General Terms and Conditions


Parties, subject matter and conclusion of the respective contract

(1) InterNail is the brand name of a business operation of
MOe Beauty Group GmbH & Co. KG
Bei der Leimengrube 21
D-74243 Langenbrettach.

(2) The following terms and conditions conclusively regulate the contractual relationship regarding goods and services offered via the website or through the InterNail business operations of MOe Beauty Group GmbH & Co. KG ("We") are offered.

(3) We would like to point out that we act as entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. in the exercise of our commercial or independent professional activity and also provide our services exclusively to entrepreneurs ("customers"), who therefore act in the exercise of their commercial or independent professional activity when concluding a legal transaction with the seller (B2B).

§ 1 Application

(1) These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.

(2)These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our know- ledge of differing or contrary terms.

(3) These terms and conditions of sale shall only apply vis á vis entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB..

§ 2 Offer, Acceptance

Insofar as the order constitutes an offer within the meaning of § 145 BGB we are entitled to accept the offer within two weeks.

§ 3 Prices, Payment

(1) Prices are ex works, exclusive of the respective statutory VAT and exclusive of costs for packaging, except as otherwise expressly agreed upon.

(2)The purchase price is due and payable net within 30 days from the date of the in-voice. From the due date default interest in the amount of 9 % above the respective base interest rate p. a. shall accrue. We reserve all rights to claim further damages for delay.

§ 4 Offset, Retainer

The customer shall be entitled to offset only insofar as the customer’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgement. The customer is entitled to claim retainer rights only to the extent such rights are based on the same transaction.

§ 5 Delivery

(1) Delivery is conditioned upon timely and proper performance of all duties of the customer. Defences based on non-performance of the contract are reserved.

(2) In case of default in acceptance or other breach of duties to cooperate by the cus-tomer we are entitled to claim any result-ing damage including but not limited to additional expenses, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to the customer at the time of such default or breach of duty to cooperate.

§ 6 Passing of Risk, Shipment

If the customer demands shipment of the goods the risk of loss or damage to the goods passes to the customer upon dispatch.

§ 7 Retention of Title

(1) We retain title to the goods until receipt of all payments in full. In case of breach of contract by the customer including, without limitation, default in payment, we are entitled to take possession of the goods.

(2) The customer shall handle the goods with due care, maintain suitable insurance for the goods and, to the extent necessary, service and maintain the goods.

(3) As long as the purchase price has not been completely paid, the customer shall immediately inform us in writing if the goods become subject to rights of third persons or other encumbrances.

(4) The customer may resell goods subject to the above retention of title only in the course of his regular business. For this case, the customer hereby assigns all claims arising out of such resale, whether the goods have been processed or not, to us. Notwithstanding our right to claim direct payment the customer shall be en- titled to receive the payment on the assigned claims. To this end, we agree to not demand payment on the assigned claims to the extent the customer complies with all his obligations for payment and does not become subject to an application for insolvency or similar proceedings or to any stay of payments.

(5) Insofar as the above securities exceed the secured claim by more than 10 %, we are obligated, upon our election, to release such securities upon the customer’s re-quest.

§ 8 Warranty

(1) Precondition for any warranty claim of the customer is the customer’s full compliance with all requirements regarding inspection and objection established by sec.

(2) Warranty claims shall be time-barred after 12 months of the passage of risk.

(3) In case of non-conformity of the goods the customer is entitled to alternative performance in the form of subsequent improvement or delivery of conforming goods. If such alternative performance has failed, the customer is entitled to reduce the purchase price or to withdraw from the contract.

§ 9 Liability

(1) In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.

(2) Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.

(3) Any liability not expressly provided for above shall be disclaimed.

§ 10 Payment options; shipping costs

The customer has the option of choosing between the following (non-exhaustive) different payment methods:

  • Prepayment: If you select the prepay-ment payment method, we will provide you with the bank details of the destination account in a separate e-mail and deliver the goods after receipt of payment.
  • Cash on delivery: You pay the purchase price directly to the deliverer.
  • Credit card: You enter your credit card details during the ordering process. Your card will be debited immediately after placing the order.
  • SEPA direct debit: When you place your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and 24 and 31 December of each year. The account is debited before the goods are dispatched.
  • PayPal: In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

§ 11 Applicable law, Jurisdiction

(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods).

(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Langenbrettach, Federal Republicc of Germany.

Status: 25.01.2024