General terms and conditions of business
for purchasing goods from Louna Lashes
1. Scope of the GTC
All deliveries and services provided by LOUNA LASHES (hereinafter referred to as "LOUNA LASHES") in connection with the sale and delivery of goods from the online shop are provided exclusively on the basis of these General Terms and Conditions (GTC).
2nd order
2.1. The buyer's contractual partner is LOUNA LASHES, Riesenwaldstrasse 5, 77797 Ohlsbach - Germany
2.2. When ordering in the online shop, the offer to conclude a contract is made by the buyer as soon as he initiates the order for a product. After receipt of the order, the customer receives a confirmation of receipt by e-mail. The confirmation by e-mail of the receipt of the order does not constitute a declaration of acceptance. The purchase contract is only concluded when LOUNA LASHES declares acceptance. This takes place at the earlier of the two dates, either the goods are sent or a shipping confirmation is sent by e-mail.
2.3. Subject to availability, the ordered goods will be delivered within the specified delivery time. The delivery period begins with the receipt of payment. If payment against invoice or cash on delivery has been agreed, the delivery period begins with the declaration of acceptance by LOUNA LASHES. If the goods are not available, the buyer will be informed immediately and any consideration paid will be reimbursed immediately.
If the delivery period - or a grace period set due to force majeure or other reasons for which LOUNA LASHES is not responsible (e.g. delivery deadlines postponed by suppliers despite sufficient stocks by LOUNA LASHES) - is unreasonable for the customer, he can immediately withdraw from the contract by means of a declaration in text form (fax, letter or e-mail). Other legal rights of the customer remain unaffected.
2.4. The information describing the product, in particular illustrations, drawings, descriptions, dimensions and weight data, is non-binding insofar as the delivered goods only deviate insignificantly (e.g. due to production) from this information. Color deviations of the goods presented on the website are due to technical reasons.
3. Terms of payment, delivery, shipping costs
3.1 The prices quoted include statutory sales tax plus shipping costs. The total price of the goods including shipping costs is listed in the shopping cart before the order is placed.
3.2 Delivery is made to Germany, Austria, Belgium, the Netherlands and Luxembourg within the delivery time specified in the item description. If several items are ordered, the longest delivery time is decisive.
3.3 In addition to the value of the goods, the shipping and packaging costs listed below are incurred. This initially does not include the costs of a return shipment by the customer in the event of a cancellation in accordance with the cancellation policy below. The cost of the return is borne by the customer.
Shipping costs by destination country:
- Germany – EUR 5.99
- Austria – EUR 10.90
- Switzerland – EUR 12.90
- France – EUR 12.90
- Netherlands – EUR 12.90
- Turkey – EUR 25.00
- Lebanon – EUR 25.00
- Other European countries – EUR 14.90
- Other – EUR 35.90
3.4 LOUNA LASHES is entitled to partial performance and early deliveries within the scope of what is reasonable for the customer.
3.5 Payment is made by credit card, as “SOFORT Banking”, “PayPal”, or prepayment by bank transfer. Unless otherwise agreed, the purchase price is to be paid within 7 days of receipt of the invoice or the goods.
3.6 The goods remain the property of LOUNA LASHES until full payment has been made. If the buyer is in arrears, he has to pay an additional reminder and processing fee of €5. The buyer is permitted to prove that the expenses did not arise or did not arise to this extent. If, in the case of cash on delivery or prepayment, the goods are not accepted or payment is not made within 7 days of receipt of the invoice or goods, LOUNA LASHES makes use of its right of withdrawal and the order is cancelled. Further claims due to Non-performance or similar remain unaffected.
4. Right of Withdrawal
4.1 Consumers have a two-week right of withdrawal.
4.2 The right of withdrawal does not apply to long-distance contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and sealed goods that are sealed for reasons of health protection or hygiene are not suitable for return if their seal has been removed after delivery.
5. Cancellation policy
All claims for missing or damaged items during transit should be reported to LOUNA LASHES within 48 hours. In principle, only returns of unopened products will be accepted.
Returns must be received within fourteen days of the original shipping date. All items must be in their original packaging. Return shipping is the responsibility of the buyer. Please review your entire order immediately upon delivery and email us at info@lounalashes.com for any discrepancies.
A refusal to accept does not count as a revocation.
WITHDRAWAL FORM
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. Please fill out this form and send it back.
At:
Louna Lashes, Riesenwaldstrasse 5, 77797 Ohlsbach - Germany
info@lounalashes.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*) ______________________________ – Name of consumer(s): ______________________________ – Address of consumer(s): ______________________________
______________________________
______________________________
– Signature of the consumer(s) ______________________________
- Date:
(*) Delete where not applicable. CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the unopened goods back.
You must return the goods to us immediately and in any event no later than fourteen days from the day on which you informed us of the cancellation of this contract.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you make use of your right of withdrawal, the customer bears the direct costs of the return.
TRANSIT DAMAGE
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
End of revocation
6. Right to Defects
6.1 If own or manufacturer guarantees are granted, the details result from the guarantee conditions, which are visible online in the product detail view and are attached in writing to the delivery. In the event of defects in the delivered item, the customer is entitled to the statutory rights within the scope of the warranty/liability for defects, independent of any guarantee. The statutory warranty claims of the customer are not restricted by a guarantee.
6.2 The customer is obliged to check the goods received for obvious errors and to notify LOUNA LASHES of these within 2 weeks of receipt of the goods. The timely dispatch of the notification to LOUNA LASHES is decisive. If the customer does not comply with the obligation to report defects, warranty claims for these obvious defects are excluded.
6.3 The special provisions in No. 7 continue to apply to claims for damages by the customer.
6.4 Otherwise, the statutory rights relating to defects shall apply
7. Limitation of Liability
LOUNA LASHES, its legal representatives or vicarious agents are only liable in the event of intent or gross negligence. In the event of a breach of essential contractual obligations, liability also applies to simple negligence, but limited to the foreseeable, contract-typical damage. Claims for damages resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.
8. Further information
8.1 Ordering Process
When the customer has found the desired product, he can place it in the shopping cart without obligation by clicking on the [Add to shopping cart] button. The customer can view the contents of the shopping basket at any time without obligation by clicking on the [Shopping basket] button. The customer can remove the products in the shopping cart at any time by clicking the [X] button. In order to buy the products in the shopping cart, the customer must click on the [Checkout] button. If the customer is not yet registered, he will then be asked to enter his data. The mandatory information is marked with a *. No registration is required. The customer's data is transmitted in encrypted form. After entering the customer's data, he clicks on the [continue] button to select the payment method. Then he gets to the order page via the [continue] button, where he can check the entries again. By clicking the [Buy now] button, the customer completes the ordering process. The process can be canceled at any time by closing the browser window. On the individual pages, the customer receives further information, including correction options.
8.2 Contract text
The order confirmation and these General Terms and Conditions will be sent to the customer in text form.
8.3 Contract Language
The text of the contract is available to the customer in German or English
9. Applicable law, data protection, place of jurisdiction,
9.1. German law applies exclusively. UN sales law does not apply.
9.2. All data transmitted by the buyer will be processed by LOUNA LASHES in compliance with the relevant data protection regulations. The customer agrees to the collection, processing, use and disclosure of his data insofar as this is necessary to fulfill the contract.
9.3. If the buyer is a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, if he does not have a general place of jurisdiction in Germany or if his domicile or usual place of residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes is and in connection with the contractual relationship the registered office of LOUNA LASHES.
9.4. This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google's behalf. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you can if applicable not use all functions of this website in full. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
The IP addresses are stored in accordance with the TMG.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.