General Terms and Conditions
General Terms and Conditions for subscriptions, other products and online transactions
§ 1 Scope of these Terms and Conditions
(1) These General Terms and Conditions apply for all services which Health and Beauty Germany GmbH (in the following termed “Health and Beauty”) provides within the scope of ticketing, magazine subscriptions and the shop sales (Books, DVDs, CDs).
(2) These General Terms and Conditions apply exclusively. Contradictory conditions or conditions of the customer which deviate from our Terms and Conditions will not be accepted, except when Health and Beauty has agreed to this expressly in writing in the individual case.
§ 2 Conclusion of the contract
(1) Orders can be placed in writing (by fax, by mail or by email), at a trade fair or via our online shops (www.beauty-forum.com, www.bodylife.com and www.cossma.com). In the event of an order via the online shop, Health and Beauty will send an automatic confirmation of receipt of your order. This does not yet represent an acceptance. Acceptance takes place through an express notification or by taking up the service.
In addition, the customer service of Health and Beauty also accepts orders by telephone. These are fixed with a postal letter or shipment of the goods.
(2) Obvious errors, print, writing, calculation and costing errors are non-binding and do not justify a claim.
(3) In as far as certain services are only provided to certain customer groups (e.g. admission tickets to professional visitors of trade fairs), Health and Beauty retains the right to check the legitimation of the customer.
§ 3 Health and Beauty Services
(1) Health and Beauty will supply the customer with the agreed trade magazines at the desired subscription model.
(2) The participation in online seminars is only possible after prior registration. Health and Beauty retains the right to cancel online seminars (including short-term). In this case Health and Beauty will inform the registered participant immediately by email.
§ 4 Types of subscriptions; Terms
(1) The customer can choose between the following offers:
- BEAUTY FORUM, Nailpro, medical BEAUTY FORUM and/or MY BEAUTY BUSINESS
- "BASIC Print", "BASIC Online" and/or "Premium Kombi"
- body LIFE and/or Trainer
- Print subscription incl. online use
- Cossma (in German and/or English)
- E-Paper subscription or Print subscription (incl. E-Paper subscription)
We also offer all trade magazines as mini-subscription for testing.
(2) If the customer wishes to switch to another subscription offer during the current year this is also possible during the current year, however only if he wishes to switch to a higher level.
(3) The subscription lasts for one year respectively and will be extended automatically by a further year if it is not cancelled one month prior to expiry of the term either by Health and Beauty or the customer.
§ 5 Right of revocation
Provided the customer is a consumer, there is a legal right of revocation:
Revocation instruction
Right of revocation
You may revoke your contract declaration within 14 days without specification of reasons in text form (e.g. letter, fax, email) or – if the item is provided before expiry of the term – also as return delivery of the item. The term begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurrent delivery of similar goods not before receipt of the first part delivery) and not before fulfilment of our duties of information pursuant to Article 246 § 2 in combination with § 1 paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code), as well as our duties pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in combination with article 246 § 3 EGBGB. To comply with the revocation period, it suffices to send off the revocation or the item on time. The revocation must be addressed to:
Health and Beauty Germany GmbH
Customer Service
Ludwig-Erhard-Str. 2
76275 Ettlingen
Germany
Fax: +49 (0)7243 7278-162
Revocation consequences
In the case of an effective revocation the mutually received services must be given back and any profit drawn (e.g. interest) surrendered. If you are unable to return the received services as well as uses (e.g. benefits of use) or return them only in part or only in a deteriorated state, or surrender these, you must compensate the value. You do not have to compensate the value for a deterioration caused by a proper use of the item. You only have to compensate the value for profit drawn, in as far as you have used the goods in a manner which goes beyond the testing of the properties and operating mode. By "Testing the properties and operating mode" one understands the testing and trying out the respective goods, as it is possible and usual in the retail store. Items which can be sent by parcel delivery must be returned at our costs and risk. Goods which cannot be sent by parcel delivery will be picked up from your premises. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration or the item, for us with receipt of these.
End of revocation instruction
§ 6 Prices and terms of payment
(1) The prices of the different subscription offers are shown in the service overview.
The prices can reduce or increase during the period of the subscription of one year respectively. Such changes do not concern the current year, in the case of an extension of the subscription (including implicit) the then current subscription price will be valid in the following year.
A price increase can be conducted in an appropriate scope due to risen production or distribution costs (paper, printing, wage and distribution costs) A price increase does not entitle to an extraordinary termination.
(2) All specified prices are quoted inclusive of the respective legally valid VAT. Payment must be made in advance and will be due immediately after acceptance of the contract by Health and Beauty.
(3) Health and Beauty retains the right to demand advance payment in the individual case. A possibly reduced subscription price can only be granted after submission of the corresponding certification.
(4) The delivery of the magazines is free domicile.
(5) In as far as the customer does default in payment, or paid amounts are back-posted, resp. charged back, Health and Beauty will transfer the documents to the legal department (collection agency) after repeated written reminders. In this case, lawyer’s and court fees can be added to the outstanding amount and the reminder charges. These costs will be for the account of the customer.
(6) The customer shall be entitled to offset only if and as far as his counter-claims have been legally determined, are undisputed or have been accepted by Health and Beauty.
§ 7 Delivery, Shipping costs
(1) Health and Beauty will deliver the ordered goods promptly to the address specified by the customer in the order, provided the corresponding payment terms have been met. Health and Beauty is entitled to make part deliveries, as far as this is reasonable for the customer.
(2) The delivery will be made at the shipping costs shown for the respective individual case. Please clarify the delivery costs to countries which are not listed in the delivery costs list with us in advance.
(3) All risks and dangers of the shipment are transferred to the customer as soon as the goods are handed over to the logistics partner commissioned by Health and Beauty.
(4) Information about the expected delivery period is non-binding, provided Health and Beauty has not issued the customer a binding assurance in writing in the individual case.
§ 8 Possible uses of the other offers
The customer names the magazines which he would like to receive within the scope of his subscription. A modification within the current year is not possible.
The participation in the online seminars is possible exclusively for the subscriber (“BASIC Online or PREMIUM Kombi”), who has concluded the contract with Health and Beauty.
§ 9 Data protection
The protection and safety of the personal data of our users is very important to us. It is par for course that we comply with the legal provisions, in particular the Federal Data Protection Act.
§ 10 Liability for defects
(1) Health and Beauty shall be responsible for any defects, which are present at the time of handing over the goods, according to the legal provisions.
In as far as the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the limitation period is 12 months.
(2) Health and Beauty cannot guarantee that its online services are available at all times. Foreseeable maintenance work will be carried out as far as possible after advance notice.
(3) The number and contents of the online seminars can change. If, in the individual case, online seminars are cancelled, Health and Beauty will not be liable for compensation.
(4) In as far as the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), it shall immediately notify any defects to the delivered goods.
§ 11 Miscellaneous
(1) Health and Beauty retains the right to amend these Terms and Conditions at any time without giving any reasons. The new Terms and Conditions will be provided to the customer in a suitable manner, as a rule by email. They will be deemed as agreed if the customer does not object to their validity within 14 days after receipt of the notification. The objection requires the text form, that is at least an email. In the notification, the customer is informed separately about the option of objection, the period and the consequences of his inaction.
If the customer objects, the old Terms and Conditions shall apply until the end of the contractual year. In the following year, the subscription can then only be continued at the amended, then current terms.
(2) Should individual provisions of these Terms and Conditions, including this provision, be ineffective as a whole or in part, the effectiveness of the remaining provisions or parts of such provisions remain unaffected. The respective legal regulations shall apply instead to the ineffective or missing provisions.
(3) This contract shall be governed by German law to the exclusion of UN Convention on Contracts for the International Sale of Goods (CISG). As far as the customer is a businessman, the exclusive place of jurisdiction shall be Karlsruhe.
