These general terms and conditions shall apply to all NEC PLUS ULTRA COSMETICS GmbH contracts which are concluded via our online shop www.sbt-cosmetics.com (“online shop”). Deviating terms and conditions of the customer existing outside of these general terms and conditions shall not apply. NEC PLUS ULTRA COSMETICS GmbH will only accept deviating terms and conditions after confirming their applicability in writing.
The online shop is intended for consumers. Under the statutory definition of section 13 of the BGB (German Civil Code) a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance professional activities. If you are not a consumer we invite you to register in our distributor portal.
2 Contract partner, customer service
The sales contract is being concluded with
NEC PLUS ULTRA COSMETICS GmbH.
20354 Hamburg, Germany
Management: Gilles Nouailhetas
District court Hamburg, HRB 125874
You can find further information about us in the imprint. You can reach our customer service for questions, claims and complaints Mondays – Fridays 08:00 a.m. – 12:00 p.m. and 1:30 p.m. – 05:00 p.m. under the following phone number +49 (0) 40 350 850 544 (free of charge).
3 Registration; Newsletter
3.1 By registering with your email address and a personally selected password, you can open a user account in our online shop. You can do so within the framework of the order process, however, also regardless of an order. However, you can also order products in our online shop without opening a user account.
3.2 Within the framework of the registration process we will send you an email containing a confirmation link. The registration process will only be completed once you have clicked on this link. We will then set up a user account for you, in which you will be able to manage and update customer data, such as your delivery address.
3.4 If the customer registers for the online shop he is obliged to provide all personal information completely and truthfully. The customer must take care that all of his personal access data is kept confidential and that unauthorized third parties do not gain access to this data.
3.5 The customer may only open one user account on the website of NEC PLUS ULTRA COSMETICS GmbH. NEC PLUS ULTRA COSMETICS GmbH reserves the right to delete multiple registrations and to warn the customer or to delete the customer’s user account in case of a breach of this section 3.5.
4 Contract conclusion
4.1 The presentation of products in the online shop represents a non-binding invitation to the customer to make a purchase offer. The customer can select products from the product assortment in the online shop and collect these in a so-called cart by means of the “add to cart“ button. By clicking on the button “proceed to checkout“, the customer will reach the input mask into which the billing address and delivery address, delivery option and payment method can be inserted.
4.2 Before sending the order the customer can change and look at the data at any time. After entering the necessary data und clicking on the button “continue”, an order summary will be shown to the customer. By clicking the button “buy now” located directly beneath the order summary, the customer will place a binding order to purchase the goods in his cart. However, the order can only be placed and transmitted if the customer has agreed to the applicability of these general terms and conditions by checking the corresponding checkbox.
4.3 The NEC PLUS ULTRA COSMETICS GmbH will then send an automatic acknowledgement of receipt to the customer via email in which the customer’s order will be listed once more and which the customer can print via the function “print“. The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the NEC PLUS ULTRA COSMETICS GmbH and does not constitute any acceptance of the order. The contract will only be concluded once the NEC PLUS ULTRA COSMETICS GmbH has submitted a declaration of acceptance which will be sent via separate email (order confirmation).
4.4 The conclusion of the contract is possible in the German, French or English language. We will send you the order data and our general terms and conditions via email. You can also find them on this website and download them at any time. If you have an account you will also be able to look at your past orders there.
5 Delivery, no packing stations
We deliver free of charge within Germany, Austria and France. Shipping costs for further countries can be found in our shipping costs overview. The products can only be delivered to you and not to packing stations (“Packstation”). A collection of the goods by the customer himself is not possible. You will find the shipping costs on our shipping costs page.
6.1 Payment will be made via credit card, PayPal or possibly on account. Your credit card will be charged upon conclusion of the order. Payment by means of PayPal requires a PayPal account which can be set up in the course of the order process. In the case of invoices, payment is handled by service provider Billpay, to whom the invoice amount must be paid.
6.2 Payment via invoice and financing
In cooperation with Klarna, Sveavägen 46, 111 34 Stockholm, Sweden, we offer you invoice and payment in instalments as payment options. Please be aware that Invoice and Part Payment are only available for consumers and that the payment is to be made to Klarna.
When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. The complete terms and conditions you can find her. The online shop charges a fee of 0,00 € for invoice purchases.
With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. Further information regarding Part Payment including terms and conditions and Standard European Consumer Credit Information you can find her.
Data Protection Notice
Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.
7 Procurement risk and delivery times
7.1 The NEC PLUS ULTRA COSMETICS GmbH does not assume any risk of procurement. The NEC PLUS ULTRA COSMETICS GmbH is only obliged to deliver from its inventory and to carry out the ordered delivery of goods.
7.2 If the delivery is affected by force majeure, the delivery time will be extended accordingly. The following situations, among others, count as force majeure: industrial disputes, lock-outs, interventions by authorities, transport bottlenecks, war, unforeseeable shortage of energy and raw materials, unforeseeable operational disturbances (e.g. fire, water, and damages to machinery) and other events for which the NEC PLUS ULTRA COSMETICS GmbH is not responsible when viewed objectively. The NEC PLUS ULTRA COSMETICS GmbH will immediately inform the customer on the beginning and end of such occurrences. Should this hindrance of services caused by force majeure last for more than four (4) weeks from the original delivery date, the customer will be entitled to withdraw from the contract. Any further claims are excluded.
7.3 When the NEC PLUS ULTRA COSMETICS GmbH delivers to a consumer, the risk of accidental loss or risk of accidental deterioration of the ordered goods will not be transferred onto the consumer or a recipient selected by him until the goods have been received. This shall apply regardless of whether the shipping of the goods is insured or not.
7.4 In case an ordered item is not available for delivery because our supplier failed to deliver these items to us through no fault of ours despite his contractual obligation, the obligation to deliver shall cease to exist and we will be entitled to withdraw from the contract, if the customer was informed about this immediately, unless we assumed an unlimited procurement risk. In the event of a deterioration of the obligation to deliver the customer will immediately be reimbursed for any payments he has already made according to this section 7.4.
8 Retention of title / reservation of ownership
Until all the claims from the contract have been fulfilled, the goods will remain our property.
Subject to section 11, the statutory warranty provisions shall apply.
10 Transport damages
We kindly ask that if any of the goods that are delivered to you have obvious transport damages, to please make an immediate complaint to the delivery agent and please contact us immediately. IMPORTANT: For the purpose of your legal claims and their enforcement, especially of your warranty rights, not making such a complaint and/or contacting us does not have any consequences whatsoever. However, by making a complaint and contacting us, you support us in asserting our claims towards the freight carrier or transport insurance.
11.1 Claims by the customer for damages are excluded. This does not include damage claims by the customer arising from injury to life, body or health or a breach of substantial contractual obligations (cardinal obligations) as well as the liability for other damages arising from deliberate or grossly negligent breaches of duty by the NEC PLUS ULTRA COSMETICS GmbH, its legal representatives or agents. For the purpose of these general terms and conditions cardinal obligations are those obligations that enable the proper implementation of the contract and the fulfillment of its purpose and on the performance of which the customer may therefore regularly rely.
11.2 In the event of a breach of substantial contractual obligations the NEC PLUS ULTRA COSMETICS GmbH shall only be liable for the contractually typical, foreseeable damages if these were caused by simple negligence, unless the matter involves claims for damages by the customer arising from injury to life, body or health.
11.3 Claims pursuant to the German Product Liability Act as well as guarantees, which must expressly be designated as such in order to be considered guarantees in the legal sense, shall remain unaffected.
11.4 The restrictions from section 11.1 and 11.2 also apply in favor of the legal representatives and agents of the NEC PLUS ULTRA COSMETICS GmbH if claims are lodged directly against them.
12 Right of return
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
NEC PLUS ULTRA COSMETICS GmbH,
Durchschnitt 12, 22146 Hamburg,
Tel.: +49 (0) 40 350 85 544,
Fax: +49 (0) 40 350 85 549,
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We will collect the goods. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
NEC PLUS ULTRA COSMETICS GmbH
+49 (0) 40 350 85 549
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
End of Rights or return.
13 Contract text storage
We will save the contract text and send you the order data and our general terms and conditions via email. You can read our general terms and conditions at any time on the website of our online shop. Due to safety reasons your past orders will no longer be accessible via the internet, except if you have created a user account.
14 Contract language
The languages provided for the conclusion of the contract are German, English and French.
15 Place of jurisdiction and governing law
15.1 The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
15.2 The place of jurisdiction will be determined in accordance with the statutory provisions. However, in the following cases of section 14.2.1 and 14.2.2, the sole place of jurisdiction for all disputes arising from or in connection with this contract shall be Cologne.
15.2.1 The customer is consumer and does not have a general place of jurisdiction in Germany or in another EU member state, or moved his permanent place of residence abroad after these general terms and conditions became effective or his place of residence or usual whereabouts are unknown when the legal action is filed.
15.2.2 The customer is an entrepreneur.
16 Amendments of the contract, severability clause
16.1 NEC PLUS ULTRA COSMETICS GmbH reserves the right to amend these general terms and conditions with effect for the future. NEC PLUS ULTRA COSMETICS GmbH will send you the amended general terms and conditions via email at least four weeks before coming into force and will point out the intended applicability of these new general terms and conditions, the implemented amendments as well as your right to object to the applicability of these general terms and conditions. If you do not object to the applicability of these new general terms and conditions within six weeks after the effective date mentioned in the announcement, the new general terms and conditions will be considered to be accepted. NEC PLUS ULTRA COSMETICS GmbH will separately inform you on the meaning of the six-week-period, the right of objection and the legal consequences of silence in the announcement email. This change mechanism does not apply to changes made to the main contractual obligations of the parties.
16.2 Should individual provisions of these general terms and conditions be or become ineffective and/or contradict the statutory regulations, the effectiveness of the general terms and conditions apart from this will remain unaffected. The ineffective provisions will be mutually replaced by the contractual parties with a provision which comes closest to the economic purpose of the ineffective provision in an effective manner. The aforementioned regulation shall apply accordingly in the event of regulation gaps.
NEC PLUS ULTRA COSMETICS GmbH
Email address: firstname.lastname@example.org
Commercial register: District Court Hamburg, HRB 125874
VAT identification no.: DE283898627