1. Validity of the general terms and conditions
1.1. These general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop www.masterlin.com (Opens in a new tab or window) between GW Cosmetics GmbH (hereinafter referred to as GW) and customers.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
1.3. The customer accepts these terms and conditions and agrees to them as soon as he places an order. The application of the customer’s general terms and conditions is excluded.
2. Conclusion of a contract
2.1. The product presentation on the website is not an offer, but a non-binding invitation to the customer to make an offer himself. By placing the order, the customer submits a legally binding offer. The confirmation of the reception of the order takes place together with the acceptance of the order immediately after the sending of an automated e-mail.
2.2. From the overview of the range on the online shop www.masterlin.com (Opens in a new tab or window) , the customer can select the desired product (s) by clicking on the “shopping cart symbol” or on the button labeled “Add to shopping cart”. The selected goods are stored in the shopping cart during the customer’s visit to the website www.masterlin.com (Opens in a new tab or window) . By clicking the button “Proceed to checkout” under the goods listed in the shopping cart, the ordering process is continued. On the next page, the customer is asked to log in to the online shop, provided they already have an account, or to register a new account. The customer then selects the delivery location he has chosen, the billing address and the payment method he wishes to use and enters the data required to execute the payment. When choosing external payment services such as PayPal, credit cards (VISA, Mastercard, Diners Club) and instant transfer, the customer will be redirected to the website of the respective payment service provider. Before the order is submitted, the data relevant to the order is summarized in an “order overview”. The customer is free to check his information in the order overview again and, if necessary, to correct it, before sending his order to GW by clicking on the “Order for a fee” button. By clicking the “Order for a fee” button, the customer submits a binding purchase offer for the goods he has selected.
2.3. Upon receipt of the order, GW sends an email notification to the email address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced. The contract is then concluded. (Order confirmation). This email also contains an invoice. A separate invoice will not be sent.
2.4. The orders are saved by GW and can be viewed by the customer under the link “My Account” or the account icon in the “Orders” tab.
3. Right of withdrawal
3.1. The customer can withdraw from his online contract declaration without giving reasons within 14 days.
3.2. In order to exercise his right of cancellation, the customer must inform GW of his decision to cancel the contract by means of a clear declaration (for example a letter sent by post, fax or email). For the withdrawal to be valid, the revocation must only be sent to the GW contact details given in these terms and conditions.
3.3. The customer can use the model withdrawal form for this. However, this is not mandatory. After revocation, the customer receives a return label from GW by e-mail in order to send the parcel back. GW only pays for the return shipping costs if this label is used.
3.4. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods – in the case of several goods in a single order or partial deliveries, the last goods delivered. In order to meet the cancellation deadline, it is sufficient for the customer to be able to show that he sent his note of revocation before the cancellation period has expired.
3.5. Exceptions to the right of withdrawal:
3.5.1. Sealed delivered goods cannot be taken back if the customer has removed the seal after delivery and they are therefore now unsuitable for return due to issues of health protection or hygienic reasons.
3.5.2. Furthermore, no goods can be taken back that have been manufactured according to customer specifications or tailored to the customer’s special needs.
3.6. If the customer makes use of his right of cancellation in accordance with the above provisions, the payment will be reimbursed step by step after GW has received the goods, the inspection has been carried out and the compensation is deducted in accordance with point 3.7. The customer will be reimbursed for all payments received by GW, including delivery costs, in accordance with the above provisions within fourteen days from the date GW received the declaration of cancellation. GW can refuse repayment until GW has received a confirmation of the return or until GW has actually received the return package. GW generally uses the same means of payment for this repayment that the customer used in the original transaction.
3.7. The customer must pay GW compensation for a reduction in the market value of the goods if the loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.
Click here to download a sample withdrawal (Opens in a new tab or window) form.
4.1. All prices are total prices; they contain the packaging costs as well as the applicable statutory sales tax (value added tax).
4.2. GW reserves the right to make price errors and in such a case will charge the correct lower or higher purchase price. The charging of a higher price is only possible with the consent of the customer.
5. Shipping costs
5.1. The shipping costs are added to the stated product prices.
5.2. You can find out more about the amount of shipping costs during the ordering process.
6. Terms of delivery
6.1. Unless otherwise agreed, delivery will be made by GW Cosmetics GmbH to the address given by the customer. Shipping is only possible within the EU.
6.2. The expected delivery time is 1-6 working days (weekdays with the exception of Saturdays, Sundays and public holidays), depending on the recipient’s country of origin.
6.3. If delivery or compliance with an agreed delivery time becomes impossible because the goods cannot be delivered or are not available, GW is entitled to withdraw from the contract in whole or in part. GW will notify the customer of this immediately. Claims for damages are not permissible in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process. The customer is entitled to withdraw from the contract if the delivery does not take place within 18 working days. The withdrawal must be made in the same form as a withdrawal according to these terms and conditions.
7. Maturity and retention of title
7.1. The purchase price is due at the latest after the order has been received and must be received by GW within 10 working days of receipt of the invoice. In the event of default in payment, GW is entitled to charge default interest of 1% per month. Regardless of this, GW is entitled to withdraw from the contract by setting a grace period of 3 days. The withdrawal is to be declared by email to the address of the customer.
7.2. The delivered goods remain the property of GW until they have been paid for in full. The customer therefore bears the risk of loss and deterioration of the goods from taking over the goods until full payment has been made. The customer must bear all costs associated with exercising the retention of title and taking back the goods, including reminder fees and legal fees.
8. Payment terms
8.1. GW accepts the following payment methods: PayPal, credit card (Visa, Mastercard and Diners Club) and instant transfer.
8.2. When paying by credit card, the customer’s credit card will be charged immediately after completing the order. This also happens if GW does not have the goods in stock and can only send them in a few days.
8.3. When paying with PayPal, the customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register first. After legitimation with the access data, the customer can confirm the payment order to GW. The customer receives further information during the ordering process.
8.4. When paying with immediate transfer, the purchase price must be debited from the customer’s account when the order is completed.
9.1. The statutory warranty provisions apply in accordance with the following provisions.
9.2. If the goods have a defect that was already in place when the goods were handed over to the customer or a third party named by the customer, GW must be notified of this immediately by the customer.
9.3. It is possible that the appearance of the goods differs slightly from the product images shown on the website. However, the goods are only defective if they do not have the required or usually required properties or if they cannot be used in accordance with the product description. Incidentally, the minor deviation is reasonable for the customer and GW is not obliged to provide a guarantee.
9.4. GW will then improve or replace the goods within a reasonable period of time, depending on the customer’s request. GW can then decide on the question of legal remedies if either improvement or replacement is impossible or involves disproportionately high costs for GW.
9.5. If GW fails to remedy the defect through improvement or replacement, the customer can choose between a price reduction or withdrawal from the contract.
9.6. Except in the event of a price reduction, the customer must return the goods to GW. A return at GW’s expense can only take place after the customer has contacted GW and the return conditions then communicated to the customer have been complied with.
9.7. The warranty claims become statute-barred within two years from the acceptance of the goods by the customer or a third party named by the customer. There are no warranty claims for the shelf life indicated on the product.
9.8. In the event that the goods manufacturer grants a guarantee, this is independent of these guarantee provisions in accordance with the provisions of this manufacturer.
10. Disclaimer of Liability
10.1. Claims for damages by the customer against GW are not permissible, unless GW or its vicarious agents have acted with deliberate or gross negligence.
10.2. Liability for damage to life, body and health, for negligent or willful breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when concluding the contract or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected.
10.3. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed.
11. Data protection
11.1. Data protection provisions are contained in the data protection (Opens in a new tab or window) declaration.
12.1. Offsetting against GW’s claims with counterclaims by the customer is only permissible in the event of GW’s insolvency, or if the counterclaims are legally related to the customer’s liability and have been determined by a court or have been recognized by GW.
13. Severability Clause
13.1. If a provision of these general terms and conditions should be ineffective, the effectiveness of the remaining provisions will not be affected. The ineffective provision is then to be replaced by a provision that comes closest to the economic purpose.
14. Choice of law, place of jurisdiction
14.1. These terms and conditions, including the question of their formation, are subject to Austrian substantive law, excluding the provisions of the UN Convention on the International Sale of Goods, as well as the conflict of law rules that refer to foreign law.
14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with contractual relationships between the customer and GW is the competent court for Vienna Inner City, Austria. The rights of the customer according to § 14 KSchG remain unaffected. GW also has the right to sue at the customer’s general place of jurisdiction.
GW Cosmetics GmbH
Master Lin online shop
Email: firstname.lastname@example.org (Eventually opens a programm to send an email to the recipient)
Fax: (+43) 2235 47940 – 39