General Terms and Conditions with Customer Information

1. scope of application

2. offers and service descriptions

3. order process and conclusion of contract

4. prices and shipping costs
5. rule and conditions of competition

6. delivery, availability of goods

7. payment modalities

8. retention of title

9. warranty of quality and guarantee

10. liability

11. storage of the contract text

12. final provisions

1. Scope of application

1.1 For the business relationship between World Beauty Cup c/o Greenlotus Spa, Lien Scherbeck, Paul-Apel-Str. 19, 60438 Frankfurt am Main, Germany (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their applicability.

2 Offers and service descriptions

2.1 The World Beauty Cup is an online competition in the field of eyelash extensions, eyelash lifts, brow lifts, permanent makeup and nail design. The customer can select individual or several categories with which he wants to participate in the competition.
2.1 The presentation of the categories in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.

3 Ordering process and conclusion of contract

3.1 The customer can select categories from the assortment of the seller without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the ordering process within the shopping cart via the button “Proceed to checkout”.
3.2 By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase the categories in the shopping cart for the competition. Before submitting the order, the Customer can change and view the data at any time, as well as return to the shopping cart using the browser function “back” or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s ordered categories are listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the money for the registration for the respective categories has been received by the provider, and also only when the provider sends the customer an email with an invoice as a PDF file within 72 hours after receipt of payment, in which all desired categories are listed. In case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.

4. prices and shipping costs

4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory VAT.
4.2 In addition to the stated registration fees, the Seller will charge shipping costs for the delivery of the won prizes, should the won prizes have to be sent to a country outside the European Union. The shipping costs will be communicated to the Buyer on a separate information page. The exact prices for shipping costs are not itemized for each country but depend on where the package with the prizes has to be sent, how big and heavy it is, and whether or not the customer wants to track the shipped package en route. Any customer from outside the EU can find out about the costs on the DHL website (https://www.dhl.de/en/privatkunden/pakete-versenden/weltweit-versenden/preise-international.html). After the end of the contest, the customer living outside the EU will receive a separate payment request about the parcel shipment.
4.3. any customs costs will be borne by the customer.

5. Rules and guidelines of the competition

5.1 All rules and conditions of the competition apply, which are clearly visible to all on the World Beauty Cup website under the “Rules and Regulations” tab.
5.2.All participants (contestants as well as models), must be at least 18 years old at the time of registration.
5.3.All competitors must be certified in their categories. Everyone is responsible for this.
5.4 Photos:Photos must be uploaded in JPG format and should be at least 2000 x 2000 pixels.
Photos sent by email will not be considered for judging. Photos sent in too late will also not be judged.
All models on the photos must be at least 18 years old and must be informed in writing about the rights to the image, if applicable. The rights to the image are automatically transferred to the World Beauty Cup team at the moment of uploading, to make the photos available to the jury and after the announcement of the winners, to be made available to other participants and interested parties, as well as to be used for advertising on social networks and so on.
No watermarks on the photos.
No editing of the photos. No skin retouching either. Only 100% unedited photographs are eligible for rating.
5.5 Level classification: The categories Lashart, Browlifting & Browhenna have NO levels. All competitors are in the same level.
Junior: You have never won 1st to 3rd place in the respective category or upper category.
Expert: You have won 1st to 3rd place in a competition in the category or upper category before.
Eyelash extension category includes: Classic, 2D-3D, 4D-5D, Kim Kardashian style, Colored eyelashes, Eyelashes for men.
Category eyelash lift stands on its own
Permanent Makeup category includes all PMU categories
Nails category includes all nail design categories.
Please make sure you are in the correct level, as you cannot change it once a payment has been made. We reserve the right to disqualify competitors if they knowingly place themselves in the wrong category. In this case, any trophy and prizes must also be returned.
Example: In the past you won 2nd place in a contest in the category “Eyelash Extension Classic” and now you want to participate in the contest in the category “Eyelash Lifting”. Thus you would be a junior in the category “Eyelash Lifting” if you have never won anything for your eyelash lifting. If you also want to participate in eyelash extension “2D-3D”, you would be in here Expert, because you have already won something in the category eyelash extension in the past.

6. Delivery, availability of goods

6.1 The shipment of the prizes and certificate will take place within 4 weeks after the announcement of the winners.
6.2 The exact delivery time depends heavily on the country in which the customer is located and is therefore not explicitly promised.
6.3 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page.
6.4 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the Seller are responsible. During the period of such hindrance, the customer shall also be released from its contractual obligations, in particular payment. If the delay is not reasonable for the customer, the customer can withdraw from the contract by written declaration after a reasonable period of time to be set by the customer or after mutual consultation with the seller.

7. Payment modalities

7.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available payment methods on a separate information page.
7.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
7.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
7.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
7.5 The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
7.6 The Customer shall only have a right to set-off if its counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

8. Reservation of ownership

Until the complete end of the competition, the winnings, certificates and other prizes remain the property of the seller.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, he shall be obligated to insure it adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the reserved goods (including all balance claims from current account). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization may be revoked if the customer does not properly meet its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request when their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. With the settlement of all claims of the seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The choice of the securities to be released is incumbent on the seller.

9. Warranty for material defects and guarantee

9.1 The warranty (liability for defects) shall be governed by statutory provisions subject to the following provisions.
9.2 A guarantee shall only exist for the goods delivered by the Seller if this has been expressly given.
9.3 If the customer is an entrepreneur, he shall inspect the goods without delay, notwithstanding any statutory obligations to give notice of defects, and shall notify the supplier in writing of any visible material defects without delay, at the latest within two weeks of delivery, and of any non-visible material defects without delay, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and color which are customary in the trade and permissible according to quality standards or which are minor shall not constitute defects.
9.4 If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the seller.
9.5 Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk in the case of customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its type and intended use, the Seller shall, subject to an express agreement and without prejudice to the other warranty obligations, not be obliged within the scope of subsequent performance to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the Seller shall also not be obliged to reimburse the Customer for expenses incurred for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item within the scope of a recourse by the Customer within the supply chain (i.e. between the Customer and its customers).

10. Liability

10.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
10.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text

11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or reference to an online source.

12. Final provisions

12.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller’s registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller’s country of domicile. The right of the Seller to choose another permissible place of jurisdiction shall remain reserved.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
12.3 The contractual language shall be German.
12.4. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.