Terms & Conditions
Terms of Service
§ 1 Scope of application
These general terms and conditions are the basis and integral part of all delivery or purchase contracts between us, the
Glory Nails - Heike Burghardt e.K.
Managing Director: Mrs. Heike Burghardt
Gobietstrasse 4, 34123 Kassel, Germany
Phone: +49 (561) 5746590
Fax: +49 (561) 57465912
- hereinafter referred to as "Glory Nails"
And private purchasers or buyers (consumers) as well as commercial customers or customers (customers).
Consumers i.S.d. Terms of Business are natural persons with whom Glory Nails enters into a business relationship without the latter being entitled to a commercial or independent professional activity.
Commercial customers i.S.d. The terms of business are natural or legal persons or legal partnerships with which business partners are involved who are engaged in commercial or independent professional activities.
Customer i.S.d. Business conditions are both consumers and entrepreneurs. We ask for your understanding that we only accept the terms of an ordering party which are contrary or differ from the terms of sale, if we have expressly agreed to this in individual cases. These terms and conditions shall also apply to all future transactions of Glory Nails with the Purchaser, unless we indicate that new or other provisions shall apply.
§ 2 Contract conclusion / delivery and delivery periods
All offers of Glory Nails are free. Our prices are based on the valid price lists.
By ordering a product, the customer declares bindingly to purchase the ordered goods under the above terms and conditions of Glory Nails. The presentation of the products in the Onlineshop is not a legally binding offer of Glory Nails, but a non-binding online catalog. By clicking the button "Buy" or "Order for payment", the orderer places a binding order of the goods contained in the shopping basket. Upon receipt of such a binding order from the Purchaser, Glory Nails GmbH shall immediately confirm its access and record its details (confirmation of access). This acknowledgment of receipt does not constitute a binding acceptance of the offer by Glory Nails, but is only intended to inform the purchaser that his order has been received by Glory Nails. Glory Nails may immediately accept the order by sending an order confirmation by e-mail or by delivering the goods. If the customer chooses the payment type "prepayment", the purchase contract is already made with the transmission of the payment request, deviating from the above regulations.
The conclusion of the contract by Glory Nails is also subject to the correct and timely self-delivery by the supplier. This applies only in the event that the non-delivery is not to be represented by Glory Nails, in particular if a congruent cover transaction from Glory Nails is concluded with a supplier. Orderers are immediately informed in the event of non-availability of the service. The consideration will, as far as it has already been done, be immediately refunded to the customer.
If the ordering party orders the goods by electronic means, the contract text of Glory Nails is stored and sent to the customer by e-mail in addition to these terms and conditions. In the case of orders within Germany, the delivery is generally against COD or prepayment. Deliveries outside of Germany are only made in advance, unless otherwise agreed in the individual case. Delivery dates or delivery times must be stated in writing.
§ 3 Prices and terms of payment
Unless otherwise stated in the offer or the confirmation of order, all prices shall be valid from "the place of business of Glory Nails ". The statutory value-added tax is included in the prices of Glory Nails, and is stated separately in the invoice on the invoice date. Costs of the shipment will be invoiced separately to the purchaser.
For all price and discount details of Glory Nails on the Internet, brochures or other advertising media remains error. All offers of Glory Nails are free. All agreements are to be stated in writing.
In the case of deliveries to countries outside Germany, the prices are shortened by the German VAT included therein; Country-specific import turnover tax or duty is payable by the customer. The deduction of a cash discount requires a special express agreement.
Unless otherwise agreed upon, the ordered goods shall be due for payment upon acceptance of the order. The goods shall be paid immediately by the customer by bank collection or transfer without charge and free of charge; Glory Nails is generally obliged to dispatch ordered goods only after receipt of the payment.
In the event that Glory Nails makes an exception for payment before receipt of payment, Glory Nails shall remain the property of Glory Nails until complete payment.
Insofar as the customer is in default of payment, default interest is calculated at the legal rate, currently at the rate of five per cent above the basic interest rate for consumers and eight per cent above the base rate for commercial customers. Glory Nails reserves the right to assert a higher arrears.
The Purchaser shall only be entitled to offset rights if his counterclaims have been legally established, undisputed or acknowledged by Glory Nails. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. The assignment of the customer's claims against Glory Nails requires the prior written consent of Glory Nails.
§ 4 Transfer of risk / retention of title
The risk of accidental loss and the accidental deterioration of the goods shall not be transferred until the goods have been handed over to the purchaser / purchaser. The transfer shall be deemed equal if the customer is in default of acceptance.
If Glory Nails dispatches the goods to a place other than Glory Nails' place of business, Glory Nails shall transfer the risk to the customer as soon as Glory Nails delivers the goods to the freight forwarder, the freight carrier or the person or institution otherwise destined to carry out the dispatch .
All goods delivered by Glory Nails remain the property of Glory Nails until full payment. As long as goods supplied by Glory Nails have not been paid, the customer is obligated to handle the goods with care. In particular, the customer is obligated to use and / or use the goods only in compliance with the packaging instructions given to him.
The customer is obligated to pay Glory Nails a third party access to the goods, eg in case of a seizure, as well as any damages or the destruction of the goods. Likewise, until the payment of the goods Glory Nails, he shall immediately notify the owner of the goods or his / her place of residence.
§ 5 Warranty / Liability
Glory Nails is obligated to provide the goods free of material and legal defects to the customer. The freedom from material defects shall be at the time of the transfer of risk to the customer. Printing-related color deviations as well as size deviations are in principle no defect and must be reserved within the scope of the reasonable.
Returns to Glory Nails must always be free, unless otherwise stated in the following regulations. Returns must be properly and securely packed. Returns from commercial purchasers who do not arrive in sufficient packaging defective at Glory Nails can not be reimbursed if the customer should not prove that the damage already existed when we dispatched the goods.
In the event of a material defect, the warranty claims of the customer are initially limited to the right of supplementary performance. If the buyer is a consumer, he has the choice first of whether the supplementary performance is to be carried out by means of subsequent improvement or replacement delivery. If the customer is not a consumer, but an industrial customer, the aforesaid right of choice is exclusive to Glory Nails.
The subsequent fulfillment requested by Glory Nails or by Glory Nails shall be effected within a reasonable period; A reworking period of 20 working days is considered appropriate. Glory Nails is, however, entitled to refuse the type of supplementary performance selected, if Glory Nails is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.
If the supplementary performance fails, the purchaser may, in principle, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). In the case of a minor breach of contract, in particular in the case of only minor deficiencies, the customer is not entitled to withdraw.
The commercial purchaser shall immediately inform the purchaser of the goods received upon receipt of their completeness as well as obvious defects in accordance with the special regulations of the commercial purchase under merchants. HGB. Incomplete delivery of goods or other obvious defects of the goods shall be notified immediately in writing upon receipt of the goods. The receipt of the information given by Glory Nails shall be decisive for maintaining the deadline. The missing or non-timely complaint has the consequence that the delivered goods are accepted as a proper contract fulfillment; In particular the fulfillment or warranty rights due to incompleteness or obvious defects expire, insofar as Glory Nails is not to be accused of fraudulent intent. The burden of proof for the time of the determination of the incompleteness or the defect then applies to the customer.
If the customer chooses the withdrawal from the contract due to a legal or material defect after failed supplementary performance, he is not entitled to compensation for the defect.
If the customer chooses compensation after failed supplementary performance, the goods remain with the customer, if this is reasonable. The damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if Glory Nails has caused the violation of the contract fraudulently. Further claims for compensation for breach of duty remain unaffected.
For commercial customers the warranty period is one year from delivery of the goods. For consumers the limitation period is two years from delivery of the goods. In the case of used goods, warranty is excluded from commercial customers; The warranty period for consumers is one year from delivery of the goods.
Guarantees generally refer only to the guarantee declared by the manufacturer of the goods, in the event that Glory Nails declares otherwise in the individual case or the parties have agreed otherwise. As far as products with a manufacturing guarantee or a guarantee from the manufacturer are sold, the claims of the buyer are based exclusively on the manufacturer according to its guarantee conditions.
In the case of slightly negligent breaches of duty, the liability of Glory Nails is limited to the foreseeable, contract-typical, direct average damages which are foreseeable by the nature of the goods. This also applies to minor negligent breach of duty by legal representatives or vicarious agents. Glory Nails shall not be liable for negligent breach of non-essential contractual obligations.
The products of Glory Nails are subject to strict quality control and have already been widely used. The use of our products is in any case based on the customer's own responsibility. Compensation claims are therefore generally excluded, as far as they are attributable to an improper application.
The foregoing limitations on liability do not concern the customer's claims arising from product liability. Furthermore, they shall not apply to Glory Nails attributable physical and health damage or loss of the customer's life.
§ 6 Copyright
Texts, photos, illustrations and similar from our catalogs, internet pages and other print media are subject to the copyright of Glory Nails or have been purchased as a license. The re-use of trade names, trademarks, product names, product photos, etc. of any kind is only permitted with the express and written consent of Glory Nails.
§ 7 Privacy Notice
The protection of personal data during the collection, processing and use during a visit to the Glory Nails website is an important concern to us. Your data is protected in accordance with legal regulations. What data is recorded during a visit to Glory Nails' website and how it is used. Is shown in the following notes.
1. Collection and processing of data
Any access to the Glory Nails homepage and any retrieval of a file stored on the Glory Nails homepage are recorded. The storage serves internal system-related and statistical purposes. Logged: name of the retrieved file, date and time of the retrieval, transmitted data volume, message of successful retrieval, web browser and requesting domain. Additionally, the IP addresses of the requesting computers are logged.
Further personal data will only be collected if you provide this information voluntarily, for example, within the scope of a request or registration.
2. Use and dissemination of personal data
If you have provided us with personal data, we only use these to answer your inquiries, to deal with contracts concluded with you and for technical administration.
Your personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing, in particular the transfer of order data to suppliers, this is necessary for billing purposes or you have previously given your consent. You have the right to revoke your consent with effect for the future at any time.
The deletion of the stored personal data takes place if you revoke your consent to the storage if your knowledge is no longer necessary for the fulfillment of the purpose pursued by the storage or if its storage is prohibited for other legal reasons.
When you register for the newsletter, your e-mail address will be used for your own advertising purposes, until you unsubscribe from the newsletter. The deregistration is possible at any time.
3. Right of access
According to the Federal Data Protection Act, you have the right to free information about your stored data as well as a right to rectification, blocking or deletion of this data.
4. Google Analytics
We use the web analytics with "Google Analytics". This website uses Google Analytics, a web analytics service provided by Google, Inc. ( "Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, in the case of the activation of the IP anonymisation on this website, your IP address will be previously abridged by Google within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage against the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent cookies from being saved by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to fully utilize all the functions of this website. In addition, you can prevent Google from collecting and processing the data (including your IP address) related to your use of the website (including your IP address), as well as the processing of this data by Google by downloading the browser plug-in available at the following link And install:
5. Use Facebook Social Plugins
6. Email advertising
When you subscribe to our newsletter, we use the data you have provided to send you the newsletter. You can revoke this consent at any time with effect for the future by unsubscribing from the newsletter.
7. Store customer data
You may, at any time, revoke any consent to the storage of your customer data with effect for the future.
9. Evaluation Recognition by Trusted Shops
If you have given us your express consent during your order by clicking on a corresponding Clickbox or by clicking on a button ( "evaluate later"), we will send your eMail address for the reminder to submit an evaluation of your order to the Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne (www.trustedshops.de), in order to remind you by e-mail of the possibility to submit a review. This consent can be revoked at any time by means of a message to the contact facility described below or directly to Trusted Shops.
10. Safety instructions:
We strive to store your personal data by taking all technical and organizational possibilities so that it is not accessible to third parties. When communicating via e-mail, the complete data security can not be guaranteed by us, so we recommend the confidentiality of the information by mail.
In order to make the visit of our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, ie after closing your browser (so-called session cookies). Other cookies remain on your device and allow us or our affiliates to recognize your browser on the next visit (persistent cookies). You can set your browser to inform you about the setting of cookies and decide on their acceptance individually, or to exclude the acceptance of cookies for specific cases or in general. If the cookies are not accepted, the functionality of our website may be restricted.
The use of our website is normally possible without giving personal data. If personal data (eg name, address or e-mail addresses) are collected on our pages, this is always done on a voluntary basis as far as possible. These personal data will not be passed on to third parties without your express consent.
We would like to point out that the transmission of data on the Internet (for example, by e-mail communication) may present security gaps. A complete protection of the data before access by third parties is not possible.
The use of contact data published within the scope of the imprint obligation by third parties for the transmission of not expressly requested advertising and information material is hereby expressly rejected. The operators of the pages expressly reserve the right to take legal steps in the event of the unsolicited sending of advertising information, for example by spam mail.
§ 8 Revocation right for consumers
If the purchase agreement between Glory Nails and a customer, which is a consumer, is effected by means of a distance agreement, the following applies:
1. Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the day on which you or a third party, which is not a carrier, you named, have or have taken possession of the goods in the event of a partial delivery.
To exercise your right of revocation, you must contact us
Glory Nails GmbH
Gobiet Street 4
34123 Kassel, Waldau industrial area
Tel .: (0561) 57 46 59 0
Fax: (0561) 57 46 59 12
By means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the attached sample revocation form (see the link below), but this is not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
2. Consequences of the revocation
If you revoke this Agreement, we will pay you all the payments that we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days.
They bear the immediate cost of returning the goods. They shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
3. Exclusion of the right of revocation
The above right of revocation for you as a consumer does not exist with contracts
- for the supply of goods which are not prefabricated and for whose manufacture an individual selection or provisions are decisive by the consumer or which are clearly tailored to the personal needs of the consumer,
- to deliver goods which are likely to spoil quickly or whose expiry date would be quickly exceeded,
- the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery,
- for the supply of goods which, on the basis of their nature, have been inseparably mixed with other goods,
- for the supply of alcoholic drinks, the price of which has been agreed upon at the time of conclusion of the contract but which may be delivered at the earliest 30 days after the conclusion of the contract and the actual value of which depends on fluctuations on the market,
- for the delivery of sound and video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 9 Final provisions
Place of performance and jurisdiction for both parties is Glory Nails GmbH's place of business, unless otherwise stipulated by law.
Only German law applies to the respective contracts. This also applies if the customer is domiciled abroad.
Should any of the foregoing provisions be or become invalid in whole or in part, the remaining provisions shall remain unaffected. In place of the ineffective provision - as far as legally permissible - the effective provision which would have been agreed upon by the parties would come into effect if, at the time of the conclusion of the contract, they had been aware of the invalidity of the provision.