§ 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 you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their 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 their 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. Personal details as well as billing and shipping conditions must then be provided. Before completing the order, all important information such as price, address and products are displayed again. In order to be able to complete the order using the “Order & Buy” button, the terms and conditions must be agreed to and the consumer declares their legally binding acceptance of the offer, whereby the contract is concluded. After conclusion of the contract, payment can be made either in cash to an exempt skinmade consultant or by debit/credit card at an IZettle card reader.
(3) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 DATA PROTECTION
(1) The protection of your data is important to us at skinmade. As part of using our website and personalizing your product, it is necessary to store and process personal and biometric data. The collection, storage and processing is agreed upon use. You can read all the details about data protection in our data protection declaration at www.skinmade.de/datenschutz and at the measuring station.
§ 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 generic goods.
(2) The appearance of the goods may differ in color and design from the images at the measuring stations.
(3) The prices listed at the measuring station at the time of ordering apply. The prices stated are final prices, which means they include the applicable German statutory VAT and other price components. If, despite our best efforts, price information is incorrect in individual cases, we will immediately inform you of the incorrect representation and offer you the opportunity to decide whether you want to stick to the order at the corrected price or revoke your offer. If you have not made a decision within seven working days, we will cancel the order and inform you of this by email.
(4) If the goods are not available or longer delivery delays are foreseeable, any advance payments will be refunded. In this case, you will be informed of the delivery difficulties by email.
§ 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. Processing takes place via an external payment service provider. The consumer is liable for any additional costs that arise due to his fault when using the chosen payment method, for example through return debits. If payment is made by credit card or debit card, the purchase price will be debited by skinmade upon receipt of the order.
§ 6 Revocation
(1) The consumer has the right to cancel this contract within seven days without giving reasons. The cancellation period is seven days from the day on:
the consumer or a third party designated by the consumer who is not the carrier has taken possession of the goods,
if the consumer has ordered one or more goods as part of a single order and the goods or goods are or are delivered in a single manner;
if the consumer has ordered several goods as part of a single order and the goods are delivered separately;
If several of the above alternatives are present, the cancellation period only begins to run when the consumer or a third party named by the consumer who is not the carrier has taken possession of the last goods or the last partial shipment or the last item.
(2) In order to exercise the right of withdrawal, the consumer must contact us
0711 - 50092128 (free of charge; from German landlines)
by means of a clear statement (at least verbally, preferably also in text form, ie by email) about your decision to revoke this contract. If the consumer wants to send us a letter, that is of course also possible.
In order to meet the cancellation period, it is sufficient for the consumer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
(3) Consequences of revocation
If the consumer withdraws from this contract, we will pay him all the payments we have received from him, including the delivery costs (except for the additional costs resulting from the consumer choosing a different type of delivery than the one we offer, the cheapest has chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that the consumer used in the original transaction, unless something different was expressly agreed with him; under no circumstances will he be charged any fees as a result of this repayment.
(4) We can refuse repayment until we have received the goods back or until the consumer has provided evidence that he has sent the goods back, whichever is earlier.
(5) The consumer must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if he sends the goods before the deadline of fourteen days has expired.
(6) The following applies to the return shipping costs:
If the consumer uses a prepaid return label provided by us, the return is free of charge. You can obtain a return label from our consumer service (firstname.lastname@example.org or by calling the free number 0711 - 50092128). If the consumer does not use our return label, he or she must bear the direct costs of the return.
(7) The consumer only has to pay for any loss in value of the goods if this loss in value can be traced back to handling them that is not necessary to check the nature, properties and functionality of the goods.
§ 7 SHIPPING COSTS AND DELIVERY
(1) The prices stated by skinmade include statutory VAT.
(2) skinmade sends the ordered goods free of charge and initially only within Germany.
(3) skinmade usually carries out shipping through DHL.
(4) Unless otherwise contractually agreed, the ordered goods will be delivered to the delivery address specified by the consumer when ordering. The delivery process takes place during normal business hours and is completed as soon as the goods are delivered to the specified address. Skinmade's usual business hours are Monday to Friday from 9:00 a.m. to 4:00 p.m. This excludes public holidays in Baden-Württemberg and the Federal Republic of Germany. Business hours are subject to change.
§ 8 RETENTION OF TITLE
(1) The goods remain the property of skinmade until the purchase price has been paid in full.
§ 9 WARRANTY
(1) The statutory warranty rights apply. Skinmade's liability for damages is limited in accordance with Section 10.
§ 10 LIABILITY
(1) skinmade is liable without limitation for damage caused by it, its legal representatives or skinmade's vicarious agents resulting from injury to life, body or health (personal injury) as well as for all damage caused intentionally or through gross negligence.
(2) skinmade is liable without limitation if defects are fraudulently concealed and if a quality guarantee is given.
(3) Skinmade is only liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is breached. Essential contractual obligations are those obligations that protect the consumer's essential contractual obligations, which the contract has to grant him in accordance with its content and purpose; Also essential are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the consumer has regularly trusted or may rely, e.g. skinmade must hand over the item to the consumer free of material and legal defects and assume ownership of it provide. In these cases, however, liability is limited to the amount of damage that was foreseeable and typical for the contract at the time the contract was concluded.
(4) Statutory liability regardless of fault and the provisions of the Product Liability Act 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 applies, excluding the UN Convention on Contracts for the International Sale of Goods. When dealing with end consumers within the EU, the law of the end consumer's place of residence is also applicable, provided that mandatory consumer law provisions are involved.
§ 12 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) If one or more provisions of these General Terms and Conditions are invalid, the remaining provisions remain unaffected. The statutory regulations take the place of the ineffective regulations.