Terms of service

TERMS AND CONDITIONS (AGB)

1. Scope of Application

These Terms and Conditions (“Terms”) of karldiamant e.K (“Seller”) apply to all contracts concluded between the Seller and a consumer or entrepreneur (“Customer”) for the purchase of goods via the Seller’s online shop at  www.karldiamant.com.
Individual agreements take precedence over these Terms.

2. Conclusion of Contract

The presentation of products in the online shop does not constitute a binding offer, but an invitation for the Customer to submit an offer.
By clicking the “Buy” button, the Customer submits a binding offer to purchase the goods in the shopping cart.
The Seller may accept the Customer’s offer within five (5) days by:
- sending an order confirmation,
- shipping the goods, or
- requesting payment for instant payment methods.
The contract is concluded at the moment the first of these events occurs.
The Seller does not permanently store the contract text.
The Customer receives all order details and these Terms by email after the conclusion of the contract.
The Customer must provide truthful information and notify the Seller of any changes immediately.

3. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal pursuant to Sec. 312g in conjunction with Sec. 355 BGB.
Details are provided in the Withdrawal Policy supplied during checkout and after purchase.
Entrepreneurs have no right of withdrawal.

4. Prices and Payment Conditions

All prices are final prices in euros, including statutory VAT unless stated otherwise.
For EU entrepreneurs, tax-free intra-Community delivery may be applied if a valid VAT ID is provided. The Seller may verify the VAT ID.
Shipping costs may apply and are displayed during checkout.
Available payment methods are shown in the online shop. The Seller may offer certain payment methods only after a credit check.
For prepayment, the Customer must pay within seven (7) days of contract conclusion.
For instant payment methods, the Customer’s payment method is charged immediately.

5. Delivery and Shipping Conditions

Delivery is made to the address provided by the Customer and only to countries available at checkout.
Shipping costs are shown separately and paid by the Customer unless free shipping is offered.
Delivery is handled by a shipping service provider of the Seller’s choice.
For consumers, the risk of accidental loss passes upon handover of the goods.
For entrepreneurs, the risk passes upon handover to the carrier (Sec. 447 BGB).
If a shipment is returned due to failed delivery attempts caused by the Customer, the Customer bears the resulting costs.
Partial deliveries are permissible where reasonable.

6. Retention of Title

The goods remain the property of the Seller until full payment is received.
For entrepreneurs, the retention of title applies until the settlement of all claims arising from the business relationship.
The Customer must handle goods under retention of title with care.
Pledging or assigning goods as security is not permitted.

7. Warranty (Defects Liability)

For consumers, the statutory defect liability rules apply.
For entrepreneurs, defect claims expire twelve (12) months after the passing of risk.
Obvious defects must be reported in writing within seven (7) days of receipt.
The following do not constitute defects:
- colour variations due to different displays or lighting,
- individual application results depending on nail type or technique,
- improper use or use with third-party products,
- allergic reactions or personal sensitivities,
- opened or unsealed cosmetic products.

These limitations do not apply in cases of intent, gross negligence, or injury to life, body or health.
Assignment of defect liability claims is excluded unless the Customer is a consumer.

8. Liability

The Seller is fully liable
- for intent or gross negligence,
- for injury to life, body or health,
- under the Product Liability Act,
- and when a guarantee has been expressly given.

In cases of slight negligence, liability applies only for breach of essential contractual obligations, and is limited to the foreseeable, typical damage.
Any further liability is excluded, in particular for indirect or consequential damage, loss of profit, data loss, or damage caused by improper use.
These limitations also apply to the Seller’s representatives and agents.

9. Redemption of Promotional Vouchers

Promotional vouchers are issued free of charge by the Seller as part of    Promotional campaigns and cannot be purchased.
Promotional vouchers are valid only during the specified period and may be redeemed once per order. Retroactive application is excluded.
Promotional vouchers may be tied to minimum order values, product categories or other conditions stated on the voucher.
Promotional vouchers are non-transferable, not redeemable for cash, and cannot be applied to shipping costs unless otherwise specified.
If the voucher value is insufficient, the difference may be paid by available payment methods.
If an order paid with a promotional voucher is fully or partly cancelled or returned, the voucher expires. Refund of the voucher value is excluded.

10. Redemption of Gift Vouchers

- Gift vouchers can be purchased by the Customer and used exclusively in the Seller’s online shop.
- Gift vouchers and remaining balances are valid until the end of the third year following the purchase year. After that, they expire.
- Gift vouchers must be redeemed before completing checkout. Retroactive use is excluded.
- Gift vouchers may be used only for products, not for buying additional vouchers.
- If the voucher balance is insufficient, the remaining amount may be paid via available payment methods.
- Remaining balances remain available to the Customer until expiry.
- In case of returns or withdrawal, the amount paid via gift voucher is refunded as voucher credit, not cash.

11. Applicable Law

German law applies, excluding the CISG (UN sales law).
For consumers, this applies only if mandatory consumer protection laws of their country of residence are not overridden.

11a. Language Versions

In case of discrepancies between different language versions of these Terms and Conditions, the German version shall prevail.

12. Alternative Dispute Resolution

The EU Online Dispute Resolution platform is available at:
https://ec.europa.eu/consumers/odr

The Seller is not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.