General Terms and Conditions

1. Scope of application, Contracting parties

The website orangeblue-cosmetics (hereinafter "Seller") is an E-commerce website, which is accessible online at orangeblue-cosmetics. It is available to all users (hereinafter "Buyers"). The following undertaking is the provider of the website and contract partner of the Buyer:

orangeblue-cosmetics.com
good-bye S.à r.l.
11A rue Wiltheim
L 5465 Waldbredimus
Telephone: +352 691 98 06 06
Web: www.orangeblue-cosmetics.com
E-Mail: info@orangeblue-cosmetics.com
Authorised representative: Manager Melanie Buhre
VAT: LU 25240905
Registre du Commerce et des Sociétés Luxembourg: B 117423
Register court: Luxembourg
In accordance with Article 5 of the German Telemedia Act (TMG) is responsible for the content:
Melanie Buhre, 11A rue Wiltheim, 5465 Waldbredimus, Luxemburg

The User may save or print these General Terms and Conditions on the condition that he/she does not make any changes. Deliveries are subject exclusively to the following General Terms and Conditions, which underlie all agreements concluded with us on the basis of offerings from our online shop. General Terms and Conditions of the Buyer which oppose or deviate from the following provisions are not applicable. The following business terms are exclusively applicable even if we perform deliveries and services without reservation and in the knowledge of terms of the Buyer which oppose or deviate from the following business terms. Deviations from these General Terms and Conditions, additional agreements and subsidiary agreements require our express approval.

2. Subject matter, Goods
The Seller offers the User hygiene and cosmetic products for purchase on the Seller's website. The ranges of goods on the website apply to deliveries worldwide. Prior to ordering, the Buyer may obtain information on the website on essential features of products requested. Purchase offers and promotional offers apply according to their descriptions on the website.

3. Provisions of agreement
These GTC and further provisions along with your order information in the order process are available for access via our website. You may archive this information there either by downloading the GTC and saving the data summarized in the order process in the online shop with the help of your browser, or may wait for the automatic order confirmation, which we send you in a separate e-mail to the address stated by you after completion of your order. This order confirmation e-mail includes the provisions of agreement, your order information and these GTC, and may be printed or saved with your e-mail program.

4. Conclusion of agreement, Language
Each order requires our consent without restriction or reservation of these General Terms and Conditions. The range of goods on the website of orangeblue-cosmetics.com is not binding. By ordering, the Customer submits a binding offer for the conclusion of a purchase agreement. The confirmation of receipt then submitted by orangeblue-cosmetics.com and any status reports are not deemed an acceptance of the offer. orangeblue-cosmetics.com may accept the offer by the Customer within 5 days upon receipt of an order by means of an express declaration. An agreement is finalized upon receipt of the declaration of acceptance (order confirmation). Shipping ordered goods and confirmation of a delivery to the Customer are deemed to be an express declaration of acceptance by orangeblue-cosmetics.com.

5. Prices, Shipping costs, Payment
5.1 The prices valid at the time of ordering are applicable. All prices include applicable statutory VAT, plus packaging and shipping costs, which are shown separately during the order process. If a delivery is made as a COD delivery due to an express, individual agreement between the Customer and orangeblue-cosmetics.com, the Customer will also bear the COD and money transfer charges, which are shown separately during the order process as well. Furthermore, if a delivery service is commissioned to transport ordered goods in countries outside of the EU, additional charges and customs duties may be incurred, which are also to be borne by the Customer.

5.2 All orders at orangeblue-cosmetics.com must be paid in EURO. The invoice amount can be paid by credit card, advance payment or PayPal.

5.3 Delivery of goods
You are buying for a company and have a registered account in the goodbye store? Then enter your VAT number when registering. The VAT registration number appears automatically on your invoice. All product s in the good-bye store are subject to statutory VAT. It is deducted for all intra-community purchases. Shipments of goods within the EU are shipped at the indicated prices; there are no additional duties or taxes. Our offers already include the statutory Value Added Tax, which is applicable in Luxembourg. The VAT will be deducted from the selling price for companies that are located within the EU and have a VAT Registration Number. The statutory TVA will be deducted from the price for the VAT if shipments of goods are going outside the EU. Any duties or VAT normally applicable in the respective destination country will be billed to the Customer under all circumstances. If your order is delivered by the parcel service, then the shipment will be consigned to you and charged to you. The postage costs paid by us on your behalf are included in the invoice amount.


5.4 Shipping costs
Shipping costs for private customers using standard parcel services in the European Union, including Switzerland and Norway, are determined as follows:
Weight / Standard delivery
up to 2 kg / EUR 0.00
up to 5 kg / EUR 10.00
up to 10kg / EUR 15.00
up to 20kg / EUR 20.00

Shipping costs for private customers using standard parcel services outside of the European Union are determined as follows:
Weight / Standard delivery
up to 2 kg / EUR 15.00
up to 5 kg / EUR 25.00
up to 10kg / EUR 47.00
up to 20kg / EUR 66.00

6. Customer Complaint and Guarantee
The statutory warranty regulations apply to the Buyer. We value your Customer satisfaction. You may contact us any time. We are committed to review your concern as soon as possible and will contact you upon receipt of documents and/or your input or complaint. You may help us with processing complaints if you explain the matter of your problem as detailed as possible and submit copies of order documents or at least state the order number if applicable. If you do not receive a response within 5 working days, please ask. In rare cases, e-mails may get 'lost' in our or your spam filters, or a message by other means did not reach you or is accidentally omitted.

7. Reservation of Title
The commodity delivered remains property of orangeblue-cosmetics.com up to total claim settlement and redemption of all debts owing and accruing within the framework of the business connection, regardless of which legal basis claims are made on. In case of sale of a commodity delivered with reservation of ownership being effected by the customer, or in case of this product being linked to other objects, the customer already at this point transfers to us all claims resulting from the sale respectively joining to the amount of the value of the commodities delivered on the basis of reservation of title together with all ancillary rights and debt ranks in priority to others. We accept that assignment.


8. Customer Complaint and Insurance
Every commodity we forward is insured en route by the Allianz Insurance plc. In case of damage inflicted on a consignment while en route, or in case of incomplete delivery, a complaint is to be lodged within 24 hours with a written statement of the facts to be made by the forwarding agent, by the German Federal Postal Administration respectively the German Federal Railways, by the carrier. Otherwise claim for replacement expires.

9. Liability
We are liable for claims for damages, particularly due to unauthorized action, negligence on part of the organization, negligence upon conclusion of agreement or any other fault-related claims for violation of obligations, only if they are based on negligence, intent or gross negligence, or if the damage is based on a violation of contractual obligations, the fulfillment of which allows the due execution of the agreement in the first place and the adherence to which the contracting partner may expect at all times, or on claims pursuant to §§ 1 and 4 of the Product Liability Act.

The foregoing exclusion of liability for cases of simple negligence does not apply to damages due to injury to life, body or health, as well as in the case of assumption of a guarantee of quality or fraudulent concealment of a defect within the meaning of § 444 Civil Code. In such cases, we also assume liability for simple negligence.

10. Right of cancellation
Notice of rights of cancellation for private customers in the European Union:
You have the right to cancel this agreement within 14 days without stating any reasons. The cancellation period amounts to 14 (fourteen) days from the date on which you or a third party determined by you, who is not the carrier, has taken the goods into their possession.

In order to execute your right of cancellation, you must inform us:
good-bye S.à r.l.
11A rue Wiltheim
L 5465 Waldbredimus
Telephone: +352 691 98 06 06
info@orangeblue-cosmetics.com

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) on your decision to cancel this agreement. You may use the template cancellation form enclosed, which is not mandatory. You may also complete and submit the template cancellation form electronically. If you use this option, we will immediately submit to you a confirmation of receipt of such a cancellation (e.g. by e-mail). In order to comply with the cancellation period, it is sufficient to send a notice of execution of the cancellation right before expiry of the cancellation period.

Consequences of cancellation
If you cancel this agreement, we must repay to you all amounts which we received from you, including shipping costs (except for additional costs incurred because you selected a type of delivery other than the favorable standard delivery offered by us) without delay and no later than 14 (fourteen) days from the day on which we received the notice of your cancellation of this agreement. For this repayment, we use the same means of payment which you used for the original transaction; in no case will we charge you fees for this repayment.

We may withhold repayments until we received the goods back. You must pay compensation to us in the case of deterioration of goods and any utilisation (e.g. benefits from use) which cannot be surrendered in whole or only partially or in a worse condition. You must send or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you give us notice of cancellation of this agreement. The period is deemed to have been complied with if you submit the goods before the period of fourteen days has expired.

You bear the direct costs of return of goods. You must pay compensation to us in the case of deterioration of goods and any utilisation (e.g. benefits from use) which cannot be surrendered in whole or only partially or in a worse condition. You must pay for any deterioration of the goods only if such deterioration was caused a handling of them which is not necessary for checking the quality, features and functioning of the goods.

A right of cancellation, as stated above, does not apply to the following statutory exceptions pursuant to § 312 d (4) Civil Code:
Shipping sealed goods which cannot be returned for health protection or hygiene reasons if the sealing was removed after delivery. The same applies to goods which cannot be returned due to the quality of which or which spoil quickly or the expiration date would be exceeded.
End of cancellation policy

11. Data protection
The data protection practices of orangeblue-cosmetics.com conform to the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All information for the collection, processing and use of personal data of users may be found in the privacy policy, which is always available for the Customer to download. PDF

12. Miscellanea
The law of Luxembourg applies to all legal relations of parties with the exclusion of uniform laws on sale of goods. The invalidity of any provision listed above shall not affect any part of the other conditions. The ineffective provision will then - by mutual agreement - be replaced by another that economically comes closest in its intention to the invalid provision.

13. Applicable law
All transactions between the parties are subject to Luxembourg law without recourse to the Introductory Act to the Civil Code (EGBGB) and laws on the international sales of goods.

14. Severability Clause
In the event of the non-enforceability of one of the conditions indicated previously, the enforceability of the remaining conditions will not be affected. The non-enforceable clause will then be replaced, as agreed, by one whose commercial intentions come closest to those of the non-enforceable clause.

15. Translations
The translation of our Terms and Conditions of Business (AGB) into foreign languages is only intended to make them more understandable. Only the German version is legally binding.

16. Legal notice on the content of websites
In the case of unintentional copyright infringements, the corresponding object will be removed from the page immediately after this is reported. Also, we will not be held liable for the content of any third party Web pages, which access our Web page via a hyperlink. Also, we will not be held responsible for direct or indirectly damages, which could be caused as a result of using the information provided by us.

The contents of orangeblue-cosmetics.com's websites may only be used for information purposes of the Customer and for personal use. It is not permitted to use the contents beyond this or linking the contents for commercial purposes. This applies regardless of the legal protection eligibility particularly for watermarks and other marks of orangeblue-cosmetics.com, for images, product descriptions, product information and other product data. The Customer agrees to the foregoing limitations of use of contents on orangeblue-cosmetics.com's websites.

17. Final provisions
The agreement is exclusively subject to Luxembourg law. The application of UN Sales Law is excluded.

If the Customer is a consumer, mandatory consumer protection provisions apply in addition which are applicable in the state in which the Customer has an ordinary residence, to the extent that these offer more extensive protection to the Customer. 



If the Customer is a merchant, a legal entity under public law or a special public fund, the exclusively place of jurisdiction for all claims arising from the contractual relationship is Luxembourg.

Please note according to paragraph 33 BDSG: The personal data conveyed to us will be stored.

Company:
orangeblue-cosmetics.com
good-bye S.à r.l.
11A rue Wiltheim
L 5465 Waldbredimus
Telephone: +352 691 98 06 06
Web: www.orangeblue-cosmetics.com
E-Mail: info@orangeblue-cosmetics.com
Authorised representative: Manager Melanie Buhre
VAT: LU 25240905
Registre du Commerce et des Sociétés Luxembourg: B 117423
Register court: Luxembourg
In accordance with Article 5 of the German Telemedia Act (TMG) is responsible for the content:
Melanie Buhre, 11A rue Wiltheim, 5465 Waldbredimus, Luxemburg

All enquiries regarding your order should be addressed to: info@orangeblue-cosmetics.com
Version May 2014