1.SCOPE
These General Terms and Conditions (GTC) apply to all contracts with consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) that are made via our online shop.
Non-members of the professional circle § 3 Number 17 MPG (laypersons) must provide a private prescription for the medical devices ordered without being asked and immediately. This can be done by email to info@samus-cosmetology.com or by fax to +49 (0) 174 5323199. Otherwise a purchase contract will not be concluded.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2.CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT
The purchase contract is concluded.
Represented by managing director.
You can reach our customer service for questions, complaints and objections on +49 (0) 174 5323199 and by email at info@samus-cosmetology.com .
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to order. All offers are valid “while stocks last”, unless otherwise stated for the products. Errors excepted. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within 5 days.
The language available for concluding the contract is German. The contract text is not stored by us.
3.DELIVERY TERMS
We deliver by Post Office. The goods can be picked up from our business premises during business hours. We do not deliver to packing stations.
4.PAYMENT METHODS
Instant Banking
Pay conveniently and securely directly from your account with SOFORT transfer.
PayPal
Pay conveniently with PayPal and benefit from PayPal buyer protection. A PayPal account is required for this
By lastname
You pay by last name.
Payment in advance
Please transfer directly to our bank details. Please use the order number as the reference. Your order will only be shipped once money has been received in our account. Thank you for your purchase.
Invoice: The payment deadline is [14] days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden, Switzerland.
Installment purchase: Klarna’s financing service allows you to pay for your purchase in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the specified countries): Denmark, Germany, Finland, Great Britain, Norway, Austria, Sweden.
Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after you place your order.
Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.
Credit card (Visa/Mastercard): Available in Germany. The debit takes place after the goods or tickets have been dispatched / the availability of the service or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations.
5.RIGHT OF WITHDRAWAL
You can find the cancellation policy
6.RETENTION OF TITLE
The goods remain our property until full payment.
We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of your business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7.TRANSPORT DAMAGE
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8.WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability law applies.
The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents:
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of application of the Product Liability Act is opened.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.
9.LIABILITY
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents:
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty
- with guarantee promises, if agreed
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10.DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board. The responsible body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11.FINAL PROVISIONS
German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.