the Orderer revokes his order, he will be reimbursed for the product price once he has returned the goods (in the original packaging whenever possible) to Beautytemple. The customer must himself arrange for the return of the goods at the risk and expense of Beautytemple; however, in this case Beautytemple is entitled to bill the purchaser for the regular expenses of the return shipment if the value of the order was €40.00 or less, unless the delivered goods were defective.
· The customer must provide compensation for loss of value for any deterioration resulting from the proper use of the goods. The customer may carefully and cautiously examine the goods. Any loss of value resulting from use of the goods going beyond the simple inspection, which means that the goods can no longer be sold as "new" must be borne by the customer and reimbursed to Beautytemple.
· The Orderer does not have the above-mentioned revocation right in the following cases:
o The Orderer has concluded a contract for the performance of services with Beautytemple and performance of the contract has begun before the expiration of the revocation period, or
o The Orderer has concluded a contract for the delivery of goods with Beautytemple and said goods have been produced in accordance with the Orderer's specifications or clearly customized to meet his personal needs, or are not suitable for return due to their characteristics, or can perish quickly, or their expiration date has lapsed.


Section 10 Place of Performance/Jurisdiction

Place of performance and jurisdiction for both Parties is within Europe, provided that mandatory statutes do not stipulate otherwise.
 


Section 11 Invalidity of Provisions

If one of the above provisions, in whole or in part, is or becomes invalid, the validity of the remaining provisions will not be affected. The effective provision which the Parties would have agreed, if they had known of the invalidity of the provision at the point in time of the conclusion of the contract, will take the place of the invalid provision, to the extent legally permissible.


Section 12 Final Remark on Our Behalf

We are legally required to provide the above terms and conditions in this form and with this content.
But since we are certain of the quality of our products and wish to have only satisfied customers, we naturally reserve the right — while not recognizing a legal obligation — to treat our customers with fairness. So if you are unhappy with our products, regardless of the reason, you as our customer may always contact us, even if statutory periods have expired or there is no defect in the meaning of legal provisions. We will then make a decision, which is fair for all sides.
On the other hand, we are aware that we may occasionally make mistakes, despite our constant efforts to perform our obligations to you as our customer as perfectly and quickly as possible. If this should ever happen to you, please give us a call.

We want all of our customers to enjoy using our products.

Beautytemple

 

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