General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter, the "GTC") of Skin Care Manufaktur GmbH (hereinafter "seller") apply to all contracts that a consumer or company (hereinafter "customer") concludes with the seller regarding the goods and/or services displayed by the seller at its on-line store. The involvement of the customer's own conditions are hereby objected to, unless otherwise agreed.
1.2 Within the meaning of these GTCs, a consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed to either its commercial or independent professional activity. Within the meaning of these GTC, a company is a natural or legal person or a legal business partnership who/that, in concluding a legal transaction, exercises his/its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions in the on-line shop of the seller are not binding offers on the part of the seller; they rather serve the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the on-line order form which is integrated in the on-line shop of the seller. In the process, after he has selected goods and/or services in the virtual shopping cart and has gone through the electronic ordering process, the customer submits a legally binding contract offer in terms of the goods and/or services contained in the shopping cart by clicking the button at the end of the ordering process.
2.3 The seller can accept the customer's offer within five days
- by forwarding the customer a written confirmation or a confirmation in text form (fax or e-mail), wherein, to that extent, the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby, to this respect, the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after delivery of the order.
If several of the aforementioned alternatives occur, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and concludes at the end of the fifth day following the dispatch of the offer.
2.5 In submitting an offer via the on-line order form of the seller, the contractual text will be stored by the seller and sent, together with these Terms and Conditions, in text form (e.g. as e-mail, fax or letter) to the customer after his order has been submitted. However, the contractual text can no longer be accessed by the customer on the website of the seller after the customer has submitted his order.
2.6 Before a binding submission of the order has occurred through the on-line order form of the seller, the customer can continually correct his entries by means of the usual keyboard and mouse functions. Furthermore, all entries before the binding submission of the order will be displayed again in a confirmation window and can be corrected there by means of the usual keyboard and mouse functions.
2.7 For the conclusion of the contract, the German language is exclusively available.
2.8 The order processing and contact generally occur by e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address.
In particular, with regard to the use of spam filters, the customer has to ensure that all e-mails sent by the seller or by third parties commissioned by the seller for the sake of the order processing can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation is available in the cancellation policy of the seller.
Consumers are entitled to a right of revocation according to the following conditions, whereby a consumer is any natural person who enters into a legal transaction for purposes which generally cannot be attributed to either his commercial or independent professional activity.
A. Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days as of the date on which you or a third party indicated by you other than the carrier have/has taken possession of the final goods.
To exercise your right of revocation, you have to inform us (Skin Care Manufaktur GmbH, Edelhofweg 8-9, 08301 Bad Schlema, Tel.: +49 (0)3772 / 39528-0, Fax: +49 (0)3772 / 39528-19, E-mail: email@example.com) by means of a clear statement (e.g. a letter sent by mail, a fax or an e-mail) of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form (which is not mandatory, however).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right of revocation before the cancellation deadline.
Effects of the cancellation
If you cancel this contract, we will reimburse all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard form of delivery offered by us) immediately and at the latest within fourteen days as of the date on which we have received the notification about your cancellation of this contract. For this reimbursement, we will use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise with you; you will not be charged fees for this reimbursement in any case. We are entitled to withhold reimbursement until we have received the returned goods or until you have demonstrated that you have returned the goods, whichever occurs first.
You have to return or provide the goods to us immediately and in any event not later than fourteen days as of the date on which you have informed us of the cancellation of this contract. The deadline is considered to have been met if you send the goods before the conclusion of the period of fourteen days.
You shall bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if the loss of value is due to an unnecessary handling involving you in order to ascertain the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of revocation
In the case of contracts for the delivery of sealed goods that are not suitable for return due to reasons of health protection or hygiene, the right of revocation expires prematurely if the seal has been removed after delivery.
1) Please avoid any damage to and contamination of the goods. Please send the goods to us in their original packaging with all the respective accessories and all the packaging components, if possible. Use a protective outer packaging if appropriate. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit.
2) Please do not send the goods back to us freight forward, if possible.
3) Please note that the above Items 1-2 are not prerequisites for the effective exercise of the right of revocation.
B. Cancellation form
If you want to cancel the contract, please fill out this form and return it.
Skin Care Manufaktur GmbH
08301 Bad Schlema
Fax: +49 (0)3772 / 39528-19
I/We (*) hereby give notice of cancelling my/our (*) contract concluded for the Purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for statements on paper)
(*) Cross out whichever does not apply
4) Price and payment conditions
4.1 Unless the product description of the seller states otherwise, the indicated prices are total prices that include VAT. Any additional delivery and shipping costs are displayed separately in the respective product description.
4.2 The customer has several payment options available, which are stated in the on-line shop of the seller.
4.3 If prepayment is agreed, payment is due immediately after the conclusion of the contract.
4.4 When paying by means of a payment option offered by PayPal, the payment process occurs via the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the application of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 In the case of the payment option of purchase on account via secupay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag) within 14 (fourteen) days of the receipt of invoice. The payment option of purchase on account is dependent upon a successful credit check by secupay S.A. If the customer is invoiced after his creditworthiness has been checked, the payment process occurs in cooperation with secupay S.A., to which the seller transfers its claim for payment. In this case, the customer can only apply a debt-discharging effect to secupay S.A. Even in the case of the payment option of purchase on account via secupay, the seller remains responsible for general customer inquiries, e.g. goods, delivery time, delivery, returns, complaints, revocation statements and revocation submissions or credits. The seller reserves the right to offer the payment option of purchase on account only up to a certain volume of orders and to refuse this payment option when the specified order volume is exceeded. In this case, the seller will inform the customer (in his billing information in the on-line shop) of an appropriate payment limitation.
4.6 In the case of the payment option of bank transfer (direct debit), the invoice amount is payable immediately upon the conclusion of the contract. The payment option of bank transfer (direct debit) is dependent upon a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is approved for bank transfer (direct debit) after his creditworthiness has been checked, the payment process occurs in cooperation with secupay S.A., to which the seller transfers its claim for payment. In this case, secupay AG is revocably entitled to deduct the invoice amount from the account specified by the customer. In the case of such assignment, a debt-discharging effect can only be assigned to secupay AG. The direct debit occurs immediate after the customer order has been sent in the on-line shop. Even in the case of the payment option of bank transfer (direct debit) via secupay AG, the provider remains responsible for general customer inquiries, e.g. goods, delivery time, delivery, returns, complaints, revocation statements and revocation submissions or credits.
4.7 In the case of the payment option of credit card, the invoice amount is payable immediately upon the conclusion of the contract. The processing of the payment option of credit card payment occurs in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) to which the provider assigns its claim for payment. secupay AG deducts the invoice amount from the provided credit card account. In the case of such assignment, a debt-discharging effect can only be assigned to secupay AG. The charging of the credit card occurs immediate after the customer order has been sent in the on-line shop. Even in the case of the payment option of credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g. goods, delivery time, delivery, returns, complaints, revocation statements and revocation submissions or credits.
5) Delivery and shipment conditions
5.1 The delivery of goods occurs in transit to the delivery address provided by the customer, unless otherwise agreed. For the completion of the transaction, the delivery address specified in the order of the seller is decisive. In contrast thereto, in the case of the selection of the payment option PayPal, the delivery address recorded by the customer at PayPal at the time of payment is decisive.
5.2 If the shipping company returns the sent goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that has led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him within reasonable time in advance.
5.3 Due to logistical reasons, collection by the customer is not possible.
6) Retention of title
If the seller performs payment in advance, the seller maintains the ownership of the delivered goods until the full payment of the owed purchase price.
7) Liability for defects (warranty)
7.1 If the merchandise is defective, the provisions of the statutory liability for defects apply.
7.2 Contrarily thereto, the statute of limitations for claims of defect concerning used goods is one year as of the delivery of the goods to the customer. The shortening of the limitation period to one year does not apply, however,
- For things that, in accordance with their usual purpose, are used for a building and the defects of which have caused damage,
- for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
- for other damages based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or agent of the user, and
- in the event that the seller has fraudulently concealed the defect.
7.3 In the case of delivered goods with obvious transport damage, the customer is requested to file any complaints with the delivery agent and to inform the seller thereof accordingly. If the customer does not comply with this request, this has no effect on the customer's legal or contractual warranty claims.
8) Applicable law
To all legal relationships between the parties, the law of the Federal Republic of Germany applies, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence.
If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his place of residence outside the territory of the Federal Republic of Germany, the place of business of the seller has exclusive jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the trade or profession of the customer. However, in the above cases, the seller is entitled in any case to call the place of residence of the customer.
10) Code of conduct
- The seller agrees to submit itself to the "EHI Geprüfter On-line-Shop" quality criteria of the EHI Retail Institute GmbH, which are available on the Internet at http://www.shopinfo.net/haendler/kriterien/index.html .
- The seller agrees to submit itself to the "Google Zertifizierte Händler-Grundsätzen", which are available on the Internet at https://support.google.com/trustedstoresmerchant/answer/6063058?p=guidelines&rd=1 .
- The seller agrees to submit itself to the data protection codex of IITR GmbH - Institut für IT-Recht, which is available on the Internet at https://www.iitr.de/informationen/codex.html .
11) Information concerning on-line dispute resolution
The EU Commission provides a platform for on-line dispute resolution at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a focal point for the extra-judicial settlement of disputes arising from on-line sales or service contracts in which a consumer is involved.