§ 1 GENERAL TERMS AND CONDITIONS
§ 1 BASIC PROVISIONS
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (skinmade GmbH) at a skinmade measuring station. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 CONCLUSION OF THE CONTRACT
(1) The subject of the contract is the sale of goods.
(2) The contract is concluded at the skinmade measuring station as follows:
The goods intended for purchase are selected by the consumer at the measuring station. Thereupon, personal data as well as billing and shipping conditions must be specified. Before the order is completed, all important information such as price, address and products are displayed again. In order to be able to complete the order via the "Order & Buy" button, the general terms and conditions must be agreed to and the consumer declares the legally binding acceptance of the offer, whereby the contract is concluded. After conclusion of the contract, payment can be made either in cash at an exempted skinmade consultant or by EC/credit card at an IZettle card reader.
(3) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 DATA PROTECTION
§ 4 AVAILABILITY AND PRICES
(1) We are not obliged to keep the offer permanently available. We do not assume any procurement risk, not even in the case of a purchase contract for a generic good.
(2) The appearance of the goods may differ in terms of colour and design with regard to the illustrations at the measuring stations.
(3) The prices listed at the time of the order at the measuring station apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax and other price components. If, contrary to our best efforts, price information is incorrect in individual cases, we will immediately notify you of the incorrect presentation and offer you the opportunity to decide whether you wish to adhere to the order at the corrected price or revoke your offer. If you have not decided within seven working days, we will cancel the order and inform you by e-mail.
(4) If the goods are not available or there are longer delays in delivery, any advance payments will be refunded to you. In this case you will be informed about the delivery problems by e-mail.
§ 5 PAYMENT
(1) The purchase price payment can be made by EC card, credit card or cash. skinmade reserves the right to exclude individual payment methods and to refer to the other payment methods.
(2) skinmade accepts the following credit cards: VISA, MasterCard and American Express. The transaction is handled by an external payment service provider. The consumer is liable for any additional costs incurred due to his fault in the use of the respective chosen means of payment, for example due to return debit notes. In the case of payment by credit card or EC card, the purchase price will be debited by skinmade after receipt of the order.
§ 6 REPEAT
(1) The consumer has the right to withdraw from this contract within seven days without giving any reason. The withdrawal period shall be seven days from the day on which:
the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the goods;
if the consumer has ordered one good or several goods as part of a single order and the good or goods are delivered as a single unit; if the consumer has ordered several goods as part of a single order and the goods are delivered separately; if the consumer has ordered several goods as part of a single order and the goods are delivered separately.
if the consumer has ordered several goods as part of a single order and the goods are delivered separately;
if there are several of the above alternatives, the withdrawal period shall not begin to run until the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the last goods or the last part of the consignment or the last item.
(2) In order to exercise the right of withdrawal, the consumer must send us
0711 - 50092128 (free of charge; from the German fixed network)
by means of a clear declaration (at least verbally, preferably also in text form i.e. by e-mail) about his decision to revoke this contract. If the consumer wants to send us a letter, this is of course also possible.
In order to comply with the withdrawal period, it is sufficient that the consumer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of revocation
If the consumer revokes this contract, we shall reimburse him all payments we have received from him, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of his revocation of this contract. For this repayment, we will use the same means of payment that the consumer used in the original transaction, unless expressly agreed otherwise with him; in no case will he be charged for this repayment.
(4) We may refuse repayment until we have received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.
(5) The consumer shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which he has informed us of the revocation of this contract. The deadline is met if he sends the goods before the expiry of the period of fourteen days.
(6) The following applies to the costs of the return:
If the consumer uses a pre-franked return label provided by us, the return is free of charge for him. A return label can be obtained from our consumer service (email@example.com or by calling the toll-free number 0711 - 50092128). If the consumer does not use our return label, he has to bear the direct costs of the return.
(7) The consumer must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
§ 7 SHIPPING COSTS AND DELIVERY
(1) The prices shown by skinmade include the statutory value added tax.
(2) skinmade sends the ordered goods free of shipping costs and only within Germany.
(3) skinmade usually carries out the shipping through the company DHL.
(4) The ordered goods will be delivered to the delivery address given by the consumer at the time of the order, unless otherwise contractually agreed. The delivery process takes place during normal business hours and is completed as soon as the goods are delivered to the specified address. The usual business hours of skinmade are Monday to Friday from 09:00 to 16:00. This does not include public holidays in Baden-Württemberg and the Federal Republic of Germany. Business hours are subject to change.
§ 8 RESERVATION OF OWNERSHIP
(1) The goods shall remain the property of skinmade until the purchase price has been paid in full.
§ 9 WARRANTY
(1) The statutory warranty rights shall apply. The liability for damages of skinmade is limited in accordance with § 10.
§ 10 LIABILITY
(1) skinmade shall be liable without limitation for damage caused by it, its legal representatives or skinmade's vicarious agents resulting from injury to life, limb or health (personal injury) as well as for all damage caused intentionally or by gross negligence.
(2) skinmade shall be liable without limitation in the event of fraudulent concealment of defects and in the event of acceptance of a guarantee of quality.
(3) skinmade shall only be liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is breached. Material contractual obligations are obligations that protect the consumer's material contractual obligations, which the contract is intended to grant him according to its content and purpose; furthermore, material obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the consumer has regularly relied or may rely, e.g. skinmade must hand over the item to the consumer free of material defects and defects of title and procure ownership of it. In these cases, however, the liability is limited to the amount of the damages foreseeable at the time of the conclusion of the contract and typical for this type of contract.
(4) Any statutory strict liability and the provisions of the Product Liability Act shall remain unaffected by the above limitation of liability.
§ 11 APPLICABLE LAW
(1) In the event of legal disputes, 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. In dealings with end consumers within the EU, the law of the end consumer's place of residence shall also be applicable insofar as it is mandatory under consumer law.
§ 12 PLACE OF JURISDICTION
(1) Stuttgart is agreed as the exclusive place of jurisdiction for all legal disputes, including those relating to tortious claims.
§ 13 SEVERABILITY CLAUSE
(1) Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by the statutory provisions.