Conditions

§ 1 Scope

 

(1) These general terms and conditions apply to all contracts for deliveries and services of OXY 8 Naturkosmetik GmbH with consumers and companies, legal entities under public law or special funds under public law (hereinafter "customer").

 

(2) If the contractual partner of OXY 8 Naturkosmetik GmbH is a company, a legal entity under public law or a special fund under public law, the general business relationships also apply to future business relationships without the need for another express agreement._cc781905-5cde-3194- bb3b-136bad5cf58d_

 

(3) OXY 8 Naturkosmetik GmbH does not recognize deviating or conflicting conditions of the customer and hereby contradicts any counter-confirmations by the customer with reference to his own general terms and conditions. Individual agreements are unaffected by this. The present terms and conditions also apply if OXY 8 Naturkosmetik GmbH carries out the delivery or service to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.

 

§ 2 offers

 

(1) All offers are non-binding unless otherwise stated in the order confirmation or order. 

 

(2) OXY 8 Naturkosmetik GmbH reserves the right to make changes to its products (ingredients), as well as changes in shape and color.

 

(3) Employees of OXY 8 Naturkosmetik GmbH are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the contract concluded in writing or in text form. 

 

§ 3 Order Acceptance

 

(1) Orders and other orders are binding for the customer. However, OXY 8 Naturkosmetik GmbH is not obliged to accept orders or other orders. 

 

(2) OXY 8 Naturkosmetik GmbH can accept the contract offer contained in the order or in the order within 14 days of receipt in writing or in text form. For OXY 8 Naturkosmetik GmbH, the commitment only occurs with express acceptance in writing or text form (order confirmation). OXY 8 Naturkosmetik GmbH can waive the order confirmation in the event of immediate delivery or service.

 

§ 4 Prices and terms of payment

(1) The information given in catalogues, brochures, circulars, letters and price lists about dimensions, services, illustrations, prices and storage periods are guide values and may be subject to change. They become binding if they are expressly guaranteed in the contract or in business correspondence by OXY 8 Naturkosmetik GmbH. Otherwise, the prices and additional costs, in particular shipping costs, will be calculated according to the price list valid at the time the contract was concluded. Discount deductions require an express agreement.

 

(2) Unless otherwise agreed, our prices are ex warehouse of OXY 8 Naturkosmetik GmbH plus packaging, environmental flat rate, shipping costs and - if desired - transport insurance, as well as plus sales and, if applicable, Import Tax. 

 

(3) OXY 8 Naturkosmetik GmbH reserves the right to adjust its prices if, after the conclusion of the contract, price changes by its sub-suppliers become effective and the delivery has not yet been carried out by the agreed delivery date. Upon request, OXY 8 Naturkosmetik GmbH will provide evidence of the price changes of its upstream suppliers.

 

(4) Payments are to be made within the specified payment terms without deduction. If no terms of payment have been explicitly stated, payments are to be made immediately upon ordering or upon receipt of the invoice without deduction. If the customer is in default of payment, OXY 8 Naturkosmetik GmbH can charge default interest to consumers of 5 percentage points above the respective base interest rate and to companies of 9 percentage points above the applicable base interest rate. We reserve the right to prove and assert a higher damage caused by delay.

 

(5) Offsetting is only permitted with counterclaims that are undisputed or legally established. 

 

(6) The customer has no right of retention due to counterclaims from another contractual relationship.

 

(7) All claims of OXY 8 Naturkosmetik GmbH, including installment payments, are due immediately and the granting of a payment term lapses if the payment term for a claim is not met or the customer is in default or if insolvency is filed for his assets or if he has given an affidavit of his assets. In these cases, OXY 8 Naturkosmetik GmbH is also entitled to make outstanding deliveries dependent on advance payments. If the advance payment or the security deposit is not provided even after a reasonable period of grace has expired, OXY 8 Naturkosmetik GmbH can withdraw from the contract. 

 

(8) OXY 8 Naturkosmetik GmbH is entitled, regardless of other provisions of the customer, to first offset his payments against older debts, then against any costs that may have already arisen, then against interest and finally against the main claim.

§ 5 sales tax/import sales tax

 

(1) If the customer is obliged to pay sales tax/import sales tax, he must inform OXY 8 Naturkosmetik GmbH of his sales tax identification number and any changes to it without being asked. Upon request, he is obliged to provide information about his status as an entrepreneur, the use and transport of the delivered goods and with regard to the statistical reporting obligation.

 

(2) The customer is also obliged to reimburse OXY 8 Naturkosmetik GmbH for the effort and costs incurred due to missing or inadequate information on import sales tax and to indemnify OXY 8 Naturkosmetik GmbH from any liability arising from an untimely and /or incorrect information results.

 

 

§ 6 Delivery and service time

 

(1) The delivery dates and the start of the delivery times specified by OXY 8 Naturkosmetik GmbH are subject to the punctual and correct self-supply by their suppliers and manufacturers. This only applies in the event that OXY 8 Naturkosmetik GmbH is not responsible for the non-delivery, especially when concluding a congruent hedging transaction with its suppliers.

 

(2) OXY 8 Naturkosmetik GmbH will inform the customer immediately about the non-availability of the products and refund the consideration immediately. Compliance with the delivery obligation also presupposes the timely and proper fulfillment of the contract by the customer. OXY 8 Naturkosmetik GmbH reserves the right to object that the contract has not been fulfilled.

 

§ 7 Dispatch - Passing of Risk

 

(1) The ordered goods will be delivered to the delivery address specified by the customer. 

 

(2) Deliveries are made at the risk of the customer, unless it is a contract with a consumer. Otherwise, the risk passes when the purchased item is handed over to the carrier or leaves the warehouse of OXY 8 Naturkosmetik GmbH for the purpose of shipment. If the shipment is delayed due to circumstances for which the customer is responsible, the risk passes to the customer upon notification of the readiness for shipment to the customer.

 

(3) Deliveries are made from the OXY 8 Naturkosmetik GmbH warehouse at the expense of the customer, unless otherwise stated in the order confirmation. If free delivery has been agreed, the transfer of risk remains unaffected.

 

(4) At the request and expense of the customer, OXY 8 Naturkosmetik GmbH will cover the delivery with transport insurance.

 

§ 8 Acceptance, default of acceptance

(1) The customer is obliged to accept the goods on the agreed date and price.

 

(2) If the customer is in default of acceptance or culpably violates other obligations to cooperate, OXY 8 Naturkosmetik GmbH is entitled to demand compensation for the damage incurred in this respect. Under the above conditions, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which he is in default of acceptance or debtor.

 

§ 9 Warranty

 

(1) As a matter of principle, only the product description of OXY 8 Naturkosmetik GmbH is agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent any contractual information on the quality of the goods.

 

(2) If the customer is a merchant within the meaning of the HGB, he is obliged to inspect the delivered items for defects (including quantity deviations) immediately upon receipt in accordance with § 377 HGB. After discovering a defect, the customer must inform OXY 8 Naturkosmetik GmbH in writing or in text form (by email) immediately, but no later than within 3 working days of receipt of the goods. Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch.

 

(3) For defects in the purchased item, OXY 8 Naturkosmetik GmbH provides a guarantee of its choice through repair or replacement (subsequent performance). 

 

(4) If the supplementary performance fails, the customer can either demand a reduction in payment (reduction) or cancellation of the contract (withdrawal). The right of withdrawal is excluded if the breach of duty is insignificant.

 

(5) If the customer chooses to withdraw from the contract after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect complained of.

 

(6) If the customer claims damages after subsequent performance has failed, the goods remain with the customer if this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective purchased item. 

 

(9) Any claims by the customer from the manufacturer's guarantee remain unaffected.

 

Section 10 Liability

 

(1) OXY 8 Naturkosmetik GmbH is liable for 

 

a.     damage caused intentionally or through gross negligence, 

b.     for damages resulting from culpable injury to life, limb or health as well as 

c.     for damage due to slightly negligent breach of an obligation that is essential for achieving the purpose of the contract.

 

This also applies to employees of OXY 8 Naturkosmetik GmbH.

(2) The liability for damages is limited to the foreseeable, typically occurring damage, except in the cases of § 7 paragraph 1 sentence 1 a) and b).

 

(3) Otherwise, claims for damages against OXY 8 Naturkosmetik GmbH are excluded.

 

(4) Insofar as the liability of OXY 8 Naturkosmetik GmbH towards the customer is excluded or limited, this also applies with regard to the personal liability for damages of its employees, employees, employees, representatives and vicarious agents.

 

(5) In the event of a delay in delivery by OXY 8 Naturkosmetik GmbH, the following also applies:

 

OXY 8 Naturkosmetik GmbH is liable in accordance with the statutory provisions if, as a result of a delay in delivery for which OXY 8 Naturkosmetik GmbH is responsible, the customer is entitled to assert that his interest in further fulfillment of the contract has ceased to exist. In any case, the liability of OXY 8 Naturkosmetik GmbH is limited to the foreseeable damage that is typical for the contract.

 

 

(8) Further legal claims and rights of the customer remain reserved.

 

(9) The element of product liability is liability for defects in the finished product. The liability never refers to the defective product itself, but to the damage to the user, because the product typically caused personal injury or property damage. The second element is to cover the liability of the manufacturer, quasi-manufacturer and importer for its defective cosmetic product which has caused the failure of commercial processing.

 

 

 

§11 Data protection

 

OXY 8 Naturkosmetik GmbH is the responsible body within the meaning of the Federal Data Protection Act or as the responsible party within the meaning of the General Data Protection Regulation.

 

OXY 8 Naturkosmetik GmbH will only collect, store and process the personal data when executing the respective contract if it is necessary for the execution of the respective contract and insofar as the legal regulations permit it or if the customer or the person concerned has given their express consent .

 

OXY 8 Naturkosmetik GmbH provides the customer with a separate page "Notes on data protection" on the website. 

 

§ 14 Industrial property rights, copyrights

 

(1) The contractual partner is obliged to inform OXY 8 Naturkosmetik GmbH immediately if he becomes aware of any violations of property rights of third parties or if he is reprimanded.

 

(2) If third parties claim infringements of property rights, the contractual partner authorizes OXY 8 Naturkosmetik GmbH to conduct the dispute with the third party alone. If OXY 8 Naturkosmetik GmbH makes use of the authorization, the contractual partner may not recognize the claims of the third party without the written consent of OXY 8 Naturkosmetik GmbH. OXY 8 Naturkosmetik GmbH fends off the claims of the third party at its own expense and releases the contractual partner from all costs associated with fending off these claims, insofar as these are not based on the customer's breach of duty.

 

§ 15 Retention of title

 

(1) In the case of contracts with consumers, OXY 8 Naturkosmetik GmbH reserves ownership of the purchased item until the purchase price has been paid in full. In the case of contracts with companies, legal entities under public law or special funds under public law, OXY 8 Naturkosmetik GmbH retains ownership of the purchased item until all payments from the current business relationship with the customer have been received.

 

(2) The customer is obliged, as long as ownership has not yet passed to him, to treat the purchased item and the packaging with care; If the customer is not a consumer, he is particularly obliged to insure the purchased item at his own expense against fire, water and theft at replacement value. 

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(3) OXY 8 Naturkosmetik GmbH is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, in particular in the event of default in payment or in the event of a breach of an obligation under paragraph (2) and (3) of this provision.

 

(4) The dealer customer is entitled to resell the purchased item in the ordinary course of business; However, he already assigns to OXY 8 Naturkosmetik GmbH all claims in the amount of the final invoice amount (including VAT) of her claim that accrue to him from the resale against his customers or third parties, regardless of whether the purchased item is without or after processing has been resold. The customer remains authorized to collect this claim even after the assignment. 

 

The authority of OXY 8 Naturkosmetik GmbH to collect the claim itself remains unaffected. However, OXY 8 Naturkosmetik GmbH undertakes not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not default in payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, however, OXY 8 Naturkosmetik GmbH can demand that the customer of OXY 8 Naturkosmetik GmbH discloses the assigned claims and their debtors, provides all the information required for collection, hands over the associated documents and the debtors (third parties) the assignment communicates.

 

(6) OXY 8 Naturkosmetik GmbH undertakes to release the securities to which it is entitled at the customer's request insofar as the realizable value of its securities exceeds the claims to be secured by more than 10% ; the selection of the securities to be released is the responsibility of OXY 8 Naturkosmetik GmbH.

 

 

§16 Export

 

We would like to point out that the delivered goods may only be exported with prior approval. Costs arising from unauthorized export, such as communication costs, are borne by the customer.

 

 

§ 17 Final Provisions

 

(1) Changes or additions to the contract must be in writing. This also applies to a waiver of the written form requirement. Neither party can invoke an exercise that deviates from this. Unilateral changes and/or additions by the customer are invalid.

 

(2) Nuremberg is agreed as the place of jurisdiction for all disputes with registered traders, legal entities under public law or special funds under public law. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence abroad after the conclusion of the contract or his domicile/company seat or usual place of residence is not known at the time the action is filed. However, OXY 8 Naturkosmetik GmbH is also entitled to sue at the customer's registered office.

 

(3) The place of performance for the delivery of products from OXY 8 Naturkosmetik GmbH and for customer payments is the headquarters of OXY 8 Naturkosmetik GmbH, provided the customer is a registered trader, a legal entity under public law or a special fund under public law.

 

(3) The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between OXY 8 Naturkosmetik GmbH and a customer.

 

(4) Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.