Terms and Conditions

§ 1 Scope, Definitions

(1) Katarzyna Sür, Grimmelshausenweg 12, 76571 Gaggenau, Germany (hereinafter referred to as “we” or “KS Beauty”) operates an online store for goods at https://ksbeauty-shop.com. The following General Terms and Conditions apply to all transactions between us and our customers (hereinafter referred to as “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer,” as used in these Terms and Conditions, means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. “Business entity” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and assume obligations.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online store at https://ksbeauty-shop.com.

(2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to enter into a contract.

(3) The following rules apply when an order is placed in our online store: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online store. The ordering process consists of the following steps:

  1. Select the desired items,
  2. Add products by clicking the corresponding button (e.g., “Add to Cart,” “Add to Shopping Bag,” or similar),
  3. Reviewing the items in the shopping cart,
  4. Access the order summary by clicking the corresponding button (e.g., “Proceed to Checkout,” “Proceed to Payment,” “View Order Summary,” or similar),
  5. Entering/verifying address and contact information, selecting a payment method, confirming the Terms and Conditions and the Right of Withdrawal Policy,
  6. If the agreed-upon quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Complete your order by clicking the “Buy Now” button. This constitutes your binding order.
  8. The contract is concluded when you receive an order confirmation from us at the email address you provided within three business days.

(4) If a contract is concluded, it is entered into with Katarzyna Sür, Grimmelshausenweg 12, 76571 Gaggenau, Germany.

(5) Before placing an order, you may print out the contract details using your browser’s print function or save them electronically. The order processing and transmission of all information required in connection with the conclusion of the contract—in particular the order details, the Terms and Conditions, and the cancellation policy—will take place via email after you submit the order, in part automatically. We do not store the text of the contract after it has been concluded.

(6) Input errors can be corrected using the standard keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). You can also correct them by canceling the order process early, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out in part automatically via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.

§ 3 Subject Matter of the Contract and Essential Characteristics of the Products

(1) In our online store, the subject matter of the contract is:

  1. The sale of goods. You can find the specific goods we offer on our product pages.

(2) The essential characteristics of the goods are set forth in the product description. If the agreed-upon quality of the goods deviates from their usual quality and conditions of use, this will be expressly noted in the product description (negative quality agreement). To the extent that the customer has given their express consent to the negative deviation in quality, this deviation defines the subject matter of the contract.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The applicable purchase price must be paid before the product is delivered (prepayment), unless we expressly offer purchase on account. The payment methods are listed under a button with the corresponding label in the online store or in the respective offer. Unless otherwise specified for the individual payment methods, payment is due immediately.

(3) In addition to the listed prices, shipping charges may apply for the delivery of products, unless the respective item is marked as shipping-free. The shipping charges will be clearly stated again in the offers, in the shopping cart system (if applicable), and in the order summary.

(4) Unless otherwise clearly stated in the product description, all products offered are ready to ship immediately (delivery time: OVERVIEW – upon receipt of payment).

(5) The following delivery area restrictions apply: We ship to the following countries: worldwide.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. With regard to return shipping costs, the provision set forth in our withdrawal policy shall apply if you effectively exercise your right of withdrawal.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a consumer, you have the right to cancel. This right is governed by our cancellation policy.

§ 7 Language of the Contract

German is the only language available for the contract.

§ 8 Liability

(1) Subject to the exceptions set forth below, our liability for breaches of contractual obligations and for torts is limited to cases of willful misconduct or gross negligence.

(2) We shall be liable without limitation in cases of slight negligence resulting in death, bodily injury, or harm to health, or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, our liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contract’s purpose, and on whose compliance you may reasonably rely. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance described in § 3.

§ 9 Warranty/Customer Service

(1) The warranty is governed by the provisions of law.

(2) For business customers, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are asked to inspect the item, digital goods, or service provided immediately upon fulfillment of the contract to ensure they are complete and free of obvious defects or shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.

(4) Our customer service team is available to answer your questions and handle your complaints and claims via WhatsApp Support: daily from Monday through Sunday, 9:00 a.m. to 7:00 p.m., at +49 1520 4852049.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability).

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.

(3) 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 provider shall be the provider’s place of business.

(4) We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.