AGB's
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded between you and us as the provider (BeautyCase Cosmetics GmbH) via the website www.shop.pigment-off.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) The purchase contract is concluded via the online shopping cart system as follows:
The products intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time. After accessing the “checkout” page and entering your personal data and payment details, all order data will be displayed again on the order overview page.
Before submitting the order, you have the opportunity to review all details again, change them (also using the “back” function of the Internet browser), or cancel the purchase.
By submitting the order via the button “order with obligation to pay,” you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded.
(3) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you may accept within 5 days.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall be carried out by email, partly in an automated manner. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Conclusion of the Contract for Download Products
(1) The subject matter of the contract is the sale of download products. By placing the respective download product on our website, we submit a binding offer to conclude a purchase contract under the conditions specified in the product description.
(2) The purchase contract is concluded via the online shopping cart system as described in § 2.
(3) Your inquiries regarding the preparation of an offer are non-binding. We will submit a binding offer to you in text form (e.g., by email), which you may accept within 5 days.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract shall be carried out by email, partly in an automated manner. You must ensure that the email address provided is correct and that receipt of emails is technically ensured and not prevented by SPAM filters.
§ 4 License of Use for Download Products
(1) The download products offered are protected by copyright. You will receive a simple (non-exclusive) license of use for each download product purchased from us, unless otherwise stated in the respective product description.
(2) The simple license of use includes permission to store one copy of the download product for your personal use on your computer or other electronic device and/or to print it out. Any further copying is prohibited. You are expressly prohibited from modifying or editing the file or parts thereof and from making it available to third parties, whether privately or commercially.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been fully settled.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value; we accept the assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) If you are an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us in writing of obvious defects within 7 days of receipt; timely dispatch shall suffice. This also applies to hidden defects discovered later from the time of discovery. Failure to comply with the inspection and notification obligations excludes warranty claims.
c) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the remedy fails twice, you may demand a reduction of the price or withdraw from the contract. In the case of repair, we shall not bear increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us resulting from injury to life, body or health, or to grossly negligent or intentional damages or fraudulent intent, as well as in cases of recourse claims pursuant to §§ 478, 479 German Civil Code (BGB).
§ 7 Liability
(1) We are fully liable for damages resulting from injury to life, body or health, in cases of intent and gross negligence, in cases of fraudulent concealment of a defect, in cases of assumption of a guarantee for the quality of the purchased item, for damages under the Product Liability Act, and in all other cases regulated by law.
(2) If essential contractual obligations are affected, our liability in cases of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the contractual purpose, as well as obligations that the contract imposes on us according to its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
(3) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the goods offered there.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationship and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is filed. The right to bring proceedings before another legally competent court remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
BeautyCase Cosmetics GmbH
Managing Director: Maria Prieb
Fischerstr. 3
40477 Düsseldorf, Germany
Phone: +49 211 152 03 296
Email: info@pigment-off.com
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by §§ 2 and 3 of our General Terms and Conditions.
3. Contract Language, Storage of Contract Text
3.1 The contract language is German.
3.2 The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3 For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print or electronically save.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective product description and supplementary information on our website.
5. Prices and Payment Terms
5.1 The prices stated in the respective offers as well as the shipping costs are net prices. Statutory VAT at a rate of 19% will be added.
5.2 Shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective product description, are shown separately during the ordering process, and must be borne by you unless free shipping has been promised.
5.3 The available payment methods are displayed under a corresponding button on our website or in the respective product description.
5.4 Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
5.5 In the case of payment by cash on delivery, additional costs of €2 apply; this fee is collected by the delivery agent on site.
5.6 For payment via PayPal, we charge a fee of 1.9% of the value of the goods.
6. Delivery Conditions
6.1 The delivery conditions, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective product description.
6.2 If you are a consumer, the risk of accidental loss or deterioration of the goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person not designated by the entrepreneur.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
7.1 Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
7.2 As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
8. Notice on Online Dispute Resolution
Online dispute resolution is available to consumers at http://ec.europa.eu/consumers/odr/.
We do not participate in out-of-court dispute resolution proceedings.
These General Terms and Conditions and customer information were prepared by IT law specialists of Händlerbund and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
Status: February 23, 2026