Terms and conditions

1. Scope of application

The following terms and conditions apply to all orders placed, all offers, (purchase) agreements, deliveries and activities via our online store. Our online store is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with TheCode Cosmetics GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

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

We store the contract text and send you the order data by e-mail. You can view the terms and conditions at any time on this page.

4. Terms of delivery

4.1 In addition to the stated product prices may still be shipping costs. You can find out more about any shipping costs in the offers.

We deliver only by mail and only within the EU and UK. A self-collection of the goods is unfortunately not possible.

4.2 If the transport company sends the shipped goods back to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer a reasonable amount of notice. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.

5. Prices and terms of payment

5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately. In principle, all orders within Germany from 60.00€ are free of shipping costs.

5.2 The payment option(s) will be communicated to the customer in the seller's online store.

5.3 In case of payment by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.4 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online store. To process payments, Shopify may use other payment services, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.

5.5 Other payment options

Credit card:

When submitting your order, you simultaneously transmit your credit card data to us.

After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal:

In the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

SOFORT Überweisung:

After submitting the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedure that has been activated for participation in SOFORT Überweisung, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited.

6. Reservation of proprietary rights

The goods remain our property until full payment.

7. Transport damages

If goods are delivered with obvious transport damage, please complain such defects as soon as possible to the delivery company and contact us immediately. You will help us to be able to assert our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

The legal liability for defects applies.

9. Retoure

If you wish to return items from your order, you must inform us in writing to info@thecodecosmetics.com within 14 days of delivery. Items that are sent back after the specified return period will not be accepted.

Please note: We can only issue a refund for a return if the item arrives in its original condition, undamaged and unused. Once the product has been opened or used, a refund is not possible if the product is not liked or for any other reason.

If you wish to return items from an order, please note the following:
Always return individual items and sets to us complete and in their original packaging.

The return of vouchers and e-vouchers is excluded.

Returns that have been used, altered or damaged will not be accepted and may be returned to you and/or a refund may be denied. We cannot be held responsible for missing returns or items in transit.

You bear the direct costs of returning the goods.

10. Liability for damages

The following exclusions and limitations of liability shall apply to any liability on our part for damages, without prejudice to the other statutory requirements for claims:

(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, shall be excluded.

(2) Insofar as we are liable for simple negligence in accordance with Paragraph 1, our liability shall be limited to the damage that we could typically expect to occur under the circumstances known at the time of conclusion of the contract.

(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor to damages which are to be compensated under the Product Liability Act, nor to damages to life, body or health, nor to statutory claims.

(4) The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Amendment of the general terms and conditions

We may change these terms and conditions from time to time. Each time you order products from us, the then-current Terms and Conditions will govern the contract between you and us. The current version of these terms and conditions is available on our website. Please check the terms and conditions on our website each time you order products from us to ensure that you are aware of the then current terms and conditions.

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