Terms of Service

 

General Terms and Conditions (GTC)

General Terms and Conditions for the offers displayed at www.billion-secrets.com and all further subdomains belonging to the mentioned domain as well as for the respective uses and business transactions.

  1. General

1.1 The contractual partner for each order placed through the online shop at the above stated domain is:

Million Secrets International GmbH (hereafter referred to as: MSI GmbH)
represented by the managing directors

Thomas Göbel and Victor Sánchez
Lyoner Straße 44-48
60528 Frankfurt
Legal Notices
Our e-mail address is: msi@sa-g-group.de


1.2 The domain www.billion-secrets.com is hosted by MSI GmbH.

1.3 All business transactions and deliveries are subject to the current GTC. Any possible conflicting or differing terms and conditions do not apply.

1.4 Within the meaning of the present GTC, "consumers" are natural persons whose transactional purposes cannot be attributed to a commercial, independent or freelance activity.

1.5 You may consult our GTC at https://billion-secrets.com/pages/agb, "Terms & Conditions". Furthermore, the GTC can be printed or downloaded. 

  1. Registration

2.1 By agreeing to the current GTC and to the privacy policy, you can create your customer account at MSI GmbH. For this purpose, you have to be of legal age. However, the customer has no right to claim an account at MSI GmbH.

2.2 When registering, you have to submit your name and address as well as a password that is to be kept confidential. You will receive a confirmation of registration immediately upon the submission of your data.

2.3 Your customer account is not transferable and may not be used by anyone else. In the event of termination of the customer account by MSI GmbH, a repeated registration is prohibited.

2.4 We are not obliged to accept a registration or an order placed by a registered customer. We are furthermore not obliged to keep the offered product range constantly available. However, this does not apply to confirmed orders.

2.5 The customer account entitles you to use our online store exclusively for your own non-commercial purposes.

2.6 Your password-protected customer account enables you to check your orders, as well as to manage your address data.

  1. Conclusion of Contract

3.1 The online shop is available in both German and English. The offers displayed at the online shop exclusively target natural persons of legal age. 

3.2 Any product offered, as well as the correspondent price, is subject to confirmation and merely represents a non-binding invitation for the customer to submit a purchase bid.

3.3 The selected items are collected in the shopping cart. After the indication of the payment and delivery details, you can complete your order by clicking the "Checkout" button, submitting thus a binding purchase offer of all the products included in the shopping cart. Prior to sending a legally binding order, you have the opportunity to verify and, if necessary, modify your entries. Immediately after submitting your order, we automatically send you an order confirmation e-mail that, however, does not yet constitute a binding order acceptance but merely serves to inform you about the technically faultless transmission of your order.

3.4 A binding contract shall not come into effect until the ordered product is dispatched. In that case, you will receive another e-mail confirming the dispatch of the article. You can check your current orders in your customer account.

3.5 In case of payment in advance, the dispatch of the ordered product will take place upon credit entry of the complete amount due on our account.

3.6 Our merchandise may not be purchased for commercial resale purposes. Any industrial or commercial resale of the acquired product without our prior consent is prohibited. In the event of infringement of that regulation, we reserve the right to exclude you from any further acquisition of our merchandise.

3.7 The contractual text will not be filed with the orders.

  1. Availability, Prices

4.1 We are not obliged to keep the offered products constantly available. We do not assume any procurement risk; this also applies in case of a purchase of generic goods. The extent of our delivery obligations shall be limited to our stock of products.

4.2 Colours and designs of the products on offer can deviate from the images displayed at the online shop.

4.3 The prices shown at the online shop when the order is placed will apply. The stated prices are final prices, i.e. they include the currently applicable German legal VAT as well as other price components. In the unlikely event that the price indication is incorrect despite our best efforts, we will immediately advice you of the error, giving you the option to decide whether you want to maintain the order at the correct price or cancel your purchase bid. In case you fail to make a choice within 7 working days we will cancel the order, informing you thereof via e-mail.

4.4 In the event that the merchandise is not available or longer delivery delays are to be expected we will refund any prepayments made. In such a case, you will be notified by e-mail about delivery problems.

  1. Payment, Delivery

5.1 Basically, we accept two different payment methods: credit card and PayPal. With each new purchase order you have the option to choose the way you would like to pay.

5.2 In case you opt for the payment system of an external provider like PayPal you will have to observe the respective terms and conditions.

5.3 Immediate Transfer

Credit Card (Visa/ Mastercard/Amex)

5.4 We exclusively accept payments issued from accounts within the European Union. In no case do we assume any costs of a money transaction.

5.5 In case of a sale, to be sent to the consumer, the risk of accidental loss or deterioration of the goods shall pass to the consumer or to a recipient designated by him, as soon as the delivery is handed over to one of the above mentioned persons. This applies regardless of whether shipment is insured or not. In other cases, the risk of accidental loss or deterioration of the goods shall pass to the buyer upon the surrender, in case of the purchase to destination, upon the delivery of the goods to the forwarding agent or any other person or institution charged with the execution of the shipment.

5.6 We shall be entitled to partial deliveries to the extent this is reasonable for the customer. However, we are not obliged to provide partial deliveries.

5.7 In case of force majeure impairing the delivery – e.g. strike, lockout, lack of supply by subcontractors, intervention by public authorities or any other obstructions which, when considered objectively, were not caused by our negligence – the delivery times will be extended appropriately. We shall immediately notify you of the beginning and end of such hindrances. If the aforementioned obstacle exceeds the initially established delivery time by 4 weeks, the customer is entitled to withdraw from the agreement; further claims, in particular claims for damages, will be excluded.

5.8 In the event that you exercise your right to withdraw, we shall bear the regular costs of the return shipment.

  1. Legal Right of Revocation

If you are contracting as a consumer, you are entitled to the legal right of revocation which is detailed further below.

6.1 Right of Revocation

You will have a period of fourteen days to withdraw from your contract declaration without giving any reason. The time limit starts to run once this written notice of cancellation has been received, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not prior to the receipt of the first partial delivery). In order to exercise your right of revocation you have to inform us through a clear statement (e.g. a postal letter, fax or e-mail) declaring your decision to cancel the contract. Therefore, you can use the standard cancelation form (attached to the delivery) which, however, is not mandatory. In the event that you make use of the above mentioned option, we will immediately acknowledge receipt (e.g. by email) of such a revocation. To comply with the time limit, it is sufficient to send off your declaration of revocation before the expiration of the cancelation period.

Please send your revocation to:

Billion-Secrets International
Lyonerstraße 44-48
60528 Frankfurt
msi@sa-g-group.de

P: +49-69-17554-900

F: +49-69-1732688-39 

6.2 Consequences of revocation

In case of an effective withdrawal, the mutually received benefits are to be returned within fourteen days – from the day your respective notification has been submitted – and any benefits (e.g. interest) surrendered. We reserve the right to withhold the reimbursement until we have received the goods or the customer has supplied evidence of having them sent back. Once the receipt of the returned goods is acknowledged we will issue a credit note reimbursing you the price for the goods according to your chosen payment method within 2-5 working days. Credit card payments will be reversed to your credit card, PayPal payments will be reversed to your PayPal account. In case you paid by bank transfer please name your bank. Please note that we only accept the return of complete and unused goods/sets in their original packaging. We therefore recommend our customers a skin/skin-type test as well as a product testing prior to any purchase. Please ensure not to remove product labels and not to dirty the goods. Merchandise not suitable for packaged forwarding will be picked up at your place.

6.3 End of cancellation policy

Special note: In accordance with article 312g (2) sentence 1 no 3 of the German Civil Code, the right of revocation does not apply to provision of sealed goods which are not suitable for return shipment due to health protection or hygiene reasons if the seal has been removed after the delivery.

  1. Retention of Title

We shall retain title to the goods until full payment.

  1. Warranty Rights

Statutory warranty regulations apply to all the goods from our shop. In case the delivered merchandise is defective, legal provisions authorise you to demand optionally either elimination of the defect or delivery of a new, faultless object (supplementary performance). In the event that the supplementary performance fails, you may request a reduction in price or, in case of a substantial defect, withdraw from the purchase agreement.

  1. Liability

9.1 Our and our legal representatives’ and vicarious agents’ liability for damages arising from other causes than detriment to life, body and health, shall merely apply to the extent these damages are based upon wilful behaviour, gross negligence or the culpable violation of an essential contractual obligation by our company or our vicarious agents. Any obligation whose fulfilment is a prerequisite for enabling a proper execution of the contract and on the compliance of which the customer regularly may rely shall be considered as an essential contractual obligation. Any further liability shall be excluded. All claims deriving from a quality warranty for the goods as well as claims based on the Product Liability Act shall remain unaffected. In the event of a violation of essential contractual obligations due to gross negligence, the liability of Billion-Secrets International is limited to foreseeable damages typical for the respective contract, unless it concerns claims deriving from detriment of life, body or health.

9.2 According to the current state of the art, the data transmission via internet cannot be guaranteed to be free of error and/or available at any time. We therefore accept no liability for the constant availability of our offers at www.billion-secrets.com

  1. Set-off / Right of Retention

You are enabled to exercise a set-off only if your counterclaims have been stated legally binding or acknowledged by MSI GmbH. Furthermore, you are authorized to practice the right of retention in so far as your counterclaim is based on the same contractual relationship.

  1. Copyrights / Trademark Rights

Please note that the contents of the online store, in particular the photographs, images and descriptions are largely protected by copyright or trademark. Any use of the content that goes beyond the search or purchase at the online store can infringe the rights of third parties or of MSI GmbH itself, resulting in legal action like claims for injunctive relief or for damages.

  1. Applicable Law

The legal relationship between the customer and MSI GmbH is subject to the laws of the Federal Republic of Germany. Neither the provisions of the Vienna UN Sales Convention nor any other transnational agreement, whether or not incorporated into German law, shall be applicable. In case of agreements with consumers, this legal option merely applies to the extent that the protection granted is not withdrawn due to obligatory provisions of the state’s legal system where the consumer has his habitual place of residence. 

  1. Place of Jurisdiction

When concluding an agreement with merchants, legal entities under public law or public-law special funds, the exclusive legal venue shall be the place of business of MSI GmbH (Frankfurt). In these cases, we shall also be enabled to take legal action at the place of the customer’s registered office.

  1. Modification of the GTC

We reserve the right to unilaterally modify the present GTC – as far as they are incorporated into the agreement with the customer – providing that this measure is indispensable to compensate subsequently arising shifts in the balance or to adapt to changing statutory or technical framework conditions. In such case, we will inform the customer about the respective adjustment, notifying him of the new content of the revised regulations. The modification will be part of the contract unless the customer objects in written or text form within six weeks from the date on which he received the respective notification of modification.

  1. Severability Clause

If a provision of this Agreement is or will be ineffective, the validity of the remaining provisions shall not be affected thereby. Instead, in place of the ineffective stipulation the respective legal regulation will apply; the same goes for regulatory gaps.

 

 

Legal

  1. Content of the Online Product Offer

Million Secrets International GmbH assumes no guarantee whatsoever for the up-to-dateness, correctness, completeness or quality of the information provided. Liability claims against Million Secrets International GmbH concerning either material or intellectual damages resulting from the use or non-use of any information provided or the use of incorrect or incomplete information are fundamentally excluded, unless either deliberate or gross negligence on the part of the author can be proven. All offers are non-binding and subject to change. Million Secrets International GmbH expressly reserves the right to change, adapt or delete parts or the entirety of the site without prior announcement or to discontinue the publication either temporarily or permanently.

  1. References and Links

As regards direct or indirect references to external websites (“hyperlinks”) which lie beyond the area of responsibility of Million Secrets International GmbH, liability would only be assumed if Million Secrets International GmbH had knowledge of such contents and if it was technically possible and feasible to prevent their use in case of illegal content. Million Secrets International GmbH hereby expressly declares that no illegal content could be detected on the linked pages at the time the links were made. Million Secrets International GmbH has no influence whatsoever on the current and future design, contents and authorship of the linked / referenced pages. The author therefore expressly dissociates himself from all content of any linked-to sites that was changed after the links were first established. The above stated applies to all links and references set up within the author’s own website as well as to external entries in the guest books, discussion forums, link listings, mailing lists created by Million Secrets International GmbH and in any other forms of databases on whose contents external write accesses are possible. All liability for illegal, incorrect or incomplete contents and notably for damage resulting from the use or disuse of such information provided shall exclusively lie with the provider of the page to which reference was made but not with the person who merely refers to the publication in question via links.

  1. Copyright and Trademark Law

In all publications, Million Secrets International GmbH endeavours either to observe the copyrights of the images, graphics, sound files, video sequences and texts used, to use self-created images, graphics, sound files, video sequences and texts or to resort to license-free graphic art, sound files, video sequences and texts. All brands and trademarks mentioned as part of the internet offer and, where applicable, protected by third parties are subject without restrictions to the regulations of the currently applicable trademark law as well as the right of ownership by the respective registered owner. The mere fact that a trademark is mentioned must not lead to the conclusion that trademarks are not protected by third-party rights! The copyright for published items created by Million Secrets International GmbH itself remains solely with the author of the pages. Copying or using such graphics, audio/video clips and texts in other electronic or printed publications is prohibited without the express permission of Million Secrets International GmbH.

  1. Data Privacy

Provided that the possibility of entering personal or business details (i.e. e-mail addresses, names, addresses) exists within the Internet offer, the disclosure of such data on the part of the user is done on an expressly voluntary basis. Using and paying for all services offered is – in as much as this is technically possible and feasible – also permitted without entering such data and/or anonymously entering data or by using an alias. Third-party use of contact details published as part of the imprint or comparable statements, such as postal addresses, telephone and fax numbers as well as e-mail addresses for the purpose of transmitting information that has not been expressly requested is not permitted. The author expressly reserves the right to take legal action against the senders of so called spam mails in case of breaches of this prohibition.

  1. Validity of this Disclaimer

This disclaimer shall be considered as part of our website offer. If parts or individual formulations of this text do not, not any longer or not completely comply with the current legal position, the remainder of the document shall not be affected by this, neither in terms of content nor validity.