Terms of service

GENERAL TERMS AND CONDITIONS OF MARTINA OTTE COSMETICS

1. General

All services provided by Martina Otte Cosmetics to the customer are exclusively based on the following General Terms and Conditions. Deviating provisions are only valid if they have been agreed upon in writing between Martina Otte Cosmetics and the customer.

2. Conclusion of Contract

2.1 The offers in the Martina Otte Cosmetics online shop constitute a non-binding invitation to the customer to order goods in the online shop.

2.2 By ordering the desired goods online, the customer submits a binding offer to conclude a purchase agreement.

2.3 Martina Otte Cosmetics is entitled to accept this offer within 3-5 calendar days by sending an order confirmation. The order confirmation is sent by email. After the 5-day period has expired without response, the offer is considered rejected.

3. Delivery Times

All items are shipped immediately, provided they are in stock. Delivery is only available within Germany, Austria, or Switzerland. Unless otherwise stated in the offer, the delivery time within Germany is a maximum of 3-5 business days. For deliveries abroad, the delivery time is a maximum of 10 business days, unless otherwise stated in the offer. Some items have a longer delivery time (e.g., if they are out of stock). If an item is temporarily unavailable, we will inform you of the expected delivery time in the shop or by email, provided we have your email address. We cannot be held liable for any delays in delivery caused by force majeure, traffic disruptions, government orders, or other events beyond our control. For items with low stock levels, the shipping time is extended by the production time to approximately 25 business days.

4. Packaging and Shipping Costs

Shipping and packaging costs will be included in the invoice and depend on the number and weight of the items.

5. Payment

All prices quoted are final prices and include statutory VAT. Payment for deliveries within Germany is via PayPal or, by individual agreement, advance payment (the customer is obligated to pay the purchase price immediately after conclusion of the contract by bank transfer to our account). For advance payment, you will receive an email from us with the exact invoice details. Therefore, please be sure to enter your email address in the order form so that we can contact you. When making your transfer, please include your name and the invoice number in the payment reference so that we can allocate your payment to the order. For deliveries abroad, payment is made in advance. The delivered goods remain our property until full payment has been received (retention of title according to §§158, 449 BGB). If the agreed payment deadlines are exceeded, we will have to charge reminder and processing fees.

6. Right of Withdrawal and Consequences of Withdrawal

Information regarding your right of withdrawal and the consequences of withdrawal is attached as an appendix and forms part of these General Terms and Conditions.

7. Warranty

If transport damage to the goods is discovered, the recipient must immediately report the damage to the carrier (shipping service). Other recognizable transport damage must be reported to us in writing no later than 5 days after receipt of the goods. We are not liable for defects resulting from improper handling, normal wear and tear, or external influences. The warranty claim against us is void if repairs to the goods are carried out by the customer or by third parties without our written consent.

8. Limitation of Liability

Unless otherwise stated below, any further claims by the customer, regardless of their legal basis, are excluded. Martina Otte Cosmetics is therefore not liable for damages that did not occur to the delivered item itself; in particular, Martina Otte Cosmetics is not liable for lost profits or other financial losses of the customer. To the extent that the contractual liability of Martina Otte Cosmetics is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents. The foregoing limitation of liability does not apply if the cause of the damage is based on intent or gross negligence, or if personal injury is involved. It also does not apply if the customer asserts legally regulated claims. The provisions of the Product Liability Act remain unaffected. If Martina Otte Cosmetics negligently breaches a fundamental contractual obligation, the liability for property damage is limited to the typically foreseeable damage. If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the originally delivered goods to Martina Otte Cosmetics at their own expense within 30 days. The return of the defective goods must be carried out in accordance with statutory regulations. Martina Otte Cosmetics reserves the right to claim damages under the legally stipulated conditions. The limitation period is two years. The period begins upon delivery of the goods.

9. Data Protection

The data you provide will be used by us exclusively for processing your orders. All your data will be treated with strict confidentiality. We will only disclose your data to third parties (e.g., shipping companies) if this is necessary for order processing. Order data is transmitted in encrypted and secure form; however, we assume no liability for data security during these transmissions over the internet (e.g., due to technical errors of the provider) or for any potential criminal access by third parties to files on our website. Access data for the customer login, which is sent to the customer upon request, must be treated as strictly confidential by the customer, as we assume no responsibility for the use of this data.

Further information can be found in our Privacy Policy

10. Copyright

All third-party logos, images, and graphics shown are the property of their respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts, and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.

11. Miscellaneous

We have no control over whether items are discontinued by our suppliers and are therefore no longer available or have been changed in type or design. Should a replacement item be offered to us by the supplier, we will inform you. No claim for damages due to unavailable items can be made against us. We reserve the right to change the prices of individual items.

12. Links on our pages: In its ruling of May 12, 1998 - 312 O 85/98 - "Liability for Links," the Hamburg Regional Court decided that by providing a link, one may be held liable for the content of the linked page. According to the court, this can only be prevented by expressly disassociating oneself from this content. We therefore expressly disassociate ourselves from all content on all linked pages on this website. This statement applies to all links on our website. 13. Validity of the Terms and Conditions By placing an order, you acknowledge and accept the Terms and Conditions of Martina Otte Cosmetics. Should any provision of these Terms and Conditions be invalid for any reason whatsoever, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation. The place of performance is the registered office of our company, Martina Otte Cosmetics, in Hauzenberg, Germany. The place of jurisdiction for all disputes arising directly or indirectly between us and the client shall be the court with local jurisdiction for our registered office in Passau. Appendix: Cancellation Policy Right of Cancellation: You may cancel your contractual declaration within two weeks (if informed before conclusion of the contract) or one month (if informed after conclusion of the contract) without giving reasons in written form (e.g., letter, fax, email) or by returning the goods. The cancellation period begins at the earliest upon receipt of this cancellation policy. To meet the cancellation deadline, it is sufficient to send the cancellation notice or the goods back in time. This excludes our e-books, for which cancellation is not possible. Cancellations must be sent in writing to: Company: Martina Otte Cosmetics Last Name: Otte First Name: Martina Address: Schmiedeweg 6 Postal Code, City: 94051 Hauzenberg Email: martinaotte7@gmail.com