General Terms
Scope
The following general terms and conditions apply to all orders from consumers and entrepreneurs made via the online shop.
A consumer is any legal entity that concludes a legal transaction for a purpose that cannot be predominantly ascribed to a commercial or independent business activity. An entrepreneur is a natural person or a legal entity or a private company that concludes a legal transaction in the course of carrying out a trade or an independent professional activity.
These general terms and conditions shall also apply for future business relationships for entrepreneurs without us having to refer to them again. If the Contractor uses opposing or supplementary general terms and conditions, the validity of those is hereby refuted; they will only become part of the contract if we have expressly consented to it.
Contractual Partner & Contract Conclusion
The sales contract is concluded with andmetics GmbH.
By placing the products in the online shop, we submit a binding offer to conclude the contract. You can initially place our products without obligation into the shopping basket and correct your entries at any time before submitting your binding order by using the corrective aids provided for this purpose in the order process. The contract is concluded when you accept the goods contained in the shopping basket by clicking the order button. You shall receive an email confirmation immediately after sending the order.
A binding contract can also be concluded as follows:
If you have chosen to pay by credit card, the contract shall be concluded at the time the credit card is charged. If you have chosen to pay by PayPal, the contract shall be concluded at the time of your confirmation of payment instructions to PayPal.
If you have chosen to pay by SOFORT bank transfer, the contract shall be concluded at the time of confirmation of payment instructions to SOFORT GmbH.
The languages available for the contract are German and English.
The contract is not stored by us.
Delivery Conditions
Shipping costs are added to the indicated product prices. You will find out more about the amount of shipping costs in the offers.
We only delivery by post. Collection by the customer is unfortunately not possible.
We do not deliver to Packstations.
Payment
The following payment types are available in our shop:
Credit card
Your credit card will be charged when the order is concluded.
PayPal
You pay the invoice via the online service provider PayPal. You generally have to be registered with them or register, authenticate with your access data and confirm payment instructions to us. You will receive further information in the order process.
SOFORT transfers
We also offer SOFORT transfer. We receive the credit transfer immediately. The entire order process is accelerated because of this. For this process you just need an account number, sort code, PIN and TAN. Using the secure payment form from SOFORT GmbH, which is not accessible by the merchant, SOFORT makes a transfer automatically and in real time from your online bank account. The purchase amount is immediately and directly transferred to the merchant’s bank account. A pre-filled form opens at the end of the order process when selecting the SOFORT transfer payment method. It already contains our bank details. Furthermore, the transfer amount and reason for payment are already shown in the form. You now have to select the country in which you have your online banking account and enter the sort code. You then enter the same data as for the login for online banking (account number and PIN). Confirm your order by entering the TAN. The transaction is confirmed immediately afterwards. Internet users can generally only use SOFORT transfer as a payment type if he/she has an activated online banking account with PIN/TAN. Please note that SOFORT transfer is not yet available at some banks. You will find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
Amazon PAY
If you choose the payment method "Amazon Payments", the payment will be processed by the payment service Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg ("Amazon"), subject to the Amazon Payments Europe User Agreement, available at https: // payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
Right of Revocation
Consumers are entitled to the right of revocation as described in the revocation information. Entrepreneurs are not granted a voluntary right of revocation.
Reservation of Title
The goods shall remain our property until full payment is made.
In addition, the following applies to entrepreneurs: The goods shall remain our property until full payment of all receivables from one ongoing business relationship. You may resell the reserved goods in the normal course of business; all accounts receivable arising from this resale will be transferred to us in advance – irrespective of a connection or mixing of the reserved goods with a new item – to the invoice amount and we shall accept this assignment. You remain authorised to collect the accounts receivable, however we may also collect accounts receivable ourselves, if you fail to meet your payment obligations.
Transport Damage
If goods with obvious transport damage are delivered, please report such errors to the delivery company as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or transport insurance.
Warranty & Guarantees
Statutory warranty rights apply. Information about any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the shop.
Online Dispute Resolution
Online dispute resolution in accordance with Article 14 Para. 1 ODR European Community Regulation: The European Commission has provided a platform for online dispute resolution (ODR), which you will find at http://ec.europa.eu/consumers/odr/ .
Final Provisions
If you are a merchant within the meaning of the German Commercial Code, a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office. Alternative dispute resolution in accordance with Article 14 Para. 1 ODR European Community Regulation and Section 36 Consumer Dispute Resolution Act (VSBG): The European Commission has provided a platform for online dispute resolution (ODR), which you will find at http://ec.europa.eu/consumers/odr/ . We are not obligated and are unwilling to participate in dispute resolution proceedings before a consumer conciliation board.
Give-away
The organizer and person responsible for the implementation of the competition is andmetics GmbH, Peintnerstraße 5, 4060 Leonding. The competition has no connection to Instagram and is in no way sponsored, supported or organized by Instagram. All questions, comments or complaints about the competition should not be directed to Instagram, but to andmetics GmbH. The competition #GNTM consists of (competition 1) cosmetic bag including andmetics # GNTM Edition products + autograph card, (competition 2) XXL box including annual supply of andmetics waxing products, and is based on the following conditions:
1. Participation
The closing date for entries for competition 1 is Wednesday, May 12, 2021 at midnight. The closing date for entry into competition 2 is Wednesday, June 03, 2021 at midnight. Participation is free and independent of a purchase or any other contract. Participation takes place by commenting on a picture & marking friends. The official Instagram account of andmetics GmbH @andmetics_official must also be subscribed to.
2. Eligibility
Eligible are persons who have their permanent residence in Austria, Germany & Switzerland and are at least 18 years old when participating. Andmetics GmbH employees are excluded from participation.
3. Third Party Rights
The participants ensure that they have the necessary rights of use for the photos to participate in the competition and that the photos are not contrary to legal regulations, morality (i.e. in particular not threatening, offensive, racist, defamatory, offensive, obscene) and / or violate the rights of third parties. Only the participating person should be recognizable on the photos and videos. If the participant is not the photographer of the picture / video, participation is only permitted if the other people involved in the creation of the photo / video agree to the photo / video taking part in the competition and the associated publication.
4. Distribution of profits
The winners will be selected by a jury from among all participants who meet the conditions. The prizes are non-transferable and will not be paid out in cash.
5. Prize notification
The 5 winners of competition 1 will be notified of the prize by the organizer via Instagram Direct Message on Thursday, May 13th, 2021 at 8:15 p.m. In order to accept the prize, the winners must send their full name and current postal address to the organizer via Instagram Direct Message by Monday, May 17th, 2021, midnight. The winner of competition 2 will be notified of the win by the organizer via Instagram Direct Message on Thursday, June 03rd, 2021 at 8:15 p.m. In order to accept the prize, the winner must send their full name and current postal address to the organizer via Instagram Direct Message by Monday, June 07th, 2021, midnight. If the winners fail to do so, the entitlement to surrender of the prize no longer applies. A substitute winner will not be determined. The winners are responsible for the correctness of their contact details. Successful delivery is not guaranteed. Subsequent shipping in the event of non-delivery is not provided. Due to the current situation, there may be a delay in sending the prize.
6. Granting of Rights
The participants grant the company andmetics GmbH a simple, temporally and spatially unlimited, but non-exclusive right to use the posted image and / or video in order to use the image and / or video on the Instagram page @andmetics_official as a regram, ie. to post with the identification of the author and his Instagram channel in order to announce the winner of the competition. To display the picture and / or video on the website https://www.andmetics.com/home-retail operated by andmetics GmbH on the competition and the winner of the competition and to make product suggestions to the customers of andmetics GmbH that are related to the winning picture / video . The participants declare that they agree that the Instagram names of the participants may also be mentioned within the scope described above.
7. Exclusion of Participants
Posts that violate Instagram guidelines, Austrian law and / or copyright will not be considered in the competition. The participant is thus excluded from winning. Discriminatory and insulting comments of all kinds are also excluded from participation in the competition. The organizer reserves the right to refuse participants who use multiple e-mail addresses, Instagram accounts or the like to increase the chances of winning, technically manipulate the competition or the course of the game or otherwise violate these conditions of participation, at any time and without prior notice of participation to be excluded from the competition. In the event of exclusion, winnings and advantages can also be subsequently withdrawn and reclaimed. The participation of lottery agencies and other automatically generated bulk mailings is expressly excluded and not taken into account when determining the winners.
8. Disruption and suspension of the competition
The organizer cannot be held responsible for any technical malfunctions, in particular failures of the telephone network, the network, the electronics or the computer. The organizer reserves the right to suspend the competition completely or temporarily if any difficulties arise that endanger the integrity of the competition. The participant accepts necessary changes to the competition that are caused by other factors beyond the control of the companies involved in the implementation of the competition.
9. Data protection
In order to participate in the competition, it is necessary to provide personal data. The participant expressly agrees that the data transmitted by him may be collected and processed for the implementation and processing of the competition. The participant also agrees that he may receive messages relating to andmetics GmbH on the email address he has provided. In the event of a cancellation, the participant will be excluded from the competition. Facebook / Instagram has no connection whatsoever with this competition. Facebook / Instagram is not a contact person for the competition. The judges' decision is final.
10. Legal process and liability
The judges' decision is final. There is no enforceable claim to the payment of winnings. Andmetics GmbH is not liable for the loss, the delay, the delay, the change, the manipulation and / or the misdirection of emails and / or data during the data entry, acquisition, transmission and / or storage, which your Originate in external data networks, in particular the Internet or the WWW, in external telephone lines and / or other hardware and / or software of the participants and / or third parties; this applies in particular to incorrect, missing, interrupted, deleted or defective data. Andmetics GmbH is also not liable for incorrect information that is generated by participants and / or third parties, their hardware and / or software and that is used for the competition or is related to it. In particular, no liability is assumed if e-mails or data entries do not meet the requirements set out there and as a result are not accepted and / or accepted by the system. Furthermore, andmetics GmbH is not liable for the theft or destruction of the systems and / or storage media storing the data or for unauthorized changes and / or manipulation of the data in the systems and / or on the storage media by the participants or third parties. In addition, andmetics GmbH is only liable for gross negligence or willful acts of its legal representatives, employees or vicarious agents. Furthermore, andmetics GmbH is not liable for any damage that occurs to the winner or family member of the winner in connection with the prize. The above disclaimer does not apply to the extent that liability is mandatory, e.g. in cases of willful misconduct, gross negligence, injury to life, limb or health, or the breach of essential contractual obligations. The claim for damages for the breach of essential contractual obligations is limited to the 3 contract-typical, foreseeable damage, unless liability is assumed for intent or gross negligence or for injury to life, limb or health. A change in the burden of proof to the disadvantage of the participant is not associated with the above regulations.
11. Final provision
The competition is subject to Austrian law to the exclusion of the reference standards. Should individual regulations within these conditions of participation be or become ineffective, the effectiveness of the remaining regulations remains unaffected.