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Conditions of Use Facial Delight™
In order to make the business practices of Facial Delight more transparent, we have outlined some of our principles in this section.
The Facial Delight team and the respective distributor will gladly assist you with any questions you may have about our terms and conditions or methods of payment, or other question concerning our product.
- Facial Delight products have to fulfil the highest qualitative demands. Our products have gone through many quality controls before they reach our customers. Quality is our highest priority.
- All our sales partners act as contact persons for our customers. Problems are solved swiftly, without bureaucratic delay and with the welfare of our clients in mind.
- Our product is the most natural way of face muscle training, and the results will speak for themselves. For this reason we deliberately avoid comparison or defamatory advertising or aggressive marketing.
- Honesty in our dealings with our sales and business partners forms the basis of mutual success.
- Unique product + quality + service + customer satisfaction = Facial Delight
Please read the General Terms and Conditions for placing an order with us:
1. Sphere of application
The following General Terms and Conditions in the version valid at the time of order apply exclusively for the business relationship between Facial Delight CC (incl. the authorized distributor Kaelin People Development), hereinafter referred to as Facial Delight, and the customer. Facial Delight does not recognize differing conditions of the customer, unless Facial Delight explicitly agrees to their validity. Note: The General Terms and Conditions of Facial Delight below also apply to orders made via the authorized distributors Kaelin People Development. Facial Delight is represented regionally by these companies.
2. Conclusion of contract
Your order constitutes an offer to conclude a sales agreement with us. When you place an order via the Internet we will send you an e-mail confirming the receipt of your order and listing the details (order confirmation). This order confirmation does not constitute an acceptance of your offer but merely informs you that we have received your order. A sales agreement is concluded only when we send the ordered product to you and confirm the dispatch with a second e-mail (shipping confirmation). Facial Delight CC does not offer any products to minors; our products may be purchased only by adults. Please note that we sell our products only in household quantities. For bulk orders special conditions apply. Please contact us in this regard.
The customer may revoke the agreement in written form (also by e-mail) or by returning the item within two weeks of receipt. Should the order value be higher than €40,00, Facial Delight (or the respective distributor) will reimburse the costs of the return shipment. Please note that Facial Delight may retain a decrease in value through usage.
Send packages to:
Magic and Arts - Facial Delight
service[at]magic and arts.com
Unless otherwise agreed the item is delivered ex warehouse to the delivery address indicated by the customer. The details concerning delivery period are not binding, unless a binding delivery date was guaranteed. Should Facial Delight’s supplier, in spite of contractual obligations, not supply Facial Delight with the ordered article, Facial Delight is entitled to withdraw from the sale. In this case the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be reimbursed immediately.
5. Maturity and payment, delay
The customer may pay the purchase price on account (under the conditions set out in section 6), by credit card, debit entry, cash in advance or C.O.D. New customers may not buy on account. Should the customer defer payment Facial Delight is entitled to charge default interest of 5 % above the basic interest rate published by the European Central Bank. Should Facial Delight have incurred a provable higher default damage Facial Delight is entitled to assert the same.
6. Special conditions for purchase on account
Payment on account is available only to customers over the age of 18. The delivery address, the home address and the invoice address must be identical and located in Germany, Switzerland or South Africa. A delivery on account can only be made against cash in advance. Deviations from this are the responsibility of the respective distributor.
7. Set-off, retention
The customer is entitled to set-off only when his counterclaims have been finally ascertained or accepted by Facial Delight. He is entitled to exercise a right of retention only to the extent as his counterclaim is based on the same contractual relationship.
8. Reservation of title
The goods delivered remain the property of Facial Delight until paid for in full.
9 Liability for defects
If the purchased item is defective the customer may claim subsequent performance (remedy of defects or replacement). Should the subsequent performance fail the customer may, in case of a substantial defect, withdraw from the contract, reduce the purchase price or claim damages. The customer may not cede these claims. Unless otherwise indicated hereinafter all further claims of the customer – regardless of legal reasons – are excluded. Facial Delight therefore does not assume liability for damage that did not occur with the object of delivery itself; in particular not for any property loss of the customer whatsoever. Insofar as the liability of Facial Delight is excluded or limited this also applies for the personal liability of employees, representatives or agents. The above liability restriction does not apply if the cause of damage is due to intent or gross negligence or if damage to persons occurred. It also does not apply if the customer raises claims in accordance with sections 1 and 4 of the Product Liability Act. Should Facial Delight breach a contractual duty through negligence the obligation to render compensation to for damage to property is limited to the usually occurring damage. If the subsequent performance is done by way of replacement the customer is obliged to return the first delivered article within 30 days to Facial Delight or to the authorized distributor. If the item is not delivered to Facial Delight or the authorized distributor within this period Facial Delight is entitled to claim replacement for the first delivered item and to deduct this from the payment. The period of limitation is 24 months, calculated as from delivery.
10. Customer data
data protection We know that the careful handling of your personal information is important, and appreciate your trust that Facial Delight will deal responsibly with this information. With this declaration you agree that Facial Delight may use the personal data for the purposes set out below. This consent may be revoked at any time. Competent office The competent office within the meaning of the Federal Data Protection Act is primarily Facial Delight CC (South Africa), and, secondarily, the distributors in Germany and Switzerland (see contacts). Collecting and using personal information of our customers We use your personal data only for the handling of orders, the delivery of goods and services, for payment processing, and to communicate with you about orders, products, services and marketing offers (see communication per e-mail below). Your data will not be made accessible to third parties or other businesses, but will remain with Facial Delight or the authorized distributors. We collect the following information: Information that you give us: We record and save all information that you give us in connection with an order or inquiry. This data will be used exclusively for Facial Delight and the authorized distributors and to communicate with you. The data will not be given to third parties (eg other businesses). Automatic information: As soon as you contact us we receive and save certain information. Among others we use – like many other websites – so called “Cookies” and receive certain information as soon as your web browser opens the Facial Delight website. Communication per email: In order to inform you regularly about new products, special offers and warranty services we save your email address. Buying at Facial Delight is safe. Facial Delight does not give your customer data to third parties, but saves them purely for our own purposes. Your personal data will only be passed on to the distributors linked to Facial Delight so that warranty claims and deliveries can be handled and processed. The data will also not be passed on to third parties by the distributors. When passing personal information to our distributors to the extent as described above – information in countries outside the European Economic Area – we ensure that the information is in accordance with the data protection declaration and the German data protection laws.
11. Applicable law
The German law applies under exclusion of the UN purchase law.