Terms of service
Table of Contents
1. Scope
2. Offers and Specifications
3. Order Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Availability of Goods
6. Payment Options
7. Voucher Redemption Conditions
8. Reservation of Title
9. Warranty for Defects and Guarantee
10. Liability
11. Cancellation Policy
12. Storage of the Contract
13. Final Provisions
1. Scope
1.1. The business relationship between COSLINE Cosmetics GmbH, Am Reichenbach 1B, 79249 Merzhausen, Germany (hereinafter "COSLINE") and the Customer (hereinafter "Customer") is governed exclusively by the following General Terms and Conditions as at the time of the order. In the case of purchase orders with shipment to Switzerland, a contractual relationship is also established with MeinEinkauf AG, Fürstenlandstrasse 35, CH-9001 St. Gallen, Switzerland (hereinafter referred to as "MeinEinkauf").
1.2. A consumer within the meaning of Section 13 AGB is any natural person who enters into a legal transaction for purposes that are predominantly outside the consumer’s trade, business or profession (13 BGB).
1.3. Any deviating terms and conditions relied on by the Customer will not be recognised unless COSLINE expressly agrees to their validity.
2. Offers and Specifications
2.1. The presentation of products in the online shop system (hereinafter referred to as “ShopSystem”) or in catalogues and brochures does not constitute a legally binding offer but an invitation to place an order. Specifications in catalogues, in the ShopSystem and on the COSLINE websites do not constitute any assurance or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise indicated in the product description. Errors remain reserved.
2.3. COSLINE reserves the copyright to product documents and promotional material.
3. Order Process and Conclusion of Contract
The order process for concluding a contract in the ShopSystem comprises the following steps:
(1) Selecting the item in the desired specification (size, colour, quantity)
(2) Placing the item in the cart
(3) Clicking the "Checkout" button
(4) Signing in to customer account or selecting express checkout
(5) Selecting the billing and delivery address
(6) Selecting the payment method
(7) Checking and revising the order and all entries
(8) Accepting the terms and conditions, cancellation policy and privacy policy
(9) Clicking the "Order with obligation to pay" button
(10) Automatic confirmation of receipt of the order is sent by email.
3.1. Before submitting the order in the ShopSystem, the Customer can change and view the data at any time and use their browser’s "Back” button to return to the cart or cancel the order process altogether. Required fields are indicated with an asterisk (*). COSLINE will then send the Customer an automatic confirmation of receipt by email, which once again itemises the Customer's order. Where an order is made in the ShopSystem, the automatic confirmation of receipt merely documents that the Customer's order has been received by COSLINE and does not constitute acceptance of the order. The purchase contract is only concluded where COSLINE, or MeinEinkauf in the case of orders from Switzerland, ships or delivers the ordered item to the Customer within 4 working days or confirms shipment to the Customer within 4 working days, by way of a second email, an express order confirmation, a request for payment or submission of the invoice.
3.2. In addition to the ShopSystem, orders can also be placed by means of remote communication (telephone/email), in which case the order process for concluding the contract comprises the following steps:
(1) Calling the order hotline / sending the order email
(2) If the Customer's email address has been provided: Automatic confirmation of receipt by email that the order has been received. The purchase contract is only concluded where COSLINE ships or delivers the ordered item to the Customer within 4 days or confirms shipment to the Customer within 4 working days, by way of a second email, an express order confirmation, a request for payment or submission of the invoice.
3.3. If COSLINE allows payment in advance, the contract will be concluded upon provision of the bank details and payment request. If a payment that has become due is not received by COSLINE within 10 calendar days of having sent the confirmation of receipt, COSLINE will cancel the contract as a result of which the order will be invalid and COSLINE will have no obligation to effect delivery. The order is thus discontinued, for the Customer and COSLINE, without any further consequences. In the case of advance payments, therefore, the item is reserved for a maximum of 10 calendar days.
3.4. In the case of deliveries to Switzerland, the purchase contract is concluded between the Customer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth shipping, MeinEinkauf GmbH in Constance, Germany (DE285677365) is integrated into the retail chain. This does not result in any additional costs to the Customer.
4. Prices and Shipping Costs
4.1. All prices shown on the COSLINE website include the applicable statutory value added tax.
4.2. In addition to the indicated prices, COSLINE charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer on the information page entitled Shipping, Payment and Delivery (https://www.cosline.de/policies/shipping-policy) as well as during the order process.
4.3. Information page with details of delivery and shipping costs:
https://www.cosline.de/policies/shipping-policy.
5. Delivery, Availability of Goods
5.1. Where advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the Customer, despite three attempts at delivery, COSLINE may cancel the contract. Any payments made will be refunded to the Customer without undue delay.
5.3. If the ordered product is unavailable because COSLINE, through no fault of its own, has not been supplied with this product by its supplier, COSLINE may cancel the contract. In this case, COSLINE will inform the Customer without undue delay and, where appropriate, suggest the delivery of a similar product. If no similar product is available or if the Customer does not wish to receive a similar product, COSLINE will reimburse the Customer without undue delay for any payments already made.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on the separate information page entitled Shipping, Payment and Delivery (https://www.cosline.de/policies/shipping-policy) or in the relevant product description.
6. Payment Options
6.1. The Customer can choose from the available payment methods during and before completing the order process. The Customer has the following payment options:
(1) PayPal - Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the Customer. Customers are forwarded directly to PayPal at the end of the order process. For Customers with a PayPal account, the following PayPal terms and conditions of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If Customers use PayPal's services without holding a PayPal account, the following terms and conditions of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms and conditions:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(1a) PayPal Express - If PayPal Express is selected as the payment method, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms and Conditions of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects PayPal Express as the payment method during the online order process, a payment order will be issued to PayPal when the Customer clicks the button to conclude the order process. In this case, the seller already indicates acceptance of the Customer's offer at the moment when the Customer initiates payment by clicking the button to conclude the order process.
(2) Klarna with invoice, direct debit, instant bank transfer or credit card (only DE, AU, DK, NL, SE) - When purchasing via Klarna’s payment methods, the invoice amount is due for payment to the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Klarna’s payment methods are available to private Customers from DE, AU, DK, NL, SE and their use requires, among other things, a successful address and credit check by Klarna GmbH. If, with respect to certain offers, the Customer is authorised to purchase via Klarna following a credit check, the payment is processed in cooperation with Klarna GmbH, to whom we assign our right to claim payment. In this case, the Customer can only discharge the debt by making payment to Klarna GmbH. For purchases via Klarna, we remain responsible for general Customer enquiries (e.g. regarding the goods, delivery time, shipping), returns, complaints, issuing and sending cancellation notices, and credit notes. The General Terms and Conditions of Klarna GmbH apply and are available at https://www.klarna.com/de/agb/
(3) Amazon Pay - If the payment method Amazon Pay is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as: “Amazon”). The Customer must be registered with Amazon Pay to use this payment method. The payment transaction is conducted on the basis of Amazon Pay’s terms and conditions, which are also communicated to the Customer during the order process. The Customer is redirected to Amazon Pay before finalising the order and can choose from the payment methods offered by Amazon Pay. After the order is placed, the payment transaction will be authorised via Amazon Pay. Further information and conditions: https://pay.amazon.de/.
(4) Credit card - You enter your credit card details when placing the order. Once you have been verified as the lawful cardholder, the payment transaction will be carried out automatically and your card will be debited.
(5) Shopify Payments - When selecting a payment method offered via the payment service Shopify Payments, payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify are communicated to the Customer in the seller's online shop. Shopify may use other payment services to process payments, for which special payment terms may apply. The Customer will be informed of these separately, where appropriate. Further information on Shopify Payments can be found on the internet at https://www.shopify.de/payments.
(5a) Shopify Payments: Google Pay - In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google. You will need to activate the Google Pay function, identify yourself with your login details and confirm the payment instructions. The payment transaction is carried out immediately after placement of the order. You will receive further information during the order process.
(5b) Shopify Payments: Apple Pay - In order to pay the invoice amount via Apple Pay, you must use the "Safari" browser and be registered with the service provider Apple. You will need to activate the Apple Pay function, identify yourself with your login details and confirm the payment instructions. The payment transaction is carried out immediately after placement of the order. You will receive further information during the order process.
6.2. Unless otherwise agreed, the prices apply from COSLINE´s registered office exclusive of shipping costs. The shipping costs will be communicated before the order is sent.
6.3. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.4. If third-party providers are commissioned to carry out payment processing, e.g. PayPal, their general terms and conditions apply.
6.5. If the due date for payment has been defined according to the calendar, the Customer will be in default if they miss the deadline. In this case, the Customer must pay the statutory default interest.
6.6. The Customer's obligation to pay default interest does not preclude COSLINE from asserting further damages for default.
6.7. The Customer only has a right of set-off in respect of counterclaims that have been established as final and absolute or recognised by COSLINE. The Customer may only exercise a right of retention with respect to claims resulting from the same contractual relationship.
6.8. Discounts or discount vouchers (e.g. a voucher with a discount code) can only be redeemed in accordance with the terms and conditions of the respective sales promotion. Multiple discounts and discount vouchers cannot be combined.
6.9. Information page with details of payment methods: https://www.cosline.de/policies/shipping-policy.
7. Voucher Redemption Conditions
7.1. Vouchers can only be redeemed in the ShopSystem. Redemption by telephone, letter, fax or email is not possible.
7.2. Each voucher code can only be used once.
7.3. Only one voucher code can be redeemed per order.
7.4. Vouchers or credit (remaining) on vouchers cannot be redeemed for cash.
7.5. Voucher’s cannot be credited retrospectively.
7.6. If the value is not sufficient to cover the invoice, another payment method (offered by us) can be selected to settle the difference.
7.7. Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased.
8. Reservation of Title
The delivered goods remain the property of COSLINE until receipt of the full and final payment.
9. Warranty for Defects and Guarantee
9.1. The warranty is governed by statutory provisions.
9.2. A guarantee only exists in respect of goods supplied by COSLINE if it has been expressly issued. Customers are informed of the terms of the guarantee before initiating the order process.
10. Liability
10.1. COSLINE's liability for damages is subject to the following exclusions and limitations of liability without prejudice to the other statutory conditions for bringing a claim.
10.2. COSLINE is liable without limitation insofar as the cause of damage is due to intent or gross negligence.
10.3. Furthermore, in the case of simple negligence, COSLINE is liable for a breach of material obligations which jeopardises the purpose of the contract, or for a breach of obligations that are essential for proper execution of the contract and upon compliance with which the Customer generally relies. In this case, however, COSLINE is only liable for foreseeable and customary loss. COSLINE is not liable, in the case of simple negligence, for any breach of obligations other than those referred to in the foregoing sentences.
10.4. The foregoing limitations of liability do not apply in the event of death, physical injury or damage to health, or with respect to a defect which arises following the issue of a guarantee regarding the quality of the product, or in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. To the extent that COSLINE’s liability is excluded or limited this also applies with respect to the personal liability of employees, representatives and vicarious agents.
11. Cancellation Policy
Cancellation Right
You have the right to cancel this contract within thirty days without specifying reasons.
If you ordered one or more items as part of a single order and the item or items are delivered in a single delivery, the cancellation period is thirty days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods; or, if you ordered multiple items as part of a single order and the goods are delivered separately, then from the day on which you, or a third party designated by you who is not the carrier, took possession of the final items; or, if you ordered items that are delivered in several partial consignments or pieces, then from the day on which you, or a third party designated by you who is not the carrier, took possession of the last partial consignment or the last piece.
In order to exercise your cancellation right, you must notify us (COSLINE Cosmetics GmbH, Am Reichenbach 1B, 79249 Merzhausen, Germany, Tel: 0761 / 870 703 - 0, Fax: (+49) 0761 / 870 703 - 99, Email: info@cosline.de) by way of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form but this is not obligatory. To exercise the cancellation right, it is sufficient that you send us notification that you are exercising your right to cancel prior to the lapse of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we must refund all payments which we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery option other than the cheapest standard delivery which we offer), without undue delay and in any case within thirty days of the day on which we received your notification to cancel this contract.
For the purpose of this refund, unless otherwise expressly agreed with you, we will use the same means of payment that you used for the original transaction; you will never be charged a fee for this refund.
We can refuse to refund payment until we have received the returned goods or until you provide proof that you have sent back the goods, whichever is the sooner. You must return or hand over the goods to us without undue delay and in any case at the latest within thirty days from the day on which you notified us of the cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the thirty-day period.
You bear the direct costs of returning the goods. You will only have to bear the cost of any loss in value of the goods if such loss in value is due to any handling of the goods beyond that necessary to establish their nature, characteristics and functionality.
Specimen Cancellation Form
(If you wish to cancel the contract, please complete and return this form.)
- COSLINE Cosmetics GmbH, Am Reichenbach 1B, 79249 Merzhausen Fax: (+49) 0761 / 870 703 – 99, Email: info@cosline.de:
- I/we (*) hereby cancel 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 the Customer(s)
- Address of the Customer(s)
- Signature of the Customer(s) (only in the case of notification on paper)
- Date ---------------------------------------
(*) Delete as appropriate.
Exclusion of Cancellation Right
The cancellation right does not apply to contracts
- for the supply of goods that are not prefabricated and the production of which is governed by an individual choice or decision by the Customer or that are clearly tailored to the personal needs of the Customer;
- for the supply of goods that are highly perishable or that would quickly exceed their expiry date;
The cancellation right expires earlier in the case of contracts
- for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal is broken after delivery;
- for the supply of goods that by their nature are inseparably mixed with other items after delivery.
End of Cancellation Policy
12. Storage of the Contract
12.1. In the final step of the order process, before submitting the order to COSLINE in the ShopSystem, the Customer can print out the text of the contract by using the print function in their browser.
12.2. COSLINE will also send, to the email address provided by the Customer, an automatic confirmation of receipt containing all the order data. With the confirmation of receipt, but in any case no later than upon delivery of the goods, the Customer will also receive a copy of the General Terms and Conditions as well as the Cancellation Policy together with the Information on Shipping Costs and the Delivery and Payment Terms. If you have registered in our ShopSystem, you can view the orders you have placed under your profile. In addition, we store the contract but do not make it accessible on the internet.
13. Final Provisions
13.1. If the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction and place of performance is the registered office of COSLINE.
13.2. The language of the contract is German.
13.3. We are not willing or obliged to take part in dispute resolution proceedings before a consumer conciliation body.
