General terms and conditions

1. General

These General Terms of Business apply to our contracts, deliveries and other services with all clients (private clients, end clients, cosmeticians, etc.). Any deviations from these conditions require our express written consent. SC Cosmetics Handels GmbH is entitled to amend or supplement these Terms of Business. These GTB enter into force on 1 January 2024. They replace all GTB of SC Cosmetics Handels GmbH which were valid before this date.

2. Offer

Our offers are non-binding. Contracts and orders are only binding for us if we confirm them or comply with them by dispatching the merchandise. Oral agreements apply only if we confirm them in writing. When using the delivered goods, third-party proprietary rights must be observed. Typographical differences and technical changes are possible.

3. Prices

Calculation is always based on the prices valid on the day of delivery. If these are higher than at contract conclusion, Client is entitled within 8 days after notification of the price increase to withdraw from the contract regarding the quantities not yet accepted. The prices are given in euros and do not include VAT. Prices are subject to change. If "carriage paid home" delivery has been agreed, the prices named by us are based on the shipping costs and additional charges valid at the time of offer. If the shipping costs and additional charges change, our delivery prices will be adjusted accordingly, to Seller's benefit or detriment, without giving Buyer the right to withdraw. For shipments in EU countries, no VAT will be calculated if a valid VAT ID Number is given when the order is placed.

4. Payment conditions

Devices and basic material equipment are to be paid for in advance. Orders will be settled by direct debit, cash on delivery (only in Austria and Germany), direct debit or credit card (online), Klarna-Sofort (online), PayPal (online). In the event of late payment, 10% p.a. interest on arrears shall be deemed to have been agreed; in addition, € 6.00 reminder fees and any fees incurred (bank charges) shall be charged. In the event of a failed direct debit procedure, all additional charges will be charged to the customer.

5. Delivery

The flat shipping rate amounts to € 6,00 for Austria, € 8,00 for Germany and € 15,00 for other EU countries. For orders over € 300,00 net, no shipping costs will be invoiced for Austria and Germany. For deliveries using EMS, a 24-hour service within Austria, the flat shipping rate will be € 15,00. No shipping costs will be incurred for the first order (except online) or follow-up deliveries. For deliveries outside the EU, the shipping costs actually incurred will be charged. Loading and shipping are not insured, and will be at the recipient's own risk. Our obligation to deliver will be suspended as long as Buyer is in arrears with outstanding liabilities. If an agreed delivery period is culpably exceeded, delivery is deemed late only after setting a reasonable grace period.

6. Training courses

Registration for our training courses and workshops is binding after online registration or receipt of the order confirmation from SC Cosmetics Handels GmbH. The course fee is due 30 days before the start of the course. Cancellation of course participation must be made in writing. The following cancellation fees will be charged:

- Up to 30 days before the course begins: 30% of total costs
- Up to 15 days before the course begins: 50% of total costs
- Up to 7 days before the course begins: 80% of total costs
- Fewer than 7 days before the course begins: 100% of total costs

SC Cosmetics Handels GmbH reserves the right to cancel or postpone a planned or ongoing course for organizational or other reasons.

7. Warranty

All information about the suitability, processing and utilization of our products, all technical advice, and other information is given to the best of our knowledge, but does not relieve Buyer of their responsibility to conduct their own examinations and tests. When Buyer receives the delivered goods, they shall immediately inspect them for defective quality or functionality – including by performing a reasonable sample test – failing which the goods will be deemed accepted. Objections will be considered only if they are made in writing with enclosure of supporting documents within eight days after receiving the goods – if the defects are hidden, after their discovery – but at the latest six months after the goods have been received. Disputed goods may be returned only with our express consent. Our warranty obligation is limited at our discretion to replacement delivery, rescission, reduction in price, or improvement. Cabin goods without identified defects cannot be exchanged or returned.

8. Guarantee

SC Cosmetics Handels GmbH offers a 2-year guarantee on all appliances. In the event of repair of products with an expired warranty, the costs are borne by the customer. During the repair process, SC Cosmetics Handels GmbH will provide the customer with a replacement device/handpiece if available. The customer is obliged to return the replacement device/handpiece to SC Cosmetics Handels GmbH upon receipt of the repaired product. If a replacement device/handpiece is damaged or not returned, a rental fee or compensation will be charged. Cases of force majeure, which are deemed to be circumstances and events that cannot be prevented with the diligence of proper business management, shall suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the scope of performance affected. No other claims shall exist.

9. Compensation for damages

To the extent permitted by law, our obligation to compensate for damages, irrespective of legal grounds, is limited to the invoice value of our quantity of goods directly involved in the damage-causing event. This does not apply if we are fully liable due to our deliberate or gross negligence according to mandatory statutory provisions. Buyers acknowledge that the use of certain Swiss Color devices and handpieces requires specific hygiene cartridges. The availability of these hygiene cartridges may vary depending on the manufacturer and market conditions. SC Cosmetics Handels GmbH assumes no responsibility for any difficulties or inconveniences arising from the unavailability of consumables.

10. Retention of title

Until the goods have been fully paid, they will remain the property of SC Cosmetics Handels GmbH. If payment is late, we are entitled to withdraw from the purchase contract. Buyer shall inform us immediately with a registered letter of any third-party access to the goods and receivables belonging to us. Exercising retention of title will not be deemed withdrawal from the contract. Until our claims have been fully paid, the goods and the claims that replace them must not be pawned, transferred for security or otherwise ceded to third parties.

11. Data protection

We shall treat your data as confidential, in compliance with the Austrian Data Protection Act (DSG), and shall not forward it to third parties without your consent.

12. Place of performance and place of jurisdiction

The place of performance for delivery is the respective dispatching location of the goods. Austrian law is agreed. For all legal disputes arising from the contractual relationship, BG Kufstein is agreed as the place of jurisdiction.