Terms of service
SECTION 1 SCOPE
The business relationships between Pout Saver Beauty- hereinafter referred to as "PS" - and the buyer shall be subject exclusively to the version of the following General Terms and Conditions applicable at the time the order is placed. Conflicting terms of business or purchase of the buyer shall only be deemed recognized if this has been explicitly agreed in writing.
SECTION 2 CONCLUSION OF CONTRACT
By sending an order via the website the buyer makes a binding offer to PS to conclude a purchase agreement. If you place an order with PS we will send you an email confirming receipt by us of your order and the order details (confirmation of order). This confirmation of order shall not be deemed acceptance of your offer but shall merely inform you that we have received your order. A purchase agreement shall only then be concluded when we send the ordered product to you and confirm shipment to you in a second email (shipping confirmation). No purchase contract shall be concluded regarding products from one and the same order which are not stated in the confirmation of shipment. PS does not offer any products for purchase to minors. We accept no liability for orders for our product placed by minors.
SECTION 3 RIGHT TO CANCEL WITHIN 14 DAYS
You can revoke your contractual declaration without stating grounds within 14 days in text form (e.g. letter, fax, email) or if the item is transferred to you before expiry of this period - by returning the goods. The period begins after receiving this formal advice in text form but not prior to receipt of the goods by the recipient (in the case of the recurring delivery of similar goods, not prior to receipt of the first part delivery) nor prior to fulfillment of our information duties pursuant to Article 246 Section 2 in connection with Section 1 (1) and (2) of the Introductory Law to the German Civil Code (EGBGB) and our duties under Section 312 g (1) Sentence 1 of the German Civil Code (BGB) in connection with Article 246 Section 3 of the Introductory Law to the German Civil Code (EGBGB). The period will be deemed as having been observed if notification is sent or the delivered goods are returned within this period.
Notification of cancellation must be sent to:
Pout Saver Beauty
Waldweg 14, 24598 Boostedt Germany
Email: service@poutsaver.com
CONSEQUENCES OF CANCELLATION
If the contract is successfully canceled, the delivered goods and any payments received will be returned to the relevant party to the contract and any benefits inevitably associated with the same (such as interest) surrendered. In the event that you are not able to return all or part of the goods delivered to you or benefits (such as benefits of use) drawn from such goods or if you return or are required to surrender the delivered goods in damaged condition, you will be obliged to pay a certain amount of compensation. This may mean that you may indeed be required to meet the contractual payment obligations for the period up to the cancellation. You shall only be required to provide compensation for deterioration of items and for associated benefits if such use or deterioration is due to use of the item which goes beyond the inspection of its properties and function. "Inspection of its properties and function" shall mean testing and trying out the goods in question in the way in which this is possible and customary in a conventional shop.
Goods that can be sent by parcel post have to be returned to us at your own risk. You will be liable for the standard costs of the return delivery.
Pout Saver Bauty, Inh. Caroline Ost
RETURNS
Waldweg 14, 24598 Boostedt Germany
Email: service@poutsaver.com
SECTION 4 RETURN DELIVERY COSTS
Agreement on assignment of costs: If you make use of your right to cancel you will be liable for the standard costs for the return delivery.
SECTION 5 DELIVERY
Unless otherwise agreed, delivery shall be made to the delivery address provided by the buyer. Information about the availability of products which are sold directly by PS can be found on the website (e.g. on the relevant product details page). If it is not possible to make delivery to the buyer because the delivered goods do not fit through the buyer's entrance door, front door or stairwell exit or because the buyer cannot be found at the stated delivery address despite the delivery deadline having been notified to the buyer with reasonable advance notice, the buyer shall bear the costs for failure to make delivery. Unless specified otherwise, shipping costs shall be payable for the shipment of the ordered goods. Shipping costs within Germany are 4.95 €.
SECTION 6 DISCOUNTS CODES, OFFERS AND PROMOTIONS
You may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. A code may have an expiration date, which will be stated at the time of promotion or on accompanying promotional materials that cannot be modified. When an order containing multiple items is placed using a promotional code, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The discount cannot be refunded. The value of a discount code cannot be deducted from an order if that code is defective or out of date: no replacement codes will be issued. Only one discount voucher may be used per order. Category and product exemptions may apply for discounts and promotions.
SECTION 7 DUE DATE AND PAYMENT, DEFAULT
The buyer may settle the purchase price by credit card, PayPal or in advance. PS retains the right not to offer specific forms of payment in particular cases. In the event that the buyer falls into default in payment, PS will be entitled to charge interest on arrears at an annual rate of 5% above the base rate of the European Central Bank. If PS demonstrably incurs higher costs as a result of default, PS shall be entitled to charge these to the buyer.
SECTION 8 OFFSETTING, RETENTION
The buyer shall only be entitled to offset against counterclaims which have been recognized by non-appealable declaratory judgment or which are not disputed by PS. Moreover, the buyer shall only be entitled to exercise the right to retain if the former's counterclaims arise from the same contractual relationship.
SECTION 9 PRICE
Unless otherwise explicitly stated, the prices stated by PS are inclusive of statutory value-added tax.
SECTION 10 RETENTION OF TITLE
Until full payment has been made the delivered goods shall remain the property of PS.
SECTION 11 LIABILITY FOR DEFECTS
The right to cancel your order shall not affect your rights as a buyer under statutory warranty provisions. If any goods bought from us prove to have defects of any kind, your claims as the buyer will become statute barred within two years of delivery of the goods. In the event that purchased items are defective, you shall - at your discretion - be entitled to assert statutory claims to subsequent performance, rectification/new delivery and - where special statutory conditions are met - more extensive claims to reduction in price or withdrawal and damages, including compensation for damages in lieu of performance and compensation for your abortive expenditure. Please keep the invoice delivered with the goods as evidence of purchase. If subsequent performance is provided in the form of replacement delivery, the buyer shall be required to return the goods delivered first to PS within 30 days at the cost of PS. Defective goods shall be returned in compliance with statutory provisions. PS retains the right to assert compensation claims where statutory preconditions apply. PS shall bear unlimited liability in those cases in which damages are incurred owing to willful intent or gross negligence.
PS shall also be liable for breach of major terms of the contract as a result of slight negligence where such breach would jeopardize fulfillment of the purpose of the contract or for breach of duties which must be fulfilled to enable the contract to be properly performed at all and which it would normally be reasonable to expect compliance with. In this case PS's liability shall, however, be limited to reasonably foreseeable damages which are intrinsic to the contract. PS shall not be liable for breach of duties other than those referred to above as a result of slight negligence.
The limited liability provisions referred to above shall not apply to injuries to life, limb and health, to defects occurring after acceptance of a guarantee for the warranted characteristics of the product or in instances of fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. To the extent that the liability of PS is excluded or limited, this shall also apply to the personal liability of our employees, representatives and agents in performance.
SECTION 11.1 NATURE OF GOODS
Natural Characteristics: Pout Saver products are crafted from premium, unrefined oils and raw butters, processed without heat or chemical solvents to preserve ingredient integrity. The buyer acknowledges that:
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Variations: Subtle variations in texture, aroma, or hue are inherent to the use of authentic, raw ingredients and do not constitute a product defect.
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Stability: The products respond to changes in the environment. Repeated "melt and solidify" cycles resulting from improper storage may alter product texture.
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Storage Compliance: Claims for defects are excluded where the product has been compromised by failure to follow storage instructions (e.g., exposure to direct heat, light, or moisture).
SECTION 12 APPLICABLE LAW
All deliveries shall be subject to German law.
SECTION 13 LEGAL VENUE The legal venue is Hamburg.
SECTION 14 KLARNA
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options.
Payment is to be made to Klarna:
Pay Now Pay Later Installments
Further information and Klarna's user terms can be found here. General information on Klarna is available here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
SECTION 15 SUBSCRIBE & SAVE
By placing this order you are authorizing us to charge your card for future orders at the frequency and quantity you selected. The actual cost of each shipment may vary depending on the quantity and frequency chosen. Auto-replenish items will ship automatically unless you cancel your order. All goods purchased via Auto-Replenishment are exempt from any other discounts, offers and promotions
To cancel, please visit the My Subscriptions tab within the ‘My Account’ section and simply click the "UNSUBSCRIBE" link. You will be prompted to confirm this action. Your Auto-Replenishment will be canceled and no future orders will be placed. You will receive an email notification confirming this action. If you have any questions, please email service@poutsaver.com