Terms of service

Terms of Service / General Terms and Conditions with Customer Information

Table of Contents

1. Scope

2. Conclusion of the Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Redemption of Promotional Vouchers

9. Redemption of Gift Vouchers

10. Alternative Dispute Resolution

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Camelback Beauty LLC d/b/a Nailevated (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 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 their trade, business, or profession.

2) Conclusion of the Contract

2.1 Product descriptions in the Seller’s online shop do not constitute binding offers, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the Seller’s online order form. By clicking the button that concludes the ordering process, the Customer makes a legally binding contractual offer.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending written order confirmation (email suffices), or

• dispatching the goods, or

• requesting payment from the Customer.

If the Seller does not accept within this period, the offer is deemed rejected.

2.4 If the Customer selects PayPal, Klarna, Shopify Payments, or other payment methods offered by the Seller, the contractual acceptance occurs when the Customer completes the payment process according to the provider’s terms.

2.5 Contract text is stored and sent to the Customer after order placement.

2.6 Customers may review and correct input errors during the order process before final submission.

2.7 Contracts may be concluded in multiple languages if indicated in the online shop.

2.8 Order processing and communication usually occur via email. The Customer is responsible for ensuring their email address is valid and accessible.

3) Right of Withdrawal (EU Consumers Only)

3.1 Consumers in the EU have a statutory right of withdrawal.

3.2 Details are provided in the Seller’s [Withdrawal Policy](link to withdrawal/cancellation page).

3.3 U.S. or non-EU customers should note that this statutory withdrawal right may not apply outside the EU.

4) Prices and Payment Conditions

4.1 Prices shown include all applicable taxes where required. For EU customers, prices displayed at checkout include VAT in accordance with EU VAT rules.

4.2 Additional costs may arise for deliveries outside the EU (e.g., customs duties, bank transfer fees). These are borne by the Customer.

4.3 Payment methods are shown at checkout and may include PayPal, Shopify Payments (Stripe), Klarna, or credit/debit cards.

4.4 In the event of payment default, Seller reserves the right to pursue collection in accordance with applicable laws.

5) Delivery and Shipping Conditions

5.1 Goods are shipped to the delivery address provided by the Customer.

5.2 Failed deliveries due to Customer error (e.g., incorrect address) may result in additional costs payable by the Customer.

5.3 Risk of loss transfers to the Customer upon handover of goods (for consumers) or to the carrier (for entrepreneurs).

5.4 Seller reserves the right to withdraw from the contract if suppliers fail to deliver despite a covering transaction.

5.5 Customers are responsible for customs duties, import VAT, or other charges applicable in their country.

6) Retention of Title

6.1 In relation to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The Customer assigns all claims arising from such resale against the purchaser or third parties to the Seller in advance, up to the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect these claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller undertakes not to collect the claims as long as the Customer meets their payment obligations to the Seller, does not default on payment, and, in particular, no application for the opening of insolvency proceedings has been filed. If this is the case, the Seller can demand that the Customer discloses the assigned claims and their debtors to the Seller, provides all information necessary for collection, hands over the related documents, and notifies the debtors (third parties) of the assignment.

7) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply. The following applies in derogation thereof:

7.1 If the Customer acts as an entrepreneur,

• the Seller may choose the type of supplementary performance;
• in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
• in the case of used goods, the rights and claims due to defects are generally excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and the shortening of periods mentioned above do not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• to a statutory right of recourse of the Customer against the Seller in connection with rights due to defects.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and notify defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller within the scope of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

8.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods wholly or partially paid for with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the Voucher.

9.2 Gift Vouchers and remaining credit balances of Gift Vouchers are redeemable until the end of the third year after the year of the Voucher purchase. Remaining credits will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several Gift Vouchers can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

9.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

9.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.

10) Alternative Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr.

10.2 The Seller is not obliged or willing to participate in dispute settlement proceedings before a consumer arbitration board but will endeavor to resolve disputes amicably.