General Terms and Conditions of Pam Cosmetics GmbH
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of conclusion of the contract applies to all offers, orders, deliveries and services of Pam Cosmetics GmbH, Kajen 12, 20459 Hamburg (hereinafter referred to only as “Pam Cosmetics”).
1.2. By placing an order, the contractual partner acknowledges the validity of the respective current GTC of Pam Cosmetics. This also applies to any subsequent transactions, unless the contractual partner is a consumer. In the event of confirmation letters and unconditional deliveries or services, deviating general terms and conditions from the contractual partner are hereby also rejected.
1.3. Note pursuant to the Act on Alternative Dispute Resolution in Consumer Matters: The European Commission provides an online dispute resolution platform which can be found at http://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration body.
2. Offers, Prices, Acceptance of Orders, Contract Texts
2.1. All prices are in euros, including VAT.
2.2. The contractual partner makes Pam Cosmetics a binding purchase offer with the order after going through the order process. The contractual partner only places an order by clicking the button “Order subject to a charge”.
2.3. Subsequent changes to orders by the contractual partner must also be confirmed by Pam Cosmetics in writing.
2.4. Pam Cosmetics is entitled to accept orders from the contractual partner, who is not a consumer, only in part by carrying out deviating alterations or restrictions. If the partial acceptance of the order is not acceptable to the contractual partner, the contractual partner is obliged to inform Pam Cosmetics in writing within 3 working days from notification of the deviation or restriction. In this case, the contract shall be deemed not to have been concluded. Otherwise, acceptance of the order shall be deemed to have been approved by the contractual partner. In the case of the sale of consumer goods, the legal regulations apply.
2.5. Contractual texts are written in German. Pam Cosmetics points out that it does not store contractual texts and that they can therefore no longer be made available to the contractual partner after ordering. However, the contractual partner shall receive an order confirmation by e-mail showing the details of the order as well as the GTC. The order confirmation may be printed out or saved by the contractual partner by means of an internet browser or e-mail programme.
3. Terms of Payment and Delay
3.1. Invoices are payable immediately without deduction. This also applies to partial invoices.
3.2. Unless otherwise expressly agreed upon in an individual case, the contractual partner is obliged to make advance payment. As payment methods, Pam Cosmetics offers payment by credit card (Visa, Mastercard), prepayment, Paypal, Giropay and instant transfer using the Sofortüberweisung portal.
3.3. In the event of default of payment, all of the contractual partner’s liabilities towards Pam Cosmetics are due immediately.
4. Shipping and Delivery Times
4.1. The goods are sold ex warehouse. Unless expressly agreed otherwise, the goods will be transported uninsured and at the risk of the contractual partner. In the case of the sale of consumer goods, however, the legal regulations apply.
4.2. If Pam Cosmetics organises the transport, the choice of means of transport shall be made at Pam Cosmetics' best discretion, without assuming any liability for the cheapest and fastest transport, in the absence of a written agreement to the contrary.
4.3. Pam Cosmetics is entitled to make reasonable partial deliveries, insofar as this is acceptable for the contractual partner.
5. Obligation to Inspect and Give Notice of Defects
5.1. The contractual partner must inspect the goods immediately upon receipt and report any apparent defects to Pam Cosmetics without delay. This does not apply to the sale of consumer goods.
5.2. In the event of transport damage, the contractual partner is obliged to assert these claims against the carrier immediately upon receipt of the goods and to record them in writing on the delivery note or the like. This does not apply to the sale of consumer goods.
6. Retention of Title
The goods remain the property of Pam Cosmetics until full payment is made for all of Pam Cosmetics’ claims arising from the business relationship with the contractual partner, unless the contractual partner is a consumer.**7. Right of Withdrawal for Consumer Contracts**
7.1. If a contract is concluded with a consumer by long-distance transaction (telephone, fax, internet, etc.), the following conditions regarding the right of withdrawal apply.
Right of withdrawal
If the contractual partner is a consumer within the meaning of § 13 of the German Civil Code (BGB), the following cancellation policy applies: You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day upon which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us
Pam Cosmetics GmbH
Phone: +4940 308 53 250
Fax: +4940 308 53 255
by means of an unambiguous statement (e.g. a letter sent by post, a fax or e-mail) about your decision to withdraw from this contract. To do so, you can fill out and submit the sample withdrawal form displayed when you click here or another unambiguous statement. If you make use of this option, we will send you a confirmation of the receipt of withdrawal without delay (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient for you to send the notification about the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal
If you withdraw from this contract, we must pay all payments we have received from you back to you, including delivery costs immediately and, at the latest, within fourteen days from the day upon which we received the notification of your withdrawal from this contract. This includes delivery costs (with the exception of additional costs resulting from you having chosen a different type of delivery other than the cheapest standard delivery offered by us). For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly arranged with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, depending on whichever is the earlier point in time. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day upon which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the deadline of fourteen days. You bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary to check the quality, characteristics and functioning of the goods. End of the cancellation policy
7.2. Exclusion of the right of withdrawal
The right of withdrawal does not apply, inter alia, to distance contracts a. for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
b. for the delivery of goods that can quickly spoil or the expiration date of which would quickly be exceeded,
c. for the delivery of sealed goods which are not suitable for return if their seal was removed after delivery for reasons relating to health protection or hygiene,
d. for the delivery of goods, if they were inseparably mixed with other goods after delivery due to their quality,
e. in the case of contracts with entrepreneurs.
8. Warranty, Liability for Defects
8.1. In the event that goods are defective, the contractual partner is entitled to a right of warranty in accordance with the following regulations.
8.2. The limitation period for liability for defects in new goods is 1 year and for used goods, 6 months from the time of delivery. In the case of contracts with consumers, the limitation period for liability for defects is 2 years from delivery for new goods and 1 year from delivery for used goods. The shortening of the limitation period does not apply to injury to life, body and health or to grossly negligent and intentional breaches of duty by Pam Cosmetics. In the case of a delivery recourse, as provided for under §§ 478, 479 BGB, the limitation period remains unchanged.
8.3. Pam Cosmetics is entitled to replace the goods during the warranty period. Only if the replacement delivery has not been made in a reasonable time or has conclusively failed through the fault of Pam Cosmetics does the contractual partner have the right to cancel the contract, to demand a reduction in the price or to claim damages or compensation for expenses within the framework of the legal requirements. A replacement delivery shall be deemed to have failed after an unsuccessful second attempt if nothing else arises, in particular due to the nature of the goods or the defect or the other circumstances. If claims for damages or compensation for expenses are asserted, the liability of Pam Cosmetics is limited as described in the following clause.
9. Limitation of Liability
9.1. Pam Cosmetics, its representatives, employees and vicarious agents (together hereinafter: “Pam Cosmetics”) shall be liable exclusively for intent and gross negligence, irrespective of the legal reason, except in the case of culpable violation of essential contractual obligations (the fulfilment of obligations which enable the proper execution of the contract; the breaching of which jeopardises the achievement of the contractual purpose; and compliance which the customer, as purchaser, regularly relies upon) or the breach of a guarantee of quality.
9.2. Pam Cosmetics is not liable for the improper use of the products by the contractual partner.
9.3. Pam Cosmetics is not liable for loss of profit, loss of savings, indirect damage and/or consequential damage, except in the event of culpable breach of essential contractual obligations and in the event of grossly negligent or intentional breach of contract.
9.4. Except in the case of grossly negligent or intentional breach of contract, Pam Cosmetics’ liability is limited to the damage reasonably foreseeable when the contract is concluded.
9.5. Liability for culpable injury to life, body or health as well as mandatory liability provided by law remain unaffected by the aforementioned limitations of liability.
10. Opened Product Containers The contractual partner is advised that by opening a sealed container containing products which are not suitable for return for reasons of health protection or hygiene, if the seal was removed after delivery, the right of withdrawal according to clause 7.1 is generally excluded with regard to this product, in accordance with clause 7.2 c of these GTC.
11. Disclaimer for External Links
Pam Cosmetics links to other sites on the internet. Pam Cosmetics declares that it has no influence on the design and content of the linked sites. Pam Cosmetics expressly distances itself from all contents of all linked sites and does not adopt these contents as its own.
12. Image Rights
All image rights of the images displayed on the website of Pam Cosmetics are owned by Pam Cosmetics or its partners. Use without the express consent of the respective right holders is not permitted.
13. Final Provisions
13.1. The contractual partner is informed that Pam Cosmetics processes and stores the personal data obtained in the course of the business relationship in accordance with the provisions of the EU General Data Protection Regulation and the Federal Data Protection Act. Please refer to Pam Cosmetics’ separate data privacy statement.
13.2. Without the express written consent of Pam Cosmetics, the contractual partner is not entitled to assign claims arising from the contractual relationship to third parties.
13.3. The place of fulfilment and exclusive jurisdiction for all disputes arising from or in connection with these GTC or the underlying contract is the headquarters of Pam Cosmetics, provided that the contractual partner is a company, a legal entity under public law or a special fund under public law.
13.4. These GTC and the underlying contract between Pam Cosmetics and the contractual partner are subject to German law, insofar as mandatory provisions of the law of the country of the consumer's habitual residence do not conflict with it, with the exception of the UN Convention on Contracts for International Sale of Goods and the regulations on private international law.
13.5. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision will be replaced by a substitute regulation which comes as close as possible to the purpose of the invalid provision.
Pam Cosmetics GmbH, Hamburg
Effective as of August 2023