Terms of service

Preamble

esthetic space GmbH operates an online store under the URL https://esthetic-space.com. esthetic space offers end consumers high quality tech accessories made from the finest materials for offices and homes. You will be regularly informed about the individual sales promotions and special offers by e-mail.

1. esthetic space GmbH as contractual partner

1.1 The contractual partners within the scope of the following General Terms and Conditions are esthetic space GmbH, Freester Weg 10c, D-13503 Berlin (hereinafter "esthetic space") and you. Further information on the communication data and the legal representatives of esthetic space can be found in the imprint.

1.2 esthetic space's offer at www.esthetic-space.com is aimed exclusively at private customers and expressly not at commercial customers.

2. Scope of application

All our deliveries and services are provided exclusively on the basis of these general terms and conditions. Only the version of the general terms and conditions valid at the time of the order shall apply. esthetic space reserves the right to offer additional services. In this case, esthetic space will inform you separately and, if necessary, transmit additional general terms and conditions.

3. Subject matter of the contract

The subject of the contract is the purchase and delivery of products, in particular accessories, via the website www.esthetic-space.com (hereinafter referred to as the "Platform"), but also via order by mail or telephone. esthetic space offers high quality tech accessories made from the finest materials for offices and homes as well as related products. The delivery of the products is carried out in each case as agreed by esthetic space or directly by the merchants (hereinafter "Suppliers"). Your contractual partner is in any case esthetic space, regardless of whether the product may be delivered directly from the producer or distributor to you.

4. Registration

4.1 To order the products, you can register on the platform and thus open a customer account. You must provide the required data truthfully and update it immediately in the event of changes in order to ensure smooth delivery.

4.2 You are responsible for maintaining the confidentiality of your user name as well as your password. You will keep your username and password for access secret, not pass them on, not tolerate or allow third parties to gain knowledge of them and take the necessary measures to ensure confidentiality, as well as in the event of misuse or loss of these details or a corresponding suspicion, report this to esthetic space by e-mail at the e-mail address info@esthetic-space.com.

5. Offer and conclusion of contract

5.1 esthetic space offers sales promotions for tech accessories and related products on its platform in close succession and limited in terms of time and quantity. The offer of esthetic space may vary, there is no legal claim to constant deliverability and availability of the articles. All offers are subject to change.

5.2 The sale of the products offered is made in quantities customary in the trade. The maximum order quantity per product is 12, unless a lower maximum order quantity is noted. Some offers may specify a minimum order quantity.

5.3 The product descriptive information received on the esthetic space platform, in brochures or similar documents and otherwise made product descriptive information such as in particular photos or descriptions are not binding, unless they are expressly designated as binding. Minor deviations from such product-describing information shall be reserved and shall not affect the performance of contracts, unless they are unreasonable.

5.4 The presentation of products on esthetic space, in brochures or similar documents does not constitute a legally binding offer, but merely an invitation to order. Your order therefore only constitutes an offer to conclude a corresponding purchase contract. The order placed by you is binding. After receipt of your order, you will receive an order confirmation by e-mail. This contains an overview of the details of your order and does not serve as acceptance of your offer. esthetic space is not obliged to accept your offer.

5.5 A prerequisite for the conclusion of a contract between esthetic space and you is that you are 16 years or older at the time of the conclusion of the contract.

5.6 esthetic space may accept your order within five days by sending an order confirmation by e-mail or by delivering the goods. When an order confirmation is sent by e-mail or when esthetic space ships the ordered products to you and confirms the shipment with another e-mail (shipment confirmation), but no later than upon receipt of the goods, a valid purchase agreement between you and esthetic space is concluded to that extent, even if the delivery is made directly by a supplier.

6. Cancellation policy

Right of withdrawal
You have the right to cancel this contract within thirty days without giving any reason. The cancellation period is thirty days (1) in the case of a contract for the sale of one item from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods; (2) in the case of a contract for several items from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last item. (3) in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece. (4) in the case of a contract for the regular delivery of goods over a fixed period of time, from the day on which you or a third party named by you who is not the carrier has taken or has taken possession of the first goods and (5) in the case of a service contract, from the day on which the contract is concluded. In order to exercise your right of withdrawal, you must inform us, esthetic space GmbH, Freester Weg 10c, D-13503 Berlin; info@esthetic-space.com; Phone: +49 30 75439444 by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of 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, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Note exclusion of the right of revocation
The right of revocation does not exist if the customer is an entrepreneur according to § 14 BGB. The right of withdrawal also does not apply to (1) contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; (2) contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.

To esthetic space GmbH, Freester Weg 10c, D-13503 Berlin; info@esthetic-space.com; Phone: +49 30 75439444.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*):

Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication).
Date _______________
(*) Delete where not applicable.

End of the cancellation policy.

7. prices and shipping costs

7.1 The prices and shipping costs stated on the product page and / or in these general terms and conditions are in euros. All prices mentioned are only valid at the time of the order. The prices are final prices and include the statutory value added tax, as well as other price components.

7.2 esthetic space only offers delivery within Germany and Austria. esthetic space does not currently offer delivery to other European and non-European countries.

7.3 Products ordered from esthetic space are shipped by esthetic space or directly by the suppliers and a shipping fee is charged. If you order products from different suppliers in one order, the flat-rate shipping fee will be charged several times for one order, i.e. according to the number of suppliers from whom a delivery has been agreed. The flat shipping rate includes costs for packaging and shipping. Details of the shipping costs can be found in the following table:

Order value	Shipping costs*
under 99 EUR order value	5,95 EUR
from 99 EUR minimum order value	0 EUR

 *Total shipping costs incl. postage and packing

8. Delivery

8.1 Delivery shall be made to the delivery address provided by you.

8.2 The availability of the goods results from the electronic catalog. Delivery will be made within 7 days, unless otherwise stated in the electronic catalog. Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by you is not available for reasons for which esthetic space or the supplier is not responsible, we will offer you a product of equivalent quality and price instead of the product ordered, which you are not obliged to accept. In this case, we will inform you immediately about the unavailability and, if applicable, reimburse you immediately for any payments already made.

8.3 If, after we have already defaulted, you set us a reasonable grace period with the threat of refusal, you shall be entitled to withdraw from the contract or to claim damages for non-performance after the fruitless expiry of such grace period.

8.4 If delays in delivery are due to reasons for which we and the suppliers concerned are not responsible (force majeure, fault of third parties, etc.), the period shall be extended accordingly. You shall be informed thereof without delay. If the causes of the delay last longer than four weeks after conclusion of the contract, either party shall be entitled to withdraw from the contract.

8.5 If it is a purchase of consumer goods, we shall bear the risk of accidental loss or accidental deterioration.

8.6 If you are in default of acceptance or if you breach other obligations to cooperate, esthetic space shall be entitled to demand compensation for the damage incurred by esthetic space, including any additional costs. In this case, the risk of accidental loss or accidental deterioration of the purchased goods shall also pass to you at the time at which you are in default of acceptance.

8.7 None of the conditions regulated in this section on the delivery of the goods, limit your statutory right of withdrawal.

9. Retention of title

All deliveries by esthetic space, even if they take place directly from the relevant suppliers, are subject to retention of title by esthetic space. Ownership of the delivered items is transferred to you only after full payment of the purchase price. 

10. Payment

10.1 Payment can be made either by Paypal, instant bank transfer, credit card or invoice. When paying by credit card, your account will be charged within 1 - 2 days after receipt of the order. When paying by Paypal or Sofortüberweisung you will be directed from the ordering process to the payment pages of the payment company and make the payment here directly. When paying by invoice, you will receive the invoice by e-mail. The invoice amount is to be transferred to our account within 10 days.

10.2 All delivered goods remain our property until full payment.

10.3 If you are a consumer, the purchase price shall be subject to interest at a rate of 5% above the base interest rate upon the occurrence of default during the period of default. If you are not a consumer, the interest rate during the delay in payment shall be 8% above the base interest rate. We reserve the right to prove and claim a higher damage caused by default.

11. Promotion vouchers

11.1 Promotion vouchers are vouchers that you can not purchase, but which esthetic space issues as part of promotional campaigns with a certain period of validity. Promotion vouchers are only valid in the specified period and can only be redeemed once as part of an order process. After one-time use or expiration of the validity period, the promotional voucher expires. Individual products may be excluded from the voucher promotion.

11.2 The conditions of the promotional voucher are determined by esthetic space and announced in the corresponding advertising campaign. A minimum order value in this case refers to the purchase price including VAT and excluding shipping costs. Promotional vouchers cannot be applied to shipping costs unless expressly stated.

11.3 For successful referrals of new customers, you will receive a promotional voucher from esthetic space. You will receive the promotional voucher exclusively for the recommendation of new members who have not previously been registered with esthetic space and who have completed an order with esthetic space and received the goods in full.

11.4 The value of the goods must be at least equal to the amount of the promotional voucher. For administrative reasons, it is not possible to refund any remaining value of the promotional voucher. If the value of a promotional voucher is not sufficient for the order, the remaining amount can be compensated with the offered payment options.

11.5 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The value of a promotional voucher shall neither be paid out in cash nor shall interest be paid on it.

11.6 The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other.

11.7 The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotion and no consideration was provided for it. esthetic space is not liable for the loss or theft of promotional vouchers.

12. Gift vouchers

12.1 Gift vouchers are vouchers that you can purchase from esthetic space. You can redeem them for the purchase of products at esthetic space. Other gift vouchers cannot be purchased with a gift voucher.

12.2 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. The value of a gift voucher is neither paid out in cash nor does it earn interest.

12.3 If the value of a gift voucher is not sufficient for the order, the remaining amount can be compensated with the offered payment options.

12.4 More than one gift voucher can be used for an order. Gift vouchers can be combined with one promotional voucher per order.

12.5 The gift voucher is transferable. Editing, manipulating or duplicating the gift vouchers is not permitted. esthetic space is not liable for the loss or theft of gift vouchers.

13. Warranty

13.1 Your claims against esthetic space in the event of defects are governed by the statutory provisions, unless deviations arise from the following provisions.

13.2 Damage caused by improper or non-contractual measures during unpacking or storage by you shall not give rise to any claim against esthetic space.

14. Liability

14.1 esthetic space is liable, regardless of the legal basis, only for damages caused by its employees and agents intentionally, grossly negligent or in the case of breach of a material contractual obligation simply negligent. An essential contractual obligation is any obligation the fulfillment of which enables the proper execution of the contract and on the fulfillment of which you may regularly rely and trust.

14.2 In case of simple negligence according to clause 14.1, the liability is limited to typical damages which were foreseeable at the time of the conclusion of the contract or at the time of the breach of duty.

14.3 esthetic space's liability due to the breach of an expressly granted warranty, for damages under the Product Liability Act or for injury to life, limb or health shall remain unaffected.

15. Granting of rights

15.1 esthetic space may grant you the opportunity to post your own content on the platform and thus make it publicly available. This own content is in particular customer reviews, photos and similar material, which may be protected by copyright. In order for esthetic space to be able to use such content in the context of the operation of the sales platform, a grant of rights from you to esthetic space is required in accordance with clause 15.2 below.

15.2 If you decide to post content (e.g. customer reviews) on the platform, you grant esthetic space a simple, non-transferable right of use, unlimited in time and place for the duration of the underlying right, to use the content for purposes of operating the platform and advertising it. esthetic space will endeavor to always name you as the author (unless you have indicated that you wish to remain anonymous), but reserves the right to abbreviate or omit such credit. However, this does not entitle you to the publication of the content, and esthetic space reserves the right to change the content.

15.3 You agree to indemnify esthetic space against all claims of third parties that are asserted against esthetic space and are related to the content that you have posted on the platform.

16. Collection, processing and use of personal data

We use your e-mail address collected in connection with the order to offer you our own similar goods or services. You can object to this use of your e-mail address at any time without incurring any costs other than the transmission costs according to the basic rates. The easiest way to do this is to click on the link at the end of our e-mail or to unsubscribe your e-mail address via the link "Unsubscribe newsletter". You can also send your objection to: privacy@esthetic-space.com. For more information on data protection, please click here.

17. Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. You can find our e-mail address in our imprint. esthetic space is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

18. Final Provisions

18.1 For contracts with registered traders, the place of performance for delivery and payment shall be the place of jurisdiction of the registered office of esthetic space, with the proviso that esthetic space shall also be entitled, at its own discretion, to bring an action at the place of the registered office or at the place of a branch of yours. If you do not have a general place of jurisdiction in Germany or if you move your place of residence or usual place of abode outside the territory of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the place of business of esthetic space. This also applies if your place of residence or habitual abode is not known at the time the action is brought.

18.2 You may only offset counterclaims that are either undisputed, legally binding or ready for a decision.

18.3 German law shall apply. The provisions of the UN Sales Convention shall not apply in the relationship between esthetic space and you.

18.4 Ancillary agreements have not been agreed.

18.5 Should individual provisions of these general terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions.