§ 1 Scope
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relations between MGM Cosmetics GmbH (hereinafter “MGM”) and the purchaser. Deviating general terms and conditions or purchase conditions are only recognised if they have been expressly agreed to in writing.
§ 2 Contract conclusion
The submission of an order via the website represents a binding offer from the purchaser to MGM to conclude a purchase agreement. If you submit an order to MGM, we will send you an email which confirms our receipt of your order and presents the details of the order (order confirmation). This order confirmation does not constitute acceptance of your order; it is merely intended to inform you that we have received your order. A purchase agreement is only established once we have shipped the ordered product to you and confirmed the dispatch in a second email (shipping confirmation). No purchase agreement is established for products from the same order which are not listed in the shipping confirmation.
MGM does not offer any products for purchase by minors. Even products for children may only be purchased by adults. Your order also includes the assurance that you are of full age. We accept no liability for our products in case of orders by minors.
§ 3 Right of cancellation up to 14 days, exclusion of right of cancellation, cancellation policy
You have the right to cancel this agreement within fourteen days without stating a reason.
The cancellation period is fourteen days from the date on which you, or a third party nominated by you who is not the carrier, take(s) possession of the goods. To exercise your right of cancellation, you must inform us
MGM Cosmetics GmbH
Mittelweg 162, 20149 Hamburg, Germany
of your decision to cancel this agreement with a clear statement (e.g. in a letter sent by post, a fax or an email).
To ensure compliance with the cancellation period, it is sufficient to inform us before the end of the cancellation period that you are exercising your right of cancellation.
Consequences of cancellation
If you cancel this agreement, we must refund to you all payments we have received from you, including delivery fees (except additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this agreement. For the refund, we will use the same payment method used by you in the original transaction unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for the refund. We may refuse to refund you until we have received all of the goods back from you or until you provide proof that you have returned the goods – whichever happens first. You must return the goods to us
MGM Cosmetics GmbH
Mittelweg 162, 20149 Hamburg, Germany
without delay and in any case within fourteen days from the date on which you informed us of your cancellation of this agreement. Sending the return before expiry of the fourteen day cancellation period is sufficient to ensure compliance with the cancellation period.
You must bear the immediate costs for the return of the goods. You must only compensate us for any loss of value of the goods if this loss of value is a result of any handling of the goods which is not necessary to assess the condition, properties or functionality of the goods.
§ 4 Return costs agreement
In case of cancellation, the costs of the return shall be borne by you.
§ 5 Delivery
Unless otherwise agreed, the delivery is made to the delivery address specified by the purchaser. Our website contains information on the availability of products sold by MGM (e.g. on the respective product details page).
If delivery to the purchaser is not possible due to the goods not fitting into the entrance, door or stairway of the purchaser’s residence or the purchaser not being present to accept the delivery at the specified delivery address despite being informed of the delivery time with sufficient notice, the purchaser shall bear the costs of the unsuccessful delivery. The delivery of the ordered goods is subject to shipping costs unless otherwise specified. Shipping within Germany costs €5.95
§ 6 Maturity and payment, default
The purchaser can pay the purchase price by credit card (Mastercard/Visa/American Express), Paypal, Klarna or prepayment. MGM reserves the right not to accept certain payment methods in individual cases. If the purchaser is in default of payment, BSMC is entitled to demand default interest in the amount of 5% above the basic interest rate announced by the European Central Bank per annum. If the default provably incurs greater damages for MGM, MGM is entitled to assert said damages.
§ 7 Set-off, retention
The purchaser only has a right to set-off if its counterclaims are established by final judgement or undisputed by MGM. Furthermore, the purchaser is authorised to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.
§ 8 Price
Unless otherwise expressly specified, the prices specified by MGM include statutory value-added tax.
§ 9 Reservation of ownership
The delivered goods remain the property of MGM until full payment has been completed.
§ 10 Liability for defects
The right to cancel your order does not affect your rights as a purchaser under the statutory warranty provisions. If goods purchased from us exhibit defects, your claims as the purchaser lapse after 2 years from the date of delivery of the goods. In the event of defects in the purchased goods, the statutory claims for supplementary performance, repair/redelivery and – if the special statutory requirements are met – the further claims for reduction or withdrawal shall apply at your discretion, as well as compensation for damages, including compensation for the damage instead of performance and compensation for your wasted expenditure. Please store the invoice provided in a safe place for use as proof of purchase. If supplementary performance is carried out in the form of replacement, the purchaser is obliged to return the initially delivered goods to MGM within 30 days at the expense of MGM. The return of defective goods must be carried out in line with statutory provisions. MGM reserves the right to assert damages in line with the statutory requirements. MGM is liable without limitation if the damage is caused intentionally or by gross negligence.
MGM is also liable for slightly negligent breach of essential duties, the breach of which jeopardises the achievement of the purpose of the contract, and for the breach of duties whose fulfilment makes the proper execution of the contract possible in the first place and on whose fulfilment you regularly rely. However, in this case, MGM is only liable for the predictable damage typical for the contract. MGM is not liable for the slightly negligent breach of any duties other than those mentioned in the previous sentences.
The above-mentioned limitations of liability do not apply in the event of injury to life, limb or health, in case of fraudulently concealed defects, nor to defects after assumption of a guarantee of the quality of the product.
Liability under the German Product Liability Act remains unaffected. If the liability is excluded or limited by BSMC, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Rabattcodes, Angebote und Werbeaktionen
We occasionally send discount codes as part of promotional campaigns, for example via email. Every discount code is unique, limited to a single recipient, and non-transferable. The value of a discount code cannot be paid out or reimbursed. Discount codes have a limited validity period which is communicated appropriately at the time of the advertising campaign; this period cannot be extended.
If a discount code expires or becomes invalid in any other way, we cannot issue any replacement codes. Only one discount code can be redeemed per order.
If a discount code is used in an order containing multiple items, the discount will be applied accordingly to the respective, individual product price. In case of returns, only the discounted purchase price is refunded. There is no entitlement to reimbursement of the discount value.
We reserve the right to exclude products and product categories from discount and advertising campaigns.
§ 12 Applicable law
German law applies to deliveries within Germany.