General Terms and Conditions of Sale

Sec. 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: GTCS) apply fully and exclusively to all contracts concluded via our online store between us, MustHave Global, owner Anna Kloos ("MustHave" or "We"), and the Customer (hereinafter: "Customer").

(2) These GTCs apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example, even if we accept the Customer's deliveries and services without reservation in knowledge of the Customer's General Terms and Conditions.

(3) The GTC applies regardless of whether you are a consumer, entrepreneur, or merchant.

(4) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.

(5) The version of the GTC that is valid at the time the contract is concluded shall apply.

(6) We do not accept deviating conditions of the Customer. This also applies if we do not expressly object to the integration.

Sec. 2 Conclusion of contract

(1) The presentation and advertising of items in our online store do not constitute a binding offer to conclude a purchase contract.

(2) By sending an order via the online store by clicking on the button "order with obligation to pay," you place a legally binding order.

(3) We will immediately confirm receipt of your order placed via our online store via e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) If it is not possible to deliver the goods you have ordered, for example, because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, the conclusion of the contract is excluded. We will inform you immediately and refund any payments already received without undue delay.

Sec. 3 Right of withdrawal

(1) If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return shipment.

(3) In all other respects, the provisions set out in detail in the following shall apply to the right of withdrawal

Withdrawal Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without the need to state any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise the right of withdrawal, you must inform us (MustHave Cosmetics, Inh. Anna Kloos, c/o RA Benjamin Schell, Augustaanlage 7-11, 68165 Mannheim, phone: +49 (0) 621 44581217, e-mail: info@musthave-cosmetics.com) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, which is not mandatory.

In order 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 Withdrawal If you withdraw from this 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 at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we 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 for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or physically transfer the goods to us immediately and, in any case, within fourteen days at the latest from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You 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 are not necessary for checking their condition, properties, and functionality. -- End of the withdrawal policy-

(4) The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to Customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded.

Sec. 4 Terms of delivery and reservation of advance payment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - upon conclusion of the contract.

(3) In the case of orders from Customers whose place of residence or business is abroad or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

Sec. 5 Prices and shipping costs

(1) All prices quoted in our online store are gross prices, including statutory VAT, and do not include shipping costs.

(2) The shipping costs are indicated in our prices in our online store. The price, including VAT and shipping costs, will also be displayed in the order form before you send the order.

(3) If we fulfill your order in accordance with Sec. 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your declaration of will in accordance with Sec. 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see Sec. 3 para. 3 for other consequences of withdrawal).

Sec. 6 Terms of payment and offsetting and right of retention

(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.

(2) You can currently refund the purchase price and shipping costs at your discretion using the following processing options: PayPal, SOFORT, credit card, and prepayment. A direct debit authorization is also valid for further orders until revoked.

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

Sec. 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

Sec. 8 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. This limitation of liability also applies to our vicarious agents.

(3) Our liability for damages resulting from injury to life, body, or health under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

Sec. 9 Copyright

We retain copyrights to all images, films, and texts published in our online store. Use of the images, films, and texts is not permitted without our express consent.

Sec. 10 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office. In all other respects, the applicable statutory provisions shall apply to local and international jurisdictions.

(3) These terms was originally drafted in German and subsequently translated into English. In the event of discrepancies, ambiguities, or contradictions between the German and the English version of these terms, the German version shall exclusively prevail and be binding. Both parties hereby confirm that they have understood the meaning and legal effect of each clause of these terms and recognize the German version as the binding version.

Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.