General Terms and Conditions (GTC) (including information for customers)

1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract and right of withdrawal
4. Prices, delivery costs
5. Delivery, product availability and return
6. Terms of payment
7. Retention of title
8. Product warranty, guarantee
9. Liability
10. Storage of the contract itself
11. Closing remarks

[Status: date]

1. Applicability
1.1. The business relationship between MAX-SUE e.U., Owner: Elisabeth Hofstätter-Kollarich, BSc, 8062 Kumberg (hereinafter referred to as the „vendor“) and the customer (hereinafter referred to as the „customer“) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.

1.2. Please address any questions or complaints to our customer service by email at

1.3. These GTCs for consumers apply to all sales and deliveries by the vendor referred to in pt. 1.1 to customers who are consumers within the meaning of the applicable laws, unless otherwise agreed in writing in individual cases. The term consumer includes men and women equally.

1.4. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honored unless the vendor expressly consents to the validity thereof in writing.

2. Offers, service descriptions
The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
All offers are valid „as long as stocks last“ unless otherwise stated in the respective product description. Errors excepted.

3. Order process, conclusion of the contract and right of withdrawal
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called „basket“ using the [Add to basket] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.

3.2. When the customer clicks the [Place order (payment will be taken)] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s „Back“ function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).

3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the „Print“ function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 working days or confirms the dispatch of the product ordered within 2 working days by sending the customer a second email, order confirmation or an invoice.

3.4. If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.

3.5. Consumers are generally entitled to a right of withdrawal.
More information on the right of withdrawal can be found in the vendor’s cancellation policy. It should be noted that the products are perfume, cosmetics, body care, body refreshment and hygiene products for daily use or are marked as such and are sealed on the outer packaging for reasons of hygiene and shelf life.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4. Prices, delivery costs
4.1. All prices indicated on the vendor’s website are inclusive of statutory value-added tax (VAT) at the valid rate.

4.2. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.

5. Delivery, product availability and return
5.1. If the customer selects advance payment delivery will occur further to receipt of the invoice amount.

5.2. The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments already made by the customer will be refunded without delay.

5.3. The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.

5.4. Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.

5.5. The vendor does not offer free return or general exchange of original, sealed, and functional products. The terms of the right of withdrawal apply.

6. Terms of payment
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.

6.2. If payment on account is available payment must be made within 14 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.

6.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.

6.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.

6.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.

6.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.

7. Retention of title
The vendor retains the title of the goods supplied until such time as full payment has been made.

8. Product warranty and guarantee
8.1. The warranty is determined according to legal regulations.

8.2. Notwithstanding the foregoing, no claim for defects shall apply to products that are considered or are labeled as perfume, cosmetics, body care, body refreshment and hygiene products for daily use if:
a) the product does not correspond to personal preferences or ideas in terms of fragrance perception, perceived consistency, presentation and packaging
b) a product that has been sealed in its original packaging until then, does not show the defect until after one year from the date of delivery of the product
c) in case of used or opened products, the defect is notified to the vendor after the PAO (period after opening / symbol cream jar with indication in [x] months) indicated on the product and/or one third of the product has already been consumed or used.

8.3. If the customer is acting as a consumer, he is requested to complain about delivered products with obvious transport damage to the deliverer and to inform the vendor thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8.4. A guarantee is generally not offered for products that considered to be perfume, cosmetics, body care, body refreshment and hygiene products for daily use or are marked as such. If this is different, the vendor shall expressly state this and draw attention to the guarantee conditions before initiating the order process.

9. Liability
9.1 The vendor is liable for damages to the person as well as in the scope of application of the Product Liability Act within the scope of the statutory regulations if these were caused by intent or gross negligence on the part of the vendor. Liability for slight negligence is excluded in the sense of
a) optical deviations of the packaging (primary and secondary packaging), which neither influence, change or damage the contents of the packaging
b) typographical or printing errors (paper or electronic), if these neither change the content nor the meaning of the text nor make it incomprehensible
c) the absence of additional product information at the time of delivery of the product, apart from the prescribed labeling/information obligation for cosmetic products.

9.2. Excluded are warranty and guarantee claims as well as liability for damage or loss resulting from the subsequent use or misuse of the products by the consumer (or an end user), in particular due to
a) normal wear and tear or product aging in the case of products with indications of durability / period of use
b) abnormal conditions of use or environment beyond the product specifications / recommendations for use
c) negligent or intentional action by the consumer (or an end user) or a non-compliance with instructions for use of the products
d) a disregard or ignorance of the content information (INGREDIENTS) in the sense of the correct product labeling according to the EU Cosmetics Regulation as amended from time to time, which lead to known or so far unknown physical reactions in the consumer (or an end user).

9.3. As far as the liability of the vendor is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

10. Storage of the contract itself
10.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).

10.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.

11. Closing remarks
11.1. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a businessperson, a legal entity under public law or a special asset under public law.

11.2. The language of the contract is German.

11.3. European Commission consumer platform for Online Dispute Resolution (ODR): We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Status: April, 11, 2021