Terms of service

General terms and conditions of business

for purchases in the online shop at https://oyess.de and https://shop.oyess.de

§ 1 General, scope of the General Terms and Conditions

1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order. Unless expressly agreed in writing, different terms and conditions do not apply.

1.2 The contractual partner is OYESS Beauty GmbH, Eichenstraße 24, 20259 Hamburg, represented by the managing directors Nadja King and Anna Breidt (hereinafter “Seller”).

1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, act in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract, conclusion of the contract

2.1 You can order from us by email or in our online shop. Our offer is binding. By placing your order, you accept our offer to conclude a contract under the conditions stated in the item description. The contract is concluded immediately when your order is sent to us. You will receive an order confirmation by email.

2.2 For orders by email: After receiving your order, we will send you an order confirmation by email. When ordering by email, you must provide us with your email address in addition to your postal address.

2.3 The following applies to orders in our online shop:
Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or product image. By clicking the [Add to cart] button you can add the item to the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the [Shopping cart] button and the [Show shopping cart] button. You can remove or change the products from the shopping cart by changing the quantity or clicking the [x] button and the [Update shopping cart] button. If you want to purchase the products in the shopping cart, click on the [Continue to checkout] button on the “Shopping Cart” page.

During the further ordering process, you enter your billing details and, if necessary, a different delivery address or log in to an existing customer account. There is always the option to set up a customer account. You then choose a payment method and at the bottom of the page under “Your order” you will receive another overview of your order details and you can check all the information again and delete or change it under [Edit order]. You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting again. To complete the purchase, you must accept our general terms and conditions and confirm your knowledge of the cancellation policy and press the [Buy Now] button. In doing so, you send the order to us, through which the contract comes into effect immediately. We will then send you a confirmation of receipt of your order by email.

§ 3 Storage of the text of the contract

We save your order, the order data you entered and the entire contract text. We will send you an order confirmation with all order details by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. Finally, you have access to the orders you have placed at any time via your customer account.

§ 4 Right of withdrawal for consumers

The following statutory right of withdrawal only applies to distance selling consumers:

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
If you have ordered several goods as part of a single order and they are delivered separately, the period begins to run from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or . has. If goods are delivered in several partial shipments or pieces, the deadline begins to run from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last partial shipment or last piece .

In order to exercise your right of withdrawal, you must inform us (OYESS Beauty GmbH, Eichenstraße 24, 20259 Hamburg, telephone: +49 (0) 40 6077 9624, email: info(at)oyess.de) by means of a clear declaration (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

§ 5 Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

An
OYESS Beauty GmbH
Eichenstrasse 24
20259 Hamburg
Email: info(at)oyess.de

I/we (*) hereby revoke the purchase contract concluded by me/us (*).

the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

Datum
(*) Delete where not applicable.

§ 6 prices and shipping costs

All prices include VAT plus shipping costs. We deliver with German Post or another provider of our choice.

6.1. The delivery and shipping costs throughout Germany are a flat rate of EUR 3.95. From an order value of EUR 25.00, delivery is free throughout Germany.

§ 7 Terms of Delivery

7.1 We deliver from a minimum order value of EUR 6.00.

7.2 We only deliver within Germany.

7.3 If you pay in advance, unless otherwise stated in the offer, the goods will be delivered to the delivery address you provided within 3-5 days of handing over your transfer order to your bank. For all other payment methods, unless otherwise stated in the offer, the goods will be delivered within 3-5 days of delivery of the order confirmation.

§ 8 Terms of Payment

8.1 Payment can be made in advance by bank transfer, via Shopify Payments, Amazon Pay, Apple Pay, Google Pay, Sofort, Klarna, PayPal or via a credit card provider. We reserve the right to exclude individual payment methods.

8.1.1. If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.

8.1.2 For any other payment method, you will be redirected directly from the ordering process to the respective provider's website. You will then be redirected directly to the payment page and confirm the payment instruction to us. After placing the order, the payment provider is requested by us to initiate the payment transaction and carries out this automatically. When paying by credit card, the credit card or the specified account is debited immediately after the order is placed and your identification as the legitimate credit card holder.

8.2 For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 If you are a consumer, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate when late payment occurs. If you are not a consumer, the interest rate during late payment is 9% points above the base interest rate. In addition, we are entitled to claim a flat rate damages amount of €40 from entrepreneurs in the event of late payment. We reserve the right to prove and claim higher damages caused by the delay.

§ 9 Warranty

9.1 If you are a consumer, the warranty is in accordance with the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately after delivery, to the extent that this is possible in the normal course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery, otherwise the goods are deemed to have been approved even in view of this defect. § 377 HGB remains unaffected. The customer is not released from his obligation to inspect even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If in such cases he does not immediately report the defect claimed by his customer, the goods are deemed to have been approved even in view of this defect.

9.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the legitimate interests of the customer. For these contracts, supplementary performance is deemed to have failed after the third unsuccessful attempt. This section does not apply in the case of recourse according to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, to the extent that these do not increase due to the item being taken to a location other than that The customer's headquarters or commercial branch to which the delivery was made was taken. This section does not apply in the case of recourse according to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to § 478 BGB and also not for claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 10.2 to 10.8:

10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.

10.2.2 If we or our representatives or vicarious agents have slightly negligently violated an obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability is limited to the foreseeable , the damage that typically occurs is limited.

10.2.3 Unless otherwise specified in sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same also applies if recourse claims are asserted against us as suppliers in accordance with Section 478 of the German Civil Code (BGB).

10.3 The exclusions and limitations of liability under Section 10.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 10.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee event has occurred or the procurement risk has been realised.

10.5 The correct and timely delivery by the supplier remains reserved unless the seller is responsible for the incorrect and/or late delivery.

10.6 Unless the limitation of liability in accordance with Section 10.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur completely, we are obliged to be liable up to the amount insured. This section does not apply in the event of culpable injury to life, body or health.

10.7 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

10.8 A reversal of the burden of proof is not associated with the above regulations.

§ 11 Customer Service

If you have any questions, complaints or complaints, please contact us. You can reach us by email at info@oyess.de or using the contact form on our homepage.

§ 12 Legal system, place of jurisdiction

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2 For consumers, this choice of law only applies to the extent that it does not remove mandatory provisions of the law of the country in which they have their habitual residence.

12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of our company in D-20259 Hamburg

§ 13 Miscellaneous

13.1 The contract language is German.

13.2 If one or more provisions of these General Terms and Conditions are invalid, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the legal regulations.

§ 14 Legal information on alternative dispute resolution

The EU Commission has set up a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
We always want to resolve differences of opinion about the service we provide amicably and out of court. However, we are not obliged to take part in a dispute resolution procedure before a consumer dispute resolution board and unfortunately we cannot offer you participation in such a procedure.