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General Terms and Conditions of Business for the Company HOLLYWOOD ESSENTIALS ®
SECTION 1 - SCOPE OF APPLICATION
The following General Terms and Conditions of Business are the basis and a contractual element of any and all contracts for the delivery or purchase of goods between us,
HOLLYWOOD ESSENTIALS ®
Managing Director: Werner Freitag
Telephone/Fax: 0049 (0)5533 9799375
hereinafter known as HOLLYWOOD ESSENTIALS ®
and private orderers or purchasers (Consumers) as well as commercial orderers or purchasers (Customers).
- Consumers in the sense of these General Terms and Conditions are natural persons with whom HOLLYWOOD ESSENTIALS ® enters a business relationship, but who cannot be associated with commercial or self-employed professional activities.
- Commercial Customers in the sense of these General Terms and Conditions are natural or legal persons, or partnerships with legal personality, with whom a business relationship is entered and who are acting in the exercise of a commercial or self-employed professional activity.
- Orderers in the sense of these General Terms and Conditions are both Consumers and business men/women.
- We hope that you will understand that we recognize and accept an Orderer's terms and conditions which are contrary to, or deviate from, our own terms and conditions of sale only if and when we have expressly agreed to their application in individual cases.
Our General Terms and Conditions shown below also apply to any and all future business transactions between HOLLYWOOD ESSENTIALS ® and the Orderer unless we have given notification that new or differing terms and conditions are to apply.
You may not use any HOLLYWOOD ESSENTIALS ® logo or other proprietary graphic or trademark as part of the link without HOLLYWOOD ESSENTIALS ® express written permission. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HOLLYWOOD ESSENTIALS ®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without HOLLYWOOD ESSENTIALS ® express written consent. HOLLYWOOD ESSENTIALS ® grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of HOLLYWOOD ESSENTIALS ®.
SECTION 2 - CONCLUSION OF CONTRACT
Any and all offers submitted by HOLLYWOOD ESSENTIALS ® are subject to confirmation. HOLLYWOOD ESSENTIALS ® products are natural products; changes in shape, colour and/or weight as a consequence of natural characteristics of the products do not represent defects and must be regarded as reasonable and acceptable.
By placing an order for goods, the Orderer declares his binding intention to purchase the ordered goods, subject to the above terms and conditions of HOLLYWOOD ESSENTIALS ®. HOLLYWOOD ESSENTIALS ® is entitled to accept the offer of a contract inherent in the order within two weeks after its receipt. Acceptance may be declared either in writing or by delivery of the goods to the Orderer. If the Orderer places his order for goods electronically, HOLLYWOOD ESSENTIALS ® will confirm the order immediately. The receipt confirmation does not represent a binding acceptance of the order. The receipt confirmation may be coupled with a statement of acceptance.
The conclusion of the contract is subject to correct and due time delivery to us by our supplier. The above provision applies only in the event that HOLLYWOOD ESSENTIALS ® is not responsible for the failure to deliver, in particular in the event of conclusion of a congruent hedging transaction concluded by HOLLYWOOD ESSENTIALS ® with a supplier. Orderers will be notified immediately if we are unable to provide the service. Any consideration, which has already been paid will of course be reimbursed to the Orderer immediately. If the Orderer has placed his order for goods electronically, HOLLYWOOD ESSENTIALS ® will save the text of the contract and, upon request, send it and these General Terms and Conditions to the customer by e-mail.
SECTION 3 - DELIVERY/DELIVERY PERIODS
Any delivery dates or delivery periods, whether agreed as binding or non-binding, must be stated in writing. We hope you will understand that any and all delivery dates and/or periods are generally non-binding, unless a period or date has been expressly designated and agreed as binding.
In the event of a mail order purchase, we will strive to deliver goods which can be sent by post within 10 workdays after placement of the order. When bulk goods are dispatched, the shipping agent or the supplier HOLLYWOOD ESSENTIALS ® has instructed to make delivery will contact the Orderer for arrangement of a delivery date. If no definite delivery date or delivery period has been agreed, HOLLYWOOD ESSENTIALS ® will regard 30 workdays as a reasonable period for performance/delivery of the goods
SECTION 4 - PRICES/TERMS OF PAYMENT
Unless otherwise stated in the offer or the order confirmation, we show all prices as "ex registered office of HOLLYWOOD ESSENTIALS ® “. Statutory value-added tax is included in the prices given by HOLLYWOOD ESSENTIALS ® and will be shown separately on the invoice in the amount applicable on the day of issue of the invoice. All prices and rebate information shown by HOLLYWOOD ESSENTIALS ® on the Internet, in brochures or other advertising materials are given errors excepted. Any and all offers submitted by HOLLYWOOD ESSENTIALS ® are subject to confirmation. Any and all agreements should on general principle be made in writing.
If goods are delivered to countries outside of the European Union, the Orderer is responsible for payment of any import turnover tax or customs duties specific to the country. Unless otherwise agreed, payment for the ordered goods is due and payable upon initial process of the order. The goods must be paid for by the Orderer by direct bank debit or transfer immediately and at no cost to us; we are not obligated to ship the ordered goods until payment has been received. If, in exceptional cases, we dispatch goods before receipt of payment, the goods remain our property until full payment has been effected.
If the Orderer is in default of payment, default interest at the legal rate, namely at this time 5% above the base rate for Consumers and 8% above the base rate for commercial Customers, will be charged. HOLLYWOOD ESSENTIALS ® reserves the right to claim compensation for greater losses resulting from the default. The Orderer has the right to set off his own counter-claims only if and when said claims have been recognized by declaratory judgment, are undisputed or have been acknowledged by us. The Orderer is entitled to exercise a right of retention only if and when his counter-claim arises from the same contractual relationship.
SECTION 5 - TRANSFER OF RICK
The risk of accidental loss or of accidental deterioration of the goods is transferred to the purchaser upon the handover of the goods. Purchaser's default of acceptance is the equivalent of handover of the goods. If HOLLYWOOD ESSENTIALS ®, at the Orderer's request, sends the goods to a city other than the registered office of HOLLYWOOD ESSENTIALS ®, the risk is transferred to the Orderer as soon as HOLLYWOOD ESSENTIALS ® has handed the goods over to the shipping agent, the freight carrier or other person or agency designated for performance of the shipment.
SECTION 6 - WARRANTY
HOLLYWOOD ESSENTIALS ® is obligated to supply the goods free of material and legal defects to the Orderer. We offer a 30 Day Guarantee on all products. The goods must be free of material defects at the point in time of the transfer of risk for the goods to the Orderer. Goods sold by HOLLYWOOD ESSENTIALS ® are natural products; changes in shape, colour and/or weight as a consequence of natural characteristics of the products do not represent defects and must be regarded as reasonable and acceptable. HOLLYWOOD ESSENTIALS ® will not reimburse payments confiscated by the customs but may refund payment for items that are shipped back in its original untampered and undamaged state, minus shipping cost. Money back guarantee covers solely and only damaged, material defects, opened and/or tampered goods upon arrival to the customer. The customer has 14 days to contact HOLLYWOOD ESSENTIALS ® with a written reclamation.
HOLLYWOOD ESSENTIALS ® does not offer money-back guarantee or product exchanges on products that have been opened, tampered or used.
If a material defect occurs, the Orderer's warranty claims are initially limited to the right of subsequent performance. If the Orderer is a businessman, HOLLYWOOD ESSENTIALS ® will initially, at its discretion, remedy defects in the goods by subsequent improvement or substitute delivery. If the purchaser is a Consumer, he initially may choose between subsequent performance in the form of subsequent improvement or substitute delivery. If the Orderer is a commercial Customer and not a Consumer, the aforementioned option may be exercised solely and exclusively by HOLLYWOOD ESSENTIALS ®.
The subsequent performance requested by the Orderer or offered by HOLLYWOOD ESSENTIALS ® must be carried out within a reasonable period; 20 workdays will generally be regarded as a reasonable period for the subsequent improvement. However, HOLLYWOOD ESSENTIALS ® is entitled to refuse the type of subsequent performance chosen if its performance would result in unreasonable costs for HOLLYWOOD ESSENTIALS ® and the other type of subsequent performance would not entail major disadvantages for the Orderer.
HOLLYWOOD ESSENTIALS ® does not offer money-back guarantee if the product does not work for customer as described.
Even if we are highly positive about the product's effectivity and safetiness, we cannot offer a money-back guarantee since there are parameters that can be a reason for the product not to work and we have no control over that. An example would be a user who exposes him or herself to the sun very often or a user who is not taking the right dosage or applying the product as advised. It would be hard for both parties to prove whether the product did really work or not. There is no exact science to measure whether the product will work, has worked and will not work for every customer. (Results vary from customer to customer). Money-back guarantee does not cover shipping fee. Buyer should send back the item(s) first (at their cost) in its original packaging before payment can be credited back, less shipping cost. If buyer has more than 1 item, the second and all other remaining items should also be sealed. Individuals with very dark skin tones may take longer to see results. Every skin needs special treatment. For those who are unsure which product is best for his or her skin type, it is recommended that you consult with your dermatologist before purchasing. The compatibility of the product to your skin type will determine whether or not it will be effective or safe for you. Skin care is always about finding your perfect match.
Results will vary depending on your skin type, skin tone, skin condition and the amount of sun exposure you receive on a daily basis. Please “Do not expect a beauty miracle”, every goal has its process and in this case its also takes time to achieve a lighter skin tone. Initial goals should not be skin lightening immediately, although the initial change can be smoothening of the skin or if you suffer from acne, it will gradually clear up in a matter of weeks. For very dark tones it could take longer to see results. The ingredients need time to absorb into your body for providing the results in which indicated on each product description. Why is it that some customers see results early and others take longer before they see results? For the simple reason that people have different metabolism, weight is also a factor, the fact that some people see results early is because their bodies have absorbed the components well. Finally, proper use and dosage is a very important factor.
The Orderer does not have any right to cancel the contract in cases of only minor breach of contract, in particular in cases of only slight defects. If the customer elects to cancel the contract due to a legal or material defect, the Orderer must notify HOLLYWOOD ESSENTIALS ® in writing, attaching the invoice or receipt, of obvious defects within a period 14 days of the handover of the goods. Commercial Orderers must submit the complaint immediately in accordance with the provisions of HGB (Commercial Code). HOLLYWOOD ESSENTIALS ® receipt of the notification is decisive for determining observance of the time period. If the Orderer fails to submit the notification, warranty rights do not apply. The Orderer bears the burden of proof for the point in time at which the defect is determined.
The warranty period is 30 days as of the handover of the goods. The warranty does not apply if the customer has not notified HOLLYWOOD ESSENTIALS ® of an obvious defect in due time. Please note, however that the HOLLYWOOD ESSENTIALS ® products are natural products and that these products, by their nature, have a limited storage life. The Orderer must therefore store the products according to the instructions included in the packaging and keep them as dry and cool as possible. Guarantees are on principle limited to the guarantees given by HOLLYWOOD ESSENTIALS ®.
SECTION 7 - LIABILITY
HOLLYWOOD ESSENTIALS ® is not acting as producers. The respective manufacturer of the product are liable for the safety in use and thus possibly with physical injuries from the product liability law. For any inaccuracies in product descriptions and pricing and printing errors, technical changes and ongoing delivery of all goods no responsibility can be accepted.
SECTION 8 - LIMITATIONS OF LIABILITY
In cases of breach of obligation caused by slight negligence, the liability of HOLLYWOOD ESSENTIALS ® is limited to the direct average damage typical of the contract and foreseeable according to the type of goods. The above provision also applies in cases of breach of obligation due to slight negligence on the part of our legal representatives or vicarious agents. HOLLYWOOD ESSENTIALS ® is liable to commercial Orderers in cases of breach of minor contractual obligations due to slight negligence.
The aforementioned limitations of liability do not apply to Orderer's claims arising from product liability. The limitations of liability also do not apply to cases of injury to body or health or of loss of the Orderer's life for which HOLLYWOOD ESSENTIALS ® is not accountable. Orderer's damage compensation claims due to a defect are time-barred one year after handover of the goods. The above provision does not apply to the extent that HOLLYWOOD ESSENTIALS ® is unexpectedly culpable of fraudulent intent or gross negligence or in cases of injury to body or health or of the loss of the Orderer's life, to the extent that HOLLYWOOD ESSENTIALS ® is accountable for said cases.
HOLLYWOOD ESSENTIALS ® will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. HOLLYWOOD ESSENTIALS ® makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on this site. You expressly agree that your use of this site is at your sole risk. This site is provided by HOLLYWOOD ESSENTIALS ® on an “as is” and “as available” basis. To the full extent permissible by applicable law, HOLLYWOOD ESSENTIALS ® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HOLLYWOOD ESSENTIALS ® does not warrant that this site, its servers, or e-mail sent from HOLLYWOOD ESSENTIALS ® are free of viruses or other harmful components.
For other than by injury of lives, bodies and health developing damages HOLLYWOOD ESSENTIALS ® liable only if they are caused by willful misconduct or gross negligence or culpable violation of essential contractual obligation by HOLLYWOOD ESSENTIALS ® or its agents. A duty is, the fulfillment of the proper execution of the contract possible in the first, and must trust in its compliance with the customer. Any further liability for damages is excluded. Claims from HOLLYWOOD ESSENTIALS ® given by the guarantee for the quality of the purchased item and the Product Liability Act remain unaffected. Under the current state of the art data communications over the Internet can not be error-free and / or be guaranteed at all times. We are not responsible for the constant availability of our internet shop.
SECTION 9 - RENTENTION OF TITLE
The delivered goods remain the property of HOLLYWOOD ESSENTIALS ® until payment has been made in full (reserved goods).
The customer is obligated to handle the goods with care. In particular, the customer is obligated to employ and/or make use of the goods solely and exclusively in conformity with the instructions provided to him in the packaging. Until payment has been made for the goods, the customer is obligated to notify HOLLYWOOD ESSENTIALS ® immediately of any attachment by third parties on the goods, such as seizure, and of any damage or destruction of the goods. He must also notify HOLLYWOOD ESSENTIALS ® immediately of any change of possession of the goods or of his own change of residence as long as payment has not been made for the goods.
SECTION 10 - RIGHT OF REVOCATION AND RETURN
If the purchase contract between HOLLYWOOD ESSENTIALS ® and an Orderer who is a Consumer is concluded as a distance selling contract, the provision below apply:
• If the Orderer revokes his order, he will be reimbursed for the product price once he has returned the goods (in the original packaging) to HOLLYWOOD ESSENTIALS ®. The customer must himself arrange for the return of the goods at the risk and expense.
• The customer must provide compensation for loss of value for any deterioration resulting from the proper use of the goods. The customer may carefully and cautiously examine the goods. Any loss of value resulting from use of the goods going beyond the simple inspection, which means that the goods can no longer be sold as "new" must be borne by the customer and reimbursed to HOLLYWOOD ESSENTIALS ®.
• The Orderer does not have the above-mentioned revocation right in the following cases:
• The Orderer has concluded a contract for the performance of services with HOLLYWOOD ESSENTIALS ® and performance of the contract has begun before the expiration of the revocation period, or
• The Orderer has concluded a contract for the delivery of goods with HOLLYWOOD ESSENTIALS ® and said goods have been produced in accordance with the Orderer's specifications or clearly customized to meet his personal needs, or are not suitable for return due to their characteristics, or can perish quickly, or their expiration date has lapsed.
SECTION 11 - PLACE OF PERFORMANCE/JURISDICTION
Place of performance and jurisdiction for both Parties is at the registered office of HOLLYWOOD ESSENTIALS ®, provided that mandatory statutes do not stipulate otherwise.
Governing law for the individual contracts is solely and exclusively German law. The above proper law provision applies even if the Orderer's residence/place of business is in another country.
Applicable Law For all business relations with HOLLYWOOD ESSENTIALS ® is the law of the Federal Republic of Germany excluding the UN sales law. Performance and jurisdiction for all legal affairs is Holzminden.
SECTION 12 - INVALIDITY OF PROVISIONS
If one of the above provisions, in whole or in part, is or becomes invalid, the validity of the remaining provisions will not be affected. The effective provision which the Parties would have agreed, if they had known of the invalidity of the provision at the point in time of the conclusion of the contract, will take the place of the invalid provision, to the extent legally permissible.
SECTION 13 - IMPORTANT REMARK ON OUR BEHALF
We are legally required to provide the above terms and conditions in this form and with this content.
But since we are certain of the quality of our products and wish to have only satisfied customers, we naturally reserve the right — while not recognizing a legal obligation — to treat our customers with fairness. So if you are unhappy with our products, regardless of the reason, you as our customer may always contact us, even if statutory periods have expired or there is no defect in the meaning of legal provisions. We will then make a decision, which is fair for all sides. On the other hand, we are aware that we may occasionally make mistakes, despite our constant efforts to perform our obligations to you as our customer as perfectly and quickly as possible. If this should ever happen to you, please give us a call, and we will rectify the situation immediately.
LIMITED LICENSE AND SITE ACCESS
You may not use any HOLLYWOOD ESSENTIALS ® logo or other proprietary graphic or trademark as part of the link without HOLLYWOOD ESSENTIALS ® express written permission. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HOLLYWOOD ESSENTIALS ®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without HOLLYWOOD ESSENTIALS ® express written consent.