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Terms and Conditions
General Terms and Customer Information
I. Terms
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (smartSPOT) via the website smartbeautylens.com. Unless otherwise agreed, the inclusion of any of your terms is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to conclude a contract for the sale of the product under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Skrill) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. The order data will then be displayed as an order overview on the website of the provider of the instant payment system or after you are returned to our online shop.
Before submitting the order, you have the option to review and change the information in the order overview or cancel the order using the "Back" function of the internet browser.
By submitting the order via the corresponding button ("complete order" or a similar designation), you declare legally binding acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for creating an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The completion of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by email. You must ensure that the email address you provided is correct, that receipt of emails is technically guaranteed, and that it is not blocked by SPAM filters.
§ 3 Special Agreements on Payment Methods Offered
- none
§ 4 Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If the properties of the goods deviate from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of this by us before submitting the contract declaration, and the deviation was expressly and separately agreed between the parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
Identity of the Seller
smartSPOT LLC LP
Chełmżyńska 59
04-247 Warsaw
Poland
Email: customer@beautysmartspot.com
Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
Our email address can be found above in the legal notice.
Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract conclusion itself, and the correction options are carried out according to the provisions in the section "Conclusion of the Contract" in our General Terms and Conditions (Part I).
Contract Language, Storage of the Contract Text
1.1. The contract language is German.
1.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out. After we receive the order, the order data will be sent to you again by email.
Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and Payment Methods
2.1. The prices mentioned in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes. Any import duties and VAT in third countries within the EU are not included in the price.
2.2. The shipping costs are displayed during the checkout process.
2.3. For deliveries to countries outside the European Union, additional costs may arise, such as customs duties, taxes, or transfer fees (bank transfer or exchange rate fees), which you must bear.
2.4. Any transfer fees (bank transfer or exchange rate fees) must be borne by you if the delivery is made to an EU member state, but the payment is made outside the European Union.
2.5. The available payment methods are shown under a corresponding button on our website or in the respective offer.
2.6. Unless otherwise specified for the individual payment methods, payment claims from the contract are due immediately.
Delivery Conditions
3.1. Delivery times, delivery dates, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
3.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the entrepreneur or a person otherwise designated to carry out the shipment.
Legal Warranty Rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).