General Terms And Conditions
General Terms and Conditions of the provider IDEALDERM GmbH
§ 1 Scope of Application
§ 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 Performance, Place of Jurisdiction
§ 8 Consumer Dispute Resolution
§ 9 Purchasing Conditions
§ 10 Contract Language
§ 11 Payment Options
§ 12 Right of Withdrawal
§ 1 Scope of Application
Contracts concluded between IDEALDERM GmbH, owner Faiza Lemoine, (hereinafter referred to as the “Seller”) and a consumer or entrepreneur (hereinafter referred to as the “Customer”) via the Seller’s online shop are governed by the following General Terms and Conditions (GTC). The inclusion of the Customer’s own terms and conditions is hereby rejected, unless the parties agree otherwise in writing. The contract language is German.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB).
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur obligations (§ 14 BGB).
§ 2 Conclusion of Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer by the Seller to conclude a purchase contract, but rather an invitation for the Customer to submit a binding offer.
(2) The Customer can place the desired item in the shopping cart by clicking the “Add to cart” button without obligation. The Customer can view the contents of the shopping cart at any time without obligation by clicking the “My Cart” button. The items in the shopping cart can be removed from the cart at any time by clicking the “x” (delete) button or the “image” in the bin, located to the right of the item price. If the Customer wishes to purchase the item or items in the shopping cart, the “Proceed to checkout” button must first be clicked. In the following overview, the Customer can select their destination country and a payment method. After clicking the “Checkout” button, the Customer is asked to enter their data. Mandatory information is marked with an *. By clicking the “continue” button, the Customer is taken to an order overview. Here, the Customer can check their entries once again. The Customer can correct their entries using the “Edit” button. By clicking the “Order with obligation to pay” or “Buy” button, the Customer submits a binding offer to purchase the item or items. The ordering process is thereby completed. The Customer can cancel the ordering process at any time by closing the browser window. The Customer may also submit their offer to the Seller by email, post, fax or telephone.
After receipt of the order, the Buyer receives an automatic confirmation of receipt by email and the GTC as an attachment (provided that a valid email address has been given). However, this automatic confirmation does not yet constitute acceptance of the offer in the legal sense. The contract is only concluded upon handover of the goods to the Customer.
The shape and colour of the product packaging may differ slightly from the product images.
(3) The Customer is only entitled to free gifts in connection with ordered and paid goods. If, in the event of an order return within the scope of a withdrawal, only the paid goods are returned to the Seller and the free gift is missing, this gift must be paid for and will be deducted from the refund in the amount of the product value.
§ 2a Customer Account and Benefits System
Certain benefits, customer statuses, privileges or commercial classifications (e.g. Standard, Premium, VIP, Elite or comparable designations) may be granted voluntarily to registered customers. These benefits are non-binding, non-transferable and do not give rise to any legal entitlement.
IDEALDERM GmbH reserves the right to modify, suspend or discontinue the benefits system, the conditions, classifications or benefits granted, in whole or in part, at any time, even without giving reasons, at its own discretion.
§ 3 Storage of the Contract Text
The contract text (with information on the type of item, purchase price, purchase date, etc.) is stored by the Seller on its internal systems after conclusion of the contract. However, the stored contract text is not made accessible to the Customer. The Customer can independently save the ordering process, for example by taking a screenshot or by printing the page.
§ 4 Retention of Title
If the Seller provides the goods in advance, the Seller retains ownership of the goods until the purchase price owed has been paid in full.
§ 5 Liability for Defects
(1) Rights relating to liability for defects (warranty)
The statutory rights relating to liability for defects apply to the goods offered.
The Buyer is requested to notify the Seller immediately upon receipt of damaged goods so that the Seller can, in turn, assert claims against the shipping company in due time in the event of transport damage.
(2) Warranty towards consumers for used goods
If the Customer is a consumer, warranty claims for defects in used goods become time-barred one year after delivery of the sold goods to the Customer. Excluded from this provision are claims for damages, claims for defects that the Seller fraudulently concealed, and claims arising from a guarantee that the Seller has assumed for the quality of the goods. The statutory limitation periods apply to these excluded claims.
(3) Warranty towards entrepreneurs
Warranty claims by the entrepreneur due to defects in the goods become time-barred one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects that the Seller fraudulently concealed, and claims arising from a guarantee that the Seller has assumed for the quality of the goods. Also excluded is the right of recourse pursuant to § 478 BGB. The statutory limitation periods apply to these excluded claims.
§ 6 Limitation of Liability
Liability for slightly negligent breaches of duty is excluded insofar as these do not concern material contractual obligations, damages arising from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by the Seller’s vicarious agents and legal representatives. Material contractual obligations include, in particular, the obligation to hand over the item to the Customer and to transfer ownership of it. Furthermore, the Seller must provide the item free from material defects and defects of title.
§ 7 Place of Performance, Place of Jurisdiction
If the Customer is a merchant, the place of performance for all services arising from contractual relationships with the Seller, as well as the place of jurisdiction, is the Seller’s registered office.
§ 8 Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
For the quick and amicable resolution of consumer complaints, you may contact us at any time at the following email address:
info@idealderm.com
§ 9 Purchasing Conditions
Our orders and contracts are governed exclusively by the following Purchasing Conditions (“AEB”):
www.idealderm.com/fix/aeb.txt
§ 10 Contract Language
Our contract language is German.
§ 11 Payment Options
Payment options:
We accept the following payment methods (advance payment only):
- Sofort bank transfer
- PayPal
- Credit card: Mastercard, VISA, ...
- Bank transfer: You transfer the invoice amount in advance by bank transfer.
§ 12 Right of Withdrawal
After withdrawal, the costs of return shipping shall be borne by the Buyer.
In view of the fragility of the products, the Customer must ensure that shipping is carried out properly. The products must be carefully packaged and protected against shocks. Simple envelopes such as padded envelopes must be replaced by sturdy cardboard, double cardboard if possible, in order to avoid damage to fragile products during transport.
In the event of damage to or loss of the parcel contents (e.g. a product offered according to the value of the order), IDEALDERM has the right to request reimbursement of the amount of the products and/or the products sent free of charge.
Deviating terms and conditions of sale of the supplier shall only be deemed accepted if they have been confirmed by us in writing. The unconditional acceptance of services and deliveries or their payment does not constitute consent to the supplier’s terms and conditions of sale.
Severability Clause
Should individual provisions of the contract with the ordering party, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is invalid in whole or in part shall then be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
We are entitled to process data relating to the ordering party that we receive from the ordering party themselves or from third parties within the scope of or in connection with the business relationship, within the meaning of the German Federal Data Protection Act.
