Terms & Conditions

scope

For all orders of goods placed by you and the purchase of gift cards on our website, and the resulting contracts, the following general terms and conditions of BROWISTA & CO. eU (hereinafter referred to as "Seller"), Salmstr. 1, 9020 Klagenfurt (Austria), email: support@oko-beauty.de apply exclusively. These general terms and conditions only apply if you are not deprived of further consumer protection at your place of residence in Europe.

conclusion of the contract

The product descriptions and price information contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. By submitting the purchase offer, the customer confirms that he or she is at least 18 years old. The customer can also submit the offer to the seller by telephone, email or post.

The seller can accept the customer’s offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

The contract data is saved for invoicing purposes and can be viewed by the customer at any time by logging in. No liability is accepted for incorrect information. A password required for ordering may not be passed on to third parties. If the password is passed on, the customer is also responsible for orders placed by third parties. The customer is responsible for all orders placed using the customer's customer account and any resulting claims. All goods and vouchers are sold in household quantities, subject to availability.

Only the German language is available for the conclusion of the contract.

Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the completed order. To exercise your right of withdrawal, you must inform us (BROWISTA & CO. eU, Salmstr. 1, 9020 Klagenfurt, email: support@oko-beauty.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Sample cancellation form:

I hereby revoke _________________________________ the concluded contract for the purchase of the following goods:

Order number: _________________________________

Ordered on: _________________________________

Received on: _________________________________

Name and address of the customer:

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This means that only goods in their original packaging can be returned. The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

Please avoid damaging or contaminating the goods. Please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage. Please do not send the goods back to us carriage forward.

Prices and payment terms

Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

In the seller's online shop, the customer can pay by credit card, direct bank transfer or advance payment. For all payment methods offered, payment processing is carried out in accordance with the latest security standards via a payment service provider. The seller has no access to any payment data.

If a direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.

If you select prepayment, we ask that you transfer the outstanding amount within 14 days. Your order will be sent to you immediately after payment has been received in our account. If payment is not received within the specified period, the order will be cancelled.

In the case of payments from accounts outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

delivery and shipping conditions

Goods and vouchers are delivered to the delivery address provided by the customer, unless otherwise agreed and this delivery address is in Austria. When processing the transaction, the delivery address provided by the seller during order processing is decisive.

If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

Self-collection of online orders is only possible upon prior request and approval by the shop.

Vouchers are provided to the customer as follows:

- by email

- by post

If, for unforeseeable reasons, the products purchased by the customer are not available, the customer will be informed separately.

liability for defects (warranty)

Note: Product images do not always have to match the appearance of the delivered products. In particular, changes in the appearance and features of the products may occur after manufacturers renew their ranges.

If the purchased item is defective, the statutory liability for defects provisions apply. The guarantee is provided in accordance with the provisions of the respective product manufacturer.

The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

The costs for any return due to defective goods are to be borne by the seller. In this case, please contact support@oko-beauty.de .

The amount already paid for the defective goods will be issued to the customer as a credit note.

damages

Compensation for damages due to a breach of an obligation arising from the contractual relationship must be paid under the statutory conditions. Liability, in particular for consequential damages, is excluded in the event of slight negligence on the part of the seller - except for personal injury. Claims based on the Product Liability Act remain unaffected. The customer must carefully observe all instructions on the packaging and inserts.

redemption of promotions and vouchers

Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher. Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Only one promotional voucher can be redeemed per order. The value of the goods when purchasing products must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. The balance of a promotional voucher will not be paid out in cash and will not accrue interest. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

Vouchers purchased through the Seller's online shop (hereinafter " gift vouchers ") can be redeemed in the Seller's online shop and stationary stores, unless otherwise stated in the voucher.

Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. The balance of a gift voucher will not be paid out in cash or bear interest. The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with discharging effect. This does not apply if the seller is aware or grossly negligently unaware of the ineligibility, incapacity or lack of authority to represent the respective holder.

copyright

All messages, graphics and the design of this website are for the personal information of customers only and are protected by copyright.

applicable law

Austrian law applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.