Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (skinmade GmbH) at a skinmade measuring station. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of 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. Subsequently, personal data as well as billing and shipping conditions must be provided. Before completing the order, all important information such as price, address and products are displayed again. To complete the order via the "Order & Buy" button, the GTC must be agreed to, and the consumer legally declares acceptance of the offer, whereby the contract is concluded. After the conclusion of the contract, payment can be made either in cash to a free skinmade consultant or by EC/credit card at an IZettle card reader.
(3) Your requests for an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), 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 carried out automatically by e-mail in part. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 DATA PROTECTION
(1) At skinmade, the protection of your data is important to us. When using our website and personalizing your product, it is necessary to store and process personal and biometric data. By using the site, you consent to the collection, storage, and processing. You can read all details on data protection in our privacy policy 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 for a purchase contract for generic goods.
(2) The appearance of the goods may differ in color and design from the illustrations at the measuring stations.
(3) The prices listed at the measuring station at the time of the order apply. The prices stated are final prices, meaning they include the currently valid German statutory value-added tax and other price components. Should price information be incorrect in individual cases despite all efforts, we will immediately inform you of the incorrect display 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 by e-mail.
(4) If the goods are not available or longer delivery delays are foreseeable, any advance payments will be refunded to you. In this case, you will be informed about the delivery difficulties by e-mail.
§ 5 PAYMENT
(1) The purchase price can be paid by EC card, credit card, or cash. skinmade reserves the right to exclude individual payment methods and to refer to the remaining payment methods.
(2) skinmade accepts the following credit cards: VISA, MasterCard, and American Express. Processing is carried out via an external payment service provider. The consumer is liable for any additional costs incurred due to his fault in using the chosen payment method, for example, through chargebacks. In the case of payment by credit card or EC card, the purchase price is debited by skinmade after receipt of the order.
§ 6 Right of Revocation
(1) The consumer has the right to revoke this contract within seven days without stating any reasons. The revocation period is seven days from the day on which:
the consumer or a third party named 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 are delivered uniformly;
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 exist, the revocation period does not begin until the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the last good or the last partial shipment or the last piece.
(2) To exercise the right of revocation, the consumer must inform us
skinmade GmbH
Robert-Koch Str. 2
70563 Stuttgart
Germany
together@skinmade.de
by means of a clear declaration (at least verbally, gladly also in text form, i.e., by e-mail) of his decision to revoke this contract. If the consumer wants to send us a letter, that is also possible, of course.
To comply with the revocation period, it is sufficient for the consumer to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(3) Consequences of Revocation
If the consumer revokes this contract, we shall repay him all payments we have received from him, including the delivery costs (with the exception of the additional costs resulting from the consumer having 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 the notification of his revocation of this contract has reached us. For this repayment, we will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with him; in no case will he be charged fees 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 sent the goods back, whichever is the earlier.
(5) The consumer must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which he 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 return:
If the consumer uses a prepaid return label provided by us, the return is free of charge for him. A return label can be obtained from our consumer service together@skinmade.de. If the consumer does not use our return label, he shall 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 their quality, properties, and functionality.
§ 7 SHIPPING COSTS AND DELIVERY
(1) The prices displayed by skinmade include statutory value-added tax.
(2) skinmade ships ordered goods free of charge and initially only within Germany.
(3) skinmade generally carries out shipping through the company DHL.
(4) Unless otherwise agreed in the contract, the ordered goods will be delivered to the delivery address specified by the consumer during the order. The delivery process takes place during usual 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 09:00 to 16:00. This excludes public holidays in Baden-Württemberg and the Federal Republic of Germany. Changes to business hours are reserved.
§ 8 RETENTION OF TITLE
(1) The goods remain the property of skinmade until full payment of the purchase price.
§ 9 WARRANTY
(1) Statutory warranty rights apply. skinmade's liability for damages is limited in accordance with § 10.
§ 10 LIABILITY
(1) skinmade is liable without limitation for damages resulting from injury to life, body, or health (personal injury) caused by it, its legal representatives, or skinmade's vicarious agents, as well as for all damages caused intentionally or by gross negligence.
(2) skinmade is liable without limitation in the case of fraudulent concealment of defects and in the case of a guarantee of quality.
(3) For other damages, skinmade is only liable if an essential contractual obligation or an essential pre-contractual obligation is violated. Essential contractual obligations are those obligations that protect the consumer's essential contractual obligations, which the contract must grant him according to 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 observance the consumer has regularly relied or may rely, e.g., skinmade must hand over the item to the consumer free of material and legal defects and transfer ownership of it. In these cases, however, liability is limited in amount to the foreseeable and typical damages for the contract at the time of conclusion of the contract.
(4) Any legally prescribed no-fault liability 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 shall apply, excluding 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 is also applicable, provided that these are mandatory consumer protection provisions.
§ 12 JURISDICTION
(1) Stuttgart is agreed as the exclusive place of jurisdiction for all legal disputes, including those concerning tortious claims.
§ 13 SEVERABILITY CLAUSE
(1) Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected thereby. The statutory provisions shall take the place of the invalid provisions.