General Terms and Conditions with Customer Information
1) Scope 1
2) Conclusion of contract 1
3) Right of revocation 3
4) Prices and payment conditions 3
5) Delivery and shipment conditions 4
6) Retention of title 4
7) Liability for defects (warranty) 4
8) Applicable law 5
9) Jurisdiction 5
10) Alternative dispute resolution 5
1.1 These General Terms and Conditions (hereinafter “GTC”) of MBR Medical Beauty Research® GmbH (hereinafter “seller”) apply to all contracts governing the delivery of goods 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 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 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. 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. 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 When choosing the “PayPal Express” payment option, 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 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 www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer chooses “PayPal Express” as his preferred payment method during the online ordering process, he automatically submits a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller immediately declares his acceptance of the customer’s offer as soon as the customer initiates the payment process by clicking the button that concludes the ordering process.
2.5 In submitting an offer via the on-line order form of the seller, the contractual text will be stored by the seller upon conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been submitted. The seller does not make the text of the contract available in any additional format. If the customer registers an account with the seller’s online shop before submitting his order, the order data will be archived on the seller’s website, and the customer will be able to access them free of charge through his password-protected user account after entering his login data.
2.6 Before a binding submission of the order has occurred through the on-line order form of the seller, the customer can spot any possible misentries by reading the information on the screen carefully. The magnifier function of the browser, which increases the display size on the screen, can be used as an effective technical way of spotting misentries better. The customer can correct his entries using conventional keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The contract is available in German and English.
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.
4) Prices 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 available payment method/s is/are shown to the customer in the seller’s online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed upon a later payment date.
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 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 www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When choosing the “SOFORT” payment option, the payment process is carried out by the payment service SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter “SOFORT”). To settle the invoice via “SOFORT”, the customer must possess an online banking account with a PIN/TAN system that has been activated for “SOFORT”, verify their identity during thee payment process, and confirm the payment order to “SOFORT”. The transaction is immediately made by “SOFORT” and the customer’s bank account is charged. For more information about the “SOFORT” payment type, the customer can refer to www.klarna.com/sofort/ online.
4.6 In the case of the payment option of purchase on account via Heidelpay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter “Heidelpay”) within 14 (fourteen) days of the receipt of invoice. The payment option of purchase on account is dependent upon a successful credit check by Heidelpay. If the customer is invoiced after his creditworthiness has been checked, the payment process occurs in cooperation with Heidelpay, to which the seller transfers its claim for payment. In this case, the customer can only apply a debt-discharging effect to Heidelpay. Even in the case of the payment option of purchase on account via Heidelpay, the seller remains responsible for general customer inquiries, e.g. goods, delivery time, delivery, returns, complaints, revocation statements and revocation submissions or credits.
The payment option of purchase on account via Heidelpay is not possible if
– the order sum is less than EUR 25.00,
– the customer specifies different billing and shipping addresses, especially if the shipping address is a Packstation branch or PO box, or
– if the customer is under 18 years of age.
The seller further reserves the right to offer the payment option of purchase on account via Heidelpay 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.
4.7 When the customer chooses the payment option “PayPal on account”, the seller transfers his payment claim to PayPal. Before accepting the seller’s declaration of transfer, PayPal carries out a credit check using the customer data submitted. The seller reserves the right of refusing the customer the payment option “PayPal on account” if this credit check returns a negative result. If PayPal approves the payment option “PayPal on account”, the customer must settle the invoice with PayPal within 30 days from receipt of the goods, unless PayPal specifies different payment terms. In this case, he can only apply a debt-discharging effect to PayPal. Even in the case of a transfer of the payment claim, the seller remains responsible for general customer inquiries, e.g. goods, delivery time, delivery, returns, complaints, revocation statements and revocation submissions or credits. In addition, the General Terms and Conditions for payments on account with PayPal apply: www.paypal.com/de/webapps/mpp/ua/pui-terms
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.
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 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. With regard to the initial shipping cost, the above condition further does not apply if the customer effectively exercises his right of revocation. With regard to the cost of the return delivery, the rule specified in the seller’s cancellation policy applies if the customer effectively exercises his right of revocation.
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 For used goods, the following alternative arrangements apply: Claims of defect are excluded if the defect only occurs after one year from delivery of the goods. Claims of defect that occur within one year from delivery of the goods can be asserted within the statute of limitations. The shortening of the limitation period to one year does not apply, however,
– to goods that, in accordance with their usual purpose, are used for a building and the defects of which have caused damage,
– to claims for compensation or reimbursement made by the customer, 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) Alternative dispute resolution
10.1 The EU Commission provides a platform for on-line dispute resolution at the following link: 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.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution process before a consumer arbitration body.