Terms and Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Olena Özman) via the website www.akentz.de. Unless otherwise agreed, any terms and conditions used by you will be contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

An entrepreneur is any natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After clicking on the "Checkout" button and entering personal data as well as payment and shipping conditions, you will be shown the order data as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout)), you will be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system.

If redirected to the respective instant payment system, you can make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the provider's website of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview again, to change it (also using the "back" function of the internet browser), or to cancel the order. By submitting the order via the corresponding button ("order with obligation to pay"), you declare legally binding acceptance of the offer, thereby concluding the contract.

(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless otherwise stated in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, not prevented by SPAM filters.

§ 3 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted.

b) You are entitled to resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you do not properly meet your payment obligations.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transportation damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, this deviation shall only be deemed agreed if you were informed about it before submitting the declaration of contract by us and the deviation was expressly and separately agreed upon between the contracting parties.

(4) If you are an entrepreneur, the following warranty provisions apply deviating from the above:

a) Only our own information and the product description provided by the manufacturer shall be deemed agreed as the quality of the goods, not other advertising, public praise, or statements by the manufacturer.

b) In the event of defects, we shall provide warranty by repair or replacement at our discretion. If the defect remedy fails, you may demand a reduction in price or withdraw from the contract at your discretion. The defect remedy shall be deemed to have failed after the second unsuccessful attempt if nothing else arises from the nature of the goods or the defect or other circumstances in particular.

In the event of repair, we shall not bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

• to damages attributable to us arising from injury to life, body, or health and to other damages caused intentionally or by gross negligence;
• if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• in the case of items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
• to legal recourse claims that you have against us in connection with warranty rights.

d) Exchange of opened products and goods with damaged original seals, which are subject to KVO & HVO, is not possible for us due to hygienic reasons, this applies to (all liquids, UV gels, products in bottles, acrylic powders, nail oils, lotions, already used and incorrectly prepared brushes).

§ 5 Choice of Law

(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

Olena Özman
Heiligendammer Str. 17
14199 Berlin, Germany
Telephone: 03081720181
Email: info@aktzentz.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of the "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or electronically save.

4.Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices and shipping costs specified in the respective offers are net prices. They include all price components, plus the statutory value-added tax (at a rate of 19%).

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed under the section "Shipping and Payment Methods," are separately indicated during the order process, and are additionally borne by you, unless free shipping has been promised.

5.3. You are responsible for any costs of money transmission (bank transfer fees or foreign exchange fees charged by credit institutions) in cases where the delivery takes place in an EU member state but the payment is made outside the European Union.

5.4. The available payment methods are specified under the section "Shipping and Payment Methods."

5.5. Unless otherwise stated for individual payment methods, payment obligations arising from the concluded contract are due for immediate payment.

6. Delivery Terms

6.1. The delivery terms and any existing delivery restrictions can be found under the section "Shipping and Payment Methods" or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and deterioration of the goods sold passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the seller or another person to carry out the shipment. If you are a business owner, delivery and dispatch are at your own risk.

7. Statutory Warranty Rights

The warranty is governed by the provisions of the "Warranty" section in our General Terms and Conditions (Part I).

These terms and conditions and customer information have been prepared by the legal experts of the Händlerbund specializing in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings.

For more information, please visit: https://www.haendlerbund.de/en/services/legal-security/terms-and-conditions-service.

Last updated: November 29, 2023.