Scope
These general terms and conditions (hereinafter “GTC”) of the company Maniküre • Pediküre • Fusspflege, Goethestraße, 58-68 • 39012 Meran • Südtirol / Italien (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) enters into a contract with us as a seller via our online shop https://maniküre-pediküre-fusspflege.com (hereinafter “online shop”) with regard to the goods presented by us in our online shop. Unless expressly agreed otherwise, the customer’s own terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Conclusion of contract
1. Communication and order and contract processing takes place exclusively via email and/or by post. If you have any questions, please use our contact page. You will receive a response to all inquiries via email within 24 hours. If there are urgent concerns, the customer will also be contacted personally. After the third order, a clerk is automatically assigned to each customer and the necessary contact details with a direct telephone number are provided via email.
2. The product representations contained in the seller’s online shop do not represent binding offers from the seller, but rather serve to make a binding offer by the customer.
3. By placing an order via the online order form integrated into the seller’s online shop, the customer can make a binding offer to purchase the product in question. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the final “Buy Now” button, which completes the ordering process .
4. The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email) (the decisive factor here is the receipt of the order confirmation by the customer), or he delivers the ordered goods to the customer (the decisive factor here is the receipt of the goods by the customer). In case of doubt, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within this period, this is considered a rejection of the offer and the customer is no longer bound by his declaration of intent.
5. The contract text is saved by the seller and sent to the customer in text form after sending his order along with these General Terms and Conditions. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account in the login area, provided that the customer has created a customer account in the seller’s online shop before sending his order. The customer can view, download, print or save the General Terms and Conditions at any time – even before the contract is concluded – under the General Terms and Conditions link. The contract language is available in German / French / English and in Italian.
6. As part of the electronic ordering process, the customer can avoid possible input errors by reading carefully and using the browser’s magnification function. The entries can be corrected using the keyboard and mouse functions until the order button is finally pressed, i.e. the ordering process is completed.

Prices and payment terms
1. All prices in the online shop are total prices in EUR or USD and do not include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
2. For deliveries to countries outside the European Union, additional costs may arise in individual cases that must be borne by the customer, such as taxes in connection with import (e.g. customs duties) or costs for money transfer.
3. The payment methods displayed when completing the ordering process are available to the customer.
4. If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. When paying via PayPal, payment is processed via the service provider PayPal (Europe) S.à r.l.
6. When paying by credit card, debit card or prepaid card, payment is processed via the service provider Stripe or Mollie

Delivery terms
1. Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.
2. The goods are delivered by GLS as an insured package, unless expressly agreed otherwise.
3. Delivery will take place at the latest within five working days (Monday to Friday, with the exception of federal holidays) after the payment order has been issued to the transferring credit institution in the case of advance payment or after conclusion of the contract in the case of cash on delivery or purchase on account. The shipping costs and delivery times are displayed when ordering.
4. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.
5. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.

Warranty
1. If the purchased item is defective, the provisions of statutory liability for defects apply to consumers.
2. If the customer is an entrepreneur, i.e. if the customer places his order in the exercise of his commercial or independent professional activity, claims for defects expire within 12 months of the delivery of the goods. Excluded from this are claims due to injury to life, body or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
3. The assignment of claims for defects is excluded unless the customer is a consumer.

Liability
The seller is fully liable for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraud and guarantee promises and if liability is based on mandatory legal regulations, such as the Product Liability Act.

If the seller has negligently breached an essential contractual obligation, the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. If the seller has negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the value of the order. The above limitations of liability also apply to the seller’s vicarious agents.

Retention of title
The goods remain the property of the seller until they have been paid for in full.

Applicable law and place of jurisdiction agreement
1. The contract in accordance with these General Terms and Conditions of Business and Delivery is subject exclusively to substantive law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer and has his habitual residence abroad, the mandatory provisions of that country remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller’s registered office.

Severability clause
Should a provision be wholly or partially invalid or later lose its legal validity, this will not affect the effectiveness of the remaining provisions. The statutory regulations apply in place of the invalid provision.

Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS). You can find this portal here: http://ec.europa.eu/consumers/odr/.

The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.