General Terms and Conditions (GTC) for commercial customers Status 01/2025
§1 Scope of application
(1) The following General Terms and Conditions (GTC) apply exclusively to all deliveries and services of Cosmetic Service.
(2) Deviations from this - in particular the validity of the client's terms and conditions of purchase - require express written confirmation by Cosmetic Service.
§2 Offers and conclusion of contract
(1) Offers from Cosmetic Service are subject to change. Prices are only valid with a written offer from the managing director and a project manager or two project managers.
(2) An order only becomes binding with a written confirmation from Cosmetic Service. Verbal agreements shall only be effective if they have been confirmed in writing by Cosmetic Service.
§3 Order quantities
(1) Unless otherwise agreed in writing, the agreed order quantity shall be deemed to be an approximate quantity. Deviations of 10% upwards or downwards are permissible. This also applies to partial deliveries.
§4 Presentations and RHBs
(1) In the case of the procurement of packaging, packaging parts and raw, auxiliary and operating materials (RHBs) specified by the client, the client is obliged to accept and pay for them in full.
(2) Cosmetic Service assumes no liability for the quality and condition of these materials.
§5 Prices and terms of payment
(1) All prices are subject to statutory VAT and excise duty.
(2) Invoices are payable without deduction immediately after delivery, unless otherwise agreed in writing.
§6 Customs duties
(1) In the case of deliveries to non-German territories, the customer shall bear all customs duties incurred and shall be responsible for their handling.
§7 Due date, default, offsetting and right of retention
(1) In the event of late payment, Cosmetic Service shall be entitled to charge interest on arrears at the statutory rate and to suspend further deliveries.
(2) The right of set-off or retention shall only apply to undisputed or legally established counterclaims.
§8 Retention of title
(1) The delivered goods shall remain the property of Cosmetic Service until full payment has been made.
(2) The client hereby assigns claims arising from the resale of the reserved goods to Cosmetic Service as security.
§9 Solvency
(1) If a significant deterioration in the client's ability to pay becomes known after conclusion of the contract, Cosmetic Service may demand advance payment or securities.
(2) If the client does not comply with this request, Cosmetic Service may withdraw from the contract.
§10 Delivery periods
(1) Delivery periods are non-binding unless expressly agreed otherwise.
§11 Order changes
(1) If the customer subsequently requests changes, the delivery period shall only commence upon written confirmation by Cosmetic Service. Deviations in dimensions, content, weights and colors caused by Cosmetic Service are permitted within the scope of customary deviations.
§12 Shipping
(1) Shipment shall be at the expense and risk of the client.
(2) If carriage paid delivery has been agreed, Cosmetic Service shall bear the freight costs to the place of destination. Additional costs such as cartage, freight receipt etc. shall be borne by the client in this case. At the request of the client, freight insurance can be taken out; any costs incurred shall be borne by the client.
§13 Packaging material
Packaging costs will be invoiced separately, unless otherwise agreed.
§14 Liability for defects
(1) The quality of the delivered goods shall be deemed accepted as soon as a release sample has been released in writing by e-mail, fax or letter.
(2) If an approval sample inspection is carried out, Cosmetic Service assumes no liability for defects that the client could have recognized during a careful inspection.
(3) If defects are identified, Cosmetic Service shall be liable in accordance with the statutory provisions either by withdrawing from the contract, reducing the purchase price or delivering a replacement, provided that the rejected goods are returned to Cosmetic Service.
(4) The liability of Cosmetic Service for damages in connection with defects is governed by § 15.
(5) Claims for defects shall lapse either upon expiry of the shelf life of the contractual products or no later than 12 months after their delivery, whichever occurs first.
§15 Liability
(1) Cosmetic Service is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(2) In the event of slight negligence, liability is limited to foreseeable, typical damages.
(3) Liability for indirect damages, loss of profit or consequential damages is excluded to the extent permitted by law.
(4) Events of force majeure release Cosmetic Service from the obligation to perform.
(5) Cosmetic Service provides support with regulatory registration and advises on chemical, technical and process-related matters. Advice is given to the best of our knowledge and belief. No liability or guarantee can be assumed for the correctness or consequences of the advice given.
(6) All claims for damages and reimbursement of expenses against Cosmetic Service shall become time-barred 12 months after delivery of the goods. In the case of tortious liability, the limitation period shall commence 12 months after knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the identity of the debtor. This does not apply to cases of strict liability, liability for injury to life, limb or health, the assumption of a guarantee of quality or fraudulent concealment of a defect.
§16 Force majeure
(1) Events of force majeure, including but not limited to strikes, operational disruptions, shortages of raw materials or government intervention, which are beyond the control of Cosmetic Service, shall release Cosmetic Service from any contractual obligations. In such cases, Cosmetic Service shall be entitled to withdraw from the contract in whole or in part without the client being entitled to claim damages.
§17 Storage and losses
(1) Cosmetic Service shall only be liable for damage or loss to the client's own packaging in the event of gross negligence or intent.
§18 Secrecy
(1) Both parties undertake to maintain confidentiality.
(2) Exceptions exist for information that is generally known or must be passed on due to legal regulations.
§19 Place of jurisdiction, place of performance and applicable law
(1) The place of jurisdiction and place of performance is Frankfurt am Main, provided the client is a merchant, a legal entity under public law or a special fund under public law.
(2) German law shall apply.
§20 Final provisions
(1) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
Cosmetic Service GmbH
Eppertshausen
The management
