Terms of service
Terms and Conditions
1) Scope
1.1
These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Sunam Sharma, trading as "Shardaria Beauty" (hereinafter referred to as the "Seller"), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods presented in the Seller's online shop.
The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3
An entrepreneur within the meaning of these 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.
2) Conclusion of Contract
2.1
The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2
The Customer may submit an offer via the online order form integrated into the Seller's online shop.
By placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3
The Seller may accept the Customer's offer within five days by:
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Sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), whereby receipt of the confirmation by the Customer is decisive; or
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Delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
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Requesting payment from the Customer after the order has been submitted.
If several of the above alternatives apply, the contract is concluded at the time when the first of the above alternatives occurs.
The acceptance period begins on the day after the Customer submits the offer and ends at the expiration of the fifth day following submission.
If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.
2.4
If a payment method offered by PayPal is selected, payment processing shall be carried out via:
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
The applicable PayPal User Agreement shall apply.
In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.
2.5
The contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email).
No further access to the contract text is provided by the Seller.
If the Customer has created a customer account before submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account.
2.6
Before submitting a binding order, the Customer may identify and correct input errors using the standard keyboard and mouse functions available during the ordering process.
A browser zoom function may help to identify input errors more easily.
2.7
Different languages may be available for the conclusion of the contract. The specific language options available are displayed in the online shop.
2.8
Order processing and communication generally take place via email and automated order processing systems.
The Customer must ensure that the email address provided for order processing is correct and capable of receiving emails sent by the Seller.
In particular, when using spam filters, the Customer must ensure that emails sent by the Seller or third parties commissioned by the Seller can be delivered.
3) Right of Withdrawal
3.1
Consumers are generally entitled to a statutory right of withdrawal.
3.2
Detailed information regarding the right of withdrawal can be found in the Seller's Cancellation Policy.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the Seller's product description, all prices shown are total prices and include the applicable statutory value-added tax (VAT).
Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2
The available payment methods are communicated to the Customer in the Seller's online shop.
4.3 Shopify Payments
If a payment method offered via Shopify Payments is selected, payment processing shall be carried out by:
Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland
Additional payment service providers may be used by Stripe. Separate terms and conditions may apply.
Further information can be found at:
https://www.shopify.com/legal/terms-payments
4.4 Apple Pay
If a payment method offered via Apple Pay is selected, payment processing shall be carried out by:
Apple Distribution International
Hollyhill Industrial Estate
Hollyhill
Cork
Ireland
Further information is available at:
https://www.apple.com/apple-pay/
4.5 Google Pay
If a payment method offered via Google Pay is selected, payment processing shall be carried out by:
Google Ireland Limited
Gordon House
4 Barrow Street
Dublin D04 E5W5
Ireland
Further information is available at:
5) Delivery and Shipping Conditions
5.1
If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.
The delivery address specified during the order process shall be decisive.
5.2
If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.
This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal.
For return shipping costs in the event of a valid withdrawal, the provisions set out in the Seller’s Cancellation Policy shall apply.
5.3
If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them.
Notwithstanding the above, the risk shall pass to the Customer even if the Customer is a consumer when the Customer independently commissions the carrier, freight forwarder, or other transport provider and the Seller has not previously named that person or institution.
5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.
This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care.
The Seller shall make all reasonable efforts to procure the goods.
In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and any payments already made shall be refunded without delay.
5.5
Collection of goods by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price has been received.
7) Statutory Warranty (Defects Liability)
Unless otherwise stated below, the provisions of statutory warranty law shall apply.
The following provisions shall apply to contracts for the delivery of goods:
7.1 If the Customer is an Entrepreneur
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The Seller shall have the right to choose the method of subsequent performance.
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For new goods, the limitation period for defect claims shall be one year from delivery of the goods.
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For used goods, warranty rights are excluded.
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The limitation period shall not recommence if a replacement delivery is made within the scope of defect liability.
7.2 Exceptions
The above limitations of liability and shortened limitation periods shall not apply:
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To claims for damages and reimbursement of expenses.
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If the Seller has fraudulently concealed a defect.
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To goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective.
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To any obligation of the Seller to provide updates for digital products or goods with digital elements.
7.3
For entrepreneurs, the statutory limitation periods relating to any legal recourse claims shall remain unaffected.
7.4
If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB.
If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.
7.5
If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and inform the Seller accordingly.
Failure to do so shall not affect the Customer's statutory or contractual warranty rights in any way.
8) Liability
8.1 Unlimited Liability
The Seller shall be liable without limitation on any legal grounds:
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In cases of intent or gross negligence.
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In cases of intentional or negligent injury to life, body, or health.
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Under a guarantee promise, unless otherwise specified.
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Under mandatory statutory liability, such as under the German Product Liability Act.
8.2 Liability for Breach of Essential Contractual Obligations
If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under Section 8.1 above.
Essential contractual obligations are obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the Customer may regularly rely.
8.3 Exclusion of Further Liability
Any further liability of the Seller is excluded.
8.4 Employees and Representatives
The above liability provisions shall also apply to the Seller's employees, agents, legal representatives, and vicarious agents.
9) Redemption of Promotional Vouchers
9.1
Vouchers issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by customers (hereinafter "Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the specified validity period.
9.2
Certain products may be excluded from voucher promotions if such restrictions are stated in the promotional voucher.
9.3
Promotional vouchers must be redeemed before the completion of the order process. Retroactive redemption is not possible.
9.4
Only one promotional voucher may be redeemed per order.
9.5
If a promotional voucher relates to a fixed value rather than a percentage discount, the order value must at least equal the voucher value. Any remaining credit will not be refunded by the Seller.
9.6
If the value of the promotional voucher is insufficient to cover the order amount, one of the other payment methods offered by the Seller may be used to pay the difference.
9.7
Promotional voucher balances are not paid out in cash and do not accrue interest.
9.8
A promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the voucher within the scope of their statutory right of withdrawal.
9.9
Promotional vouchers are transferable.
The Seller may make payment with discharging effect to the respective holder redeeming the voucher in the Seller's online shop.
This shall not apply if the Seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, legal incapacity, or lack of authority to represent.
10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.
For consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
