General Terms & Conditions

Terms and Conditions

for the online shop at the URL

https://www.acosmicyes.com

operated by

Milliardenfactory GmbH
Fronhofstr. 4
40668 Meerbusch, Germany
Email: hello@acosmicyes.com
Phone: +49 2150 9633675

- hereinafter referred to as Provider -

1. Scope

These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts for the purchase of goods, services, or other items (hereinafter "Goods") in the online shop at the above-mentioned URL in their version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless expressly agreed to by the Provider.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is made through the online order form of the Provider. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (Order). By placing the order, the customer makes a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance is made by the Provider confirming the conclusion of the contract in written or text form (e.g., by email) (Order Confirmation) and sending this Order Confirmation to the customer, or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and sending the payment request to the customer; the decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first sentence occurs for the first time.

2.3 Before the binding submission of the order via the online order form of the Provider, the customer can check their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The Provider will save the text of the contract after the conclusion of the contract and transmit it to the customer in written form (e.g., by email). The Provider will not make the contract text accessible beyond this.

2.5 The following languages are available for the conclusion of the contract: English.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. Details can be found in the withdrawal policy, which is made available to every consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of ordering apply. All prices include statutory value-added tax and, if applicable, additional shipping costs as listed. The customer will be informed about the available payment methods in the online shop of the Provider.

4.2 If payment by credit or debit card is agreed upon, the purchase price becomes due immediately after the conclusion of the contract.

5. Retention of Title

The purchased goods remain the property of the Provider until the full payment of the purchase price.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the delivery time stated in the online shop. The applicable delivery times can be found in the online shop.

6.2 Self-collection of the purchased goods is excluded.

6.3 If the Provider is unable to deliver the ordered goods because it has not been supplied without its own fault, even though it has concluded a congruent cover transaction with a reliable supplier in a timely manner, the Provider is released from its obligation to perform and can withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Payments already made by the contracting party will be reimbursed immediately. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The regulations of statutory liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

  • for damages resulting from the injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;

  • for damages resulting from an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;

  • due to a guarantee promise, unless otherwise agreed in this regard;

  • due to mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the typically foreseeable damage, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 In all other respects, liability of the Provider as well as liability of its vicarious agents and legal representatives is excluded.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, unless this choice of law leads to the consumer being deprived of the protection of mandatory legal provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the registered office of the Provider is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.