General Terms And Conditions
This is a translation of the original German document and for convenience purposes only.
General terms and conditions of the provider IDEALDERM GmbH
§ 1 Scope
§ 2 Conclusion of contract
§ 3 Storage of the contract text
§ 4 Retention of title
§ 5 Liability for defects
§ 6 Limitation of Liability
§ 7 Place of fulfillment, jurisdiction
§ 8 Dispute resolution
§ 9 Conditions of Purchase
§ 10 Contract Language
§ 11 Payment Options
§ 12 Revocation
§ 1 Scope
Contracts concluded between IDEALDERM GmbH, owner Faiza Lemoine, (hereinafter referred to as "Seller") and a consumer or entrepreneur (hereinafter referred to as "Customer") via the Seller's online shop are governed by the following General Terms and Conditions. The inclusion of the customer's own terms and conditions is hereby prohibited, unless the parties agree otherwise in writing. The contract language is German.
A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and liabilities (§ 14 BGB).
§ 2 Conclusion of contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer to conclude a purchase contract by the seller, but an invitation to submit a binding offer by the customer.
(2) The customer can insert the desired article into the shopping cart by non-binding clicking on the button "Add to cart". The content of the shopping cart, the customer can at any time by clicking the button "My Basket" without obligation. The items in the shopping cart can be removed from the shopping cart at any time by clicking on the button "x" (delete) or the "picture" in the bin, which is located to the right of the article price. If the customer wants to buy the item (s) in the shopping cart, the button "Proceed to the checkout" must be pressed first. In the overview below, the customer can select his country of destination and a payment method. After pressing the button "To checkout" the customer is requested to give his data. The mandatory information is marked with a *. By pressing the "continue" button, the customer gets to an order overview. Here the customer can check his entries again. With the button "Edit" the customer can correct his input. By clicking on the button "order now" or "buy" the customer makes a binding offer to buy the article (s). The order process is completed. The customer can cancel the order process at any time by closing the browser window. The customer can also submit his offer by e-mail, by post, by fax or by telephone to the seller.
After receipt of the order the buyer receives an automatic confirmation of receipt by e-mail and in the appendix the AGB (condition for this is the indication of a valid email address). However, this automatic confirmation does not constitute acceptance of the offer in the legal sense. The conclusion of contract takes place only by handing over the goods to the customer.
The shape and color of the product packaging may differ slightly from the product images.
(3) The customer has only a right on gifts in combination with the ordered and paid goods. In case of opposition and returning the order without the gifts the customer has to pay for the gift and the product price will be subtracted at refund.
§ 3 Storage of the contract text
The contract text (with information on the nature of the item, purchase price, date of purchase, etc.) is stored by the seller on his internal systems after conclusion of the contract. The stored contract text is not made available to the customer. The customer can make an independent backup of the order process by taking a screenshot or printing the page.
§ 4 Retention of title
If the seller with the delivery of the goods in advance, he reserves the right to the full payment of the purchase price owed the ownership of the goods.
§ 5 Liability for defects
(1) Liability for defects (warranty)
For the goods offered, the statutory warranty rights exist.
The buyer is required to notify the seller immediately upon receipt of a damaged product so that the latter in turn can assert claims in due time against the shipping company in the event of damage in transit.
(2) Guarantee to consumers of second-hand goods
If the customer is a consumer, the warranty claims for defects in used goods become time-barred one year from handover of the sold goods to the customer. Excluded from this regulation are claims for damages, claims for defects which the seller fraudulently concealed, and claims from a guarantee which the seller has assumed for the quality of the goods. For these excluded claims, the statutory limitation periods apply.
(3) Guarantee to entrepreneurs
The warranty claims of the entrepreneur due to defects in the goods become time-barred one year after the transfer of risk. Excluded from this regulation are claims for damages, claims for defects which the seller fraudulently concealed, and claims from a guarantee which the seller has assumed for the quality of the goods. Also excluded is the recourse claim under § 478 BGB. For these excluded claims, the statutory limitation periods apply.
§ 6 Limitation of Liability
Liability for slightly negligent breaches of duty shall be excluded to the extent that they do not affect essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty of the vicarious agents and the legal representative of the seller. One of the essential contractual obligations is the obligation to hand over the goods to the customer and to obtain ownership of them. Furthermore, the seller has to procure the thing free of material and legal defects.
§ 7 Place of fulfillment, jurisdiction
If the customer is a merchant, the place of performance for all services resulting from the contractual relationship with the seller as well as place of jurisdiction is the place of business of the seller.
§ 8 Dispute resolution
The European Commission is providing a platform (OS platform) for the online resolution of consumer disputes: https://ec.europa.eu/consumers/odr
(open a new browser window, please copy the above link from the page and paste it into the address bar of the new window of your browser).
Consumers have the opportunity to settle their disputes to the General Consumer Arbitration Center of the Center for Conciliation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, https://www.verbraucher-schlichter.de
(open a new browser window, please copy the above link from the page and paste it into the address bar of the new window of your browser)
to turn. We are obliged to participate in dispute resolution procedures before this body.
ATTENTION: In case of misuse will be charged to the consumer. Therefore, we recommend that you first contact IDEALDERM GmbH to find a solution.
Our e-mail address for consumer complaints: terms-en@idealderm.com
§ 9 Conditions of Purchase
For our orders and deals, the following conditions of purchase ("AEB") apply exclusively:
www.idealderm.com/fix/aeb.txt
§ 10 Contract Language
Our contract language is German.
§ 11 Payment Options
Payment Options:
We accept the following methods of payment (advance payment only):
Instant bank transfer (Sofort Überweisung)
PayPal
Credit card: Mastercard, VISA, ...
Bank transfer: You transfer the invoice amount in advance.
§ 12 Revocation
After revocation, the costs of returning the goods are to be borne by the buyer.
Given the fragility of the products, the customer must ensure that the shipment is properly carried out. The products must be packaged carefully and protected from impact. Plain envelopes such as bubble envelopes must be replaced with solid cardboard, if possible doubled, to avoid damaging fragile products during transit.
In the event of damage or loss of the contents of the package (e.g. a product offered according to the value of the order), IDEALDERM has the right to request a refund of the amount of the products and/or the products sent free of charge.
Deviating sales conditions of the supplier shall only be deemed accepted if confirmed by us in writing. The unconditional acceptance of services and supplies or their payment does not constitute acceptance of the Seller's terms of sale.
You agree that the translation is provided for convenience only and that the German language version will govern your use of the Site and your purchase of products.