GTC

These general terms and conditions (“GTC”) of RGP beauty & cosmetics ag & RGP beauty & cosmetics GmbH apply to all contracts that a Customer (“Customer”) concludes with the Seller (“Seller”) with regard to the goods presented by the Seller in its online shop.
Deviating terms and conditions of business or purchase of the Customer shall only be recognised if they have been expressly agreed in writing.

The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but rather serve for the submission of a binding offer by the Customer.

After the Customer has placed an order, the Seller shall send the Customer an email confirming receipt of the order. This order confirmation does not constitute acceptance of the Customer’s offer. The sales contract is only concluded when the ordered product or products have been dispatched to the Customer and the Seller confirms the dispatch with another email (dispatch confirmation). No sales contract is concluded for ordered products that are not listed in a dispatch confirmation.

No products are sold to minors. Products for children can only be purchased by adults. By ordering, the Customer confirms that they are legal of age. No liability is accepted for the Seller’s products for an order placed by minors.

When an offer is submitted via the Seller’s online order form, the contract text shall be saved by the Seller and sent to the Customer via after the order has been sent, together with these GTC in text form. Furthermore, the contract text shall be archived by the Seller and can be accessed free of charge by the Customer via their password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.

Contracts are available in German and English for conclusion.

Order processing and contact shall take place exclusively by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. The Customer must ensure that all emails sent by the Seller or by third parties hired by the Seller for order processing can be delivered notably when using spam filters.

Consumers are generally entitled to a right of withdrawal, which is defined in the following withdrawal policy:

WITHDRAWAL POLICY:

As a customer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you who is not the carrier has taken possession of the goods.

In order to exercise your right of withdrawal, you, as a Swiss customer (delivery in Switzerland)

RGP beauty & cosmetics ag

Talacker 41

8001 Zurich

Switzerland

info@rgp-ag.ch

and

as a non-Swiss customer

RGP beauty & cosmetics GmbH

Tuchlauben 17/10

1010 Vienna

Austria

info@rgp-ag.ch

must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post of email). To meet the withdrawal deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal:

If you withdraw from this contract, we must refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods or until you have provided proof that you have returned the goods, whichever is the earlier date.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline shall have been met if you send the goods before the end of the fourteen-day period. Any direct costs for returning the goods shall be paid by you. You only have to pay for any loss in value of the goods if this loss in value can be ascribed to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax (gross prices). Any additional delivery and dispatch costs shall be indicated after selecting the dispatch options (checkout).

The customer can choose to pay in advance, by PayPal or credit card (Visa, Mastercard, American Express).

Goods shall be dispatched to the delivery address provided by the Customer, unless agreed otherwise.

You will find the information on the availability of products that are sold directly (e.g., on the respective product detail page) on the Seller’s homepage.

If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall pay the costs for the unsuccessful dispatch. This shall not apply if the Customer effectively exercises their right of withdrawal, if they is not responsible for the circumstance that led to the impossibility of delivery or if they was temporarily prevented from accepting the service offered, unless the Seller had given them reasonable prior notice of the service.

If the Customer is acting as a consumer, the risk of accidental loss/destruction and accidental deterioration of the goods sold shall generally only pass to the when the goods are handed over to the Customer or person authorised to receive the goods.

Nevertheless, the risk of accidental loss/destruction and accidental deterioration of the goods sold shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarder, carrier or other person or establishment designated to carry out dispatch, if the Customer commissions the forwarding agent, carrier or other person or establishment designated to carry out the dispatch and the Seller has not previously named this person or establishment to the Customer.

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and they have concluded a specific cover transaction with the subcontractor with the necessary diligence. The Seller shall make all reasonable efforts to procure the goods. The Customer shall be informed immediately in the event of non-availability or only partial availability of the goods and the consideration will be refunded immediately.

The Seller shall retain the title to the goods delivered until the purchase price owed has been paid in full.

If the purchased item is defective, statutory warranty provisions shall apply.

If the Customer is acting as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. However, if the Customer does not comply with this, this shall have no impact whatsoever on the statutory or contractual claims for defects.

It is clearly stated that any possible allergies of the Customer shall not affect any warranty claims, as this does not concern the Seller, unless the Seller was expressly aware of the Customer’s pertinent allergy.

The Seller shall only be liable to the Customer in the event of intent and gross negligence.

The Seller’s liability is otherwise excluded.

The liability provisions mentioned above shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

The Seller sends discount codes by email within the scope of promotions. The discount code is limited to one customer only and is non-transferable. The period of validity of the respective discount code provided is limited and this is also expressly communicated during the promotion. Payment of the discount is not possible.

If a discount code has expired or is invalid, no replacement codes will be issued.

Only one discount code may be redeemed per order.

The Seller reserves the right to exclude products and product categories from discount and promotional offers.

All legal relations between the parties shall be governed by Austrian law excluding the UN Convention on Contracts for the International Sale of Goods in the case of customers from the EU and the rest of the world (except Switzerland) and by Swiss law excluding the UN Convention on Contracts for the International Sale of Goods in the case of customers from Switzerland. For consumers, this choice of law shall only apply if the protection granted is not revoked by mandatory provisions of the law of the state in which the consumer regularly resides.

The following applies to customers who are consumers: The place of jurisdiction shall be the consumer’s residence for both for legal actions of the entrepreneur against the consumer and for legal actions of the consumer against the entrepreneur.

The EU Commission provides a platform for online dispute resolution on the internet using the following link: http://ec.europa.eu/consumers/odr.

This platform serves as a contact point for settling disputes arising from online sales contracts involving a consumer out of court.