parico cosmetics GmbH (Stagecolor Online Shop) General Terms and Conditions of Business

1 Scope of Application

(1) The following General Terms and Conditions of Business (hereinafter referred to as the “Terms and Conditions”) will apply exclusively to all deliveries and services provided by us, including those to be provided in the future (hereinafter referred to as the “Deliveries”).

(2) We will only be bound by any conflicting or deviating terms and conditions of business of our customers if we have agreed to the same in writing, irrespective of whether we accept the order. Our sales representatives are not authorised to make oral promises that go beyond the written contract or to vary these Terms and Conditions to our detriment.

2 Contract Conclusion

The information we provide during the ordering process regarding products and prices is non-binding. By placing an order, you are making a legally binding offer. We will confirm receipt of your order promptly by electronic means. This does not constitute acceptance of the contract. Normally, we accept by dispatching the products. Until then, we will be entitled to refuse to supply the products offered if they are not available. Only after acceptance of the offer will the customer be entitled to delivery of the products.

3 Right to Cancel, Cancellation Policy and Cancellation Form Template

Consumers have a right to cancel as set out below. A consumer is defined as any natural person who enters into a legal transaction for purposes that are not primarily related to their commercial or independent professional activities. A consumer may cancel the contract with the supplier in accordance with the following provisions of this section:

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Cancellation Policy

Right to Cancel

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the date,

In the case of a contract of sale: on which you or a third party other than the carrier designated by you, took possession of the last of the products.
In the case of a contract for multiple products ordered by the consumer in a single order and delivered separately: on which you or a third party other than the carrier designated by you, took possession of the last of the products.
In the case of a contract for the delivery of products in multiple partial shipments or consignments: on which you or a third party other than the carrier designated by you, took possession of the last partial shipment or last consignment.
In the case of a contract for the regular supply of products over a specified period: on which you or a third party other than the carrier designated by you, took possession of the first product.

If multiple alternatives apply, the latest date will be decisive.

To exercise your right to cancel, you must notify our delivery service provider,

parico cosmetics GmbH
Thüringerstrasse 21
46286 Dorsten Germany
Tel.: +49 2369 91 61 30
Email: stagecolor@parico.de

of your decision to cancel this contract by sending an unambiguous declaration (e.g. a letter sent by post or an email). You may use the cancellation form template provided, but it is not mandatory.

The cancellation period will be deemed to have been met if you send your notice of cancellation before the end of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we must refund any payments you have made to us, including delivery costs (excluding any additional costs incurred due to you choosing a delivery method other than the cheapest standard delivery option we offer). This refund will be made without undue delay and within fourteen days at the latest from the date we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction unless expressly agreed otherwise with you. We will never charge you any fees for this refund.

We may refuse to process the refund until we have received the returned products or you have provided proof that you have sent the goods back, whichever is earlier.

You must return the products to parico cosmetics GmbH, Thüringerstrasse 21, 46286 Dorsten, Germany without delay and no later than within fourteen days from the date you notified us of your cancellation of this contract. The deadline will be deemed met if you dispatch the products before the end of the fourteen-day period.

You will be responsible for the direct costs associated with returning the products.

You will be liable for any loss in value of the products resulting from your handling of the products beyond the minimum necessary to ascertain their nature, characteristics, and functionality.

Special Notes

The right to cancel does not apply to distance contracts

for the supply of products that are not ready-made and for the production of which an individual preference or specification by the consumer is significant or products which are obviously tailored to the consumer’s personal needs;
for the supply of products which are perishable or have a short expiry date;
for the supply of sealed products that cannot be returned for health or hygiene reasons if the seal is removed after delivery;
for the supply of products which, by their nature, are mixed with other products after delivery and cannot be separated.

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Cancellation Form Template

(If you wish to cancel the contract, please complete and return this form.)

parico cosmetics GmbH
Thüringerstrasse 21
46286 Dorsten Germany
Tel.: +49 2369 91 61 30
Email: stagecolor@parico.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)

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Ordered on (*)/received on (*)

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Consumer name(s)

_____________________________________________________

Consumer address(es)

_____________________________________________________

Consumer signature(s) (only required for paper forms)

__________________

Date

__________________

(*) Delete as appropriate.

4 Payment Terms and Shipping Costs

(1) All prices quoted in the online shop include the applicable statutory value-added tax.

(2) The supplier will charge shipping costs for delivery in addition to the stated prices. The customer will be clearly informed about the shipping costs during the ordering process.

(3) In the event of late payment, we will be entitled to charge interest on arrears at a rate of five percentage points above the base rate (eight percentage points above the base rate for business customers).

5 Delivery

(1) The products will be shipped to the address provided by the customer. However, if payment is made via PayPal, the delivery address that PayPal has on record for the customer will be used.

(2) If the seller incurs additional costs due to an incorrect delivery address or recipient being specified or any other circumstance that prevents delivery, the customer shall reimburse the seller for the same unless the customer is not responsible for the incorrect information or inability to deliver. The same applies if the customer was temporarily unable to accept the delivery except where the seller gave them reasonable advance notice. The return shipment costs are excluded from this regulation if the customer has validly exercised their right to cancel. In this scenario, the statutory provisions or the seller’s terms and conditions will apply.

(3) The customer does not have the option of collection.

6 Claims for Defects

(1) The statutory provisions on liability for defects will apply.

(2) Product images do not necessarily always reflect the appearance of the actual products supplied. In particular, there may be changes to the appearance and characteristics of the products as a result of updates to the product range. Claims for defects will not arise as long as the changes are reasonable for the customer.

(3) A defect will be deemed to exist if the products do not meet the agreed quality or are unsuitable for the agreed or customary use. Cosmetics are sensitive products. The expiry date indicates the shelf life of a product, provided it is stored correctly.

(4) If the customer is a business customer, the obligation to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) will apply.

(5) If the products are defective, we will repair or replace them within a reasonable period. If the remedy chosen by the customer is only possible at a disproportionate cost, we will be entitled to remedy the defect in the alternative manner. We will bear all costs associated with remedying the defect. If we cannot remedy the defect, the customer will be entitled, at its discretion, to cancel the purchase or to a reduction on the purchase price.

(6) Defective products must be returned to us unless the customer opts for a reduction of the purchase price.

(7) Claims for defects will lapse in two years from delivery of the products or 12 months following delivery if the customer is a business customer unless we have wilfully or grossly negligently violated our obligations, have maliciously concealed the defect, have applied an extended warranty or where a longer statutory period is mandatory.

7 General Liability

(1) Claims for damages against us, regardless of their nature, are excluded if we, our legal representatives or our vicarious agents have caused the damage through simple negligence. This liability disclaimer will not apply in the event of personal injury, the assumption of a contractual warranty or the breach of material contractual obligations which endanger the fulfilment of the purpose of the contract. In such cases, however, our liability will be limited to the scope of the warranty or, in the event of a negligent breach of material contractual obligations, to the foreseeable damage typical for the contract. Claims under the German Product Liability Act (ProdHaftG) will remain unaffected.

8 Retention of Ownership

(1) The supplied products will remain our property until payment has been made in full. If the customer is a business customer, the retention of ownership will apply until all claims outstanding at the time of delivery under the current business relationship have been settled. If there is a mutual running account arrangement, the retention of ownership will be extended to include the acknowledged account balance.

(2) If the customer is a business customer, it will be entitled to resell the retained products in the ordinary course of business. However, it hereby assigns to us, in advance and in full, all claims against its customer or a third party arising from the resale or onward use on behalf of a customer. The customer will be entitled to collect the claims assigned to us as long as it meets its payment obligations from the proceeds collected.

(3) If the customer fails to meet its payment obligations, we may revoke the right to resell and demand that the customer provides us with details of the assigned claims, the debtors concerned and any information necessary to enable the collection of the same, hand over any relevant documentation and inform its debtors about the assignment. Repossession of the returned goods does not constitute a withdrawal from the contract. If we declare withdrawal, we will be entitled to dispose of the products as we see fit.

(4) If the value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer’s request.

9 Applicable Law, Place of Fulfilment, Place of Jurisdiction

(1) The law of the Federal Republic of Germany will apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law will apply to consumers only insofar as it does not restrict mandatory legal provisions of the state in which the consumer is domiciled or has their habitual place of residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of fulfilment for all obligations arising under and in connection with contracts concluded based on these General Terms and Conditions of Business and the exclusive place of jurisdiction for all disputes will be our registered office in Dorsten, Germany. For customers who are consumers, the place of jurisdiction will be the customer’s domicile.

10 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.

parico cosmetics GmbH will be responsible for payment processing and shipping. By accepting these General Terms and Conditions of Business, you consent to us sharing your information (such as your name, address and, where applicable, telephone number) with parico cosmetics GmbH to the extent necessary to deliver your order.

In this scenario, parico cosmetics GmbH will be responsible for processing the shipment and compliance with the applicable data protection regulations. You can find more information about how we process your data in our Privacy Policy.