Status: August 30, 2023
Table of contents
- Scope of the GTC
- General information on offers and orders
- Order process and conclusion of contract
- Contract text and contract language
- Customer account
- Information on prices and shipping costs
- Payment methods and terms of payment
- Retention of title
- Delivery, availability of goods
- Sale of vouchers
- Cancellation policy
- Amendment of the GTC
- Dispute resolution and consumer dispute resolution
1 Scope of the GTC
- For the business relationship between Dr. Emi Arpa Skin GmbH | Fasanenstraße 65 | 10719 Berlin Commercial Register Berlin Charlottenburg | HRB 248486B Value Added Tax ID (VAT-ID): DE358543091 Managing Directors: Dr. med. Emi Arpa, Sebastian Dahlem E-Mail: hallo@dr-emi.de +49 (0)30 88675777 (hereinafter referred to as "Seller") and the purchaser of the Seller's products and services (hereinafter referred to as "Products" or "Goods"), hereinafter referred to as "Customer", shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as "GTC").
- All personal designations apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine language forms has been avoided.
2. general information on offers and orders
- The presentation of the products in the store, on websites and in digital printed brochures or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the customer's offer.
- Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the seller to fulfill the contract. In particular, customers must ensure that the e-mail and delivery addresses provided are correct and that any obstacles to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. ordering process and conclusion of contract
- The customer can select products from the range offered by the seller to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the order process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
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GTC - Note (conclusion of contract):
"For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT) in accordance with our GTC. The latter also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs. In order to ensure smooth delivery to Switzerland, we would like to point out for reasons of transparency that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the retail chain. This does not result in any additional costs for the buyer."
4. contract text and contract language
- The seller saves the text of the contract and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of their browser or the save function for websites in the last step of the order.
- The contract language is German, contracts can be concluded in this language.
5. customer account
- The seller provides the customer with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored with the seller. The information stored in the customer account is not public.
- Customers can also place an order as a guest without having to create a customer account.
- Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances where necessary (e.g. a change of e-mail address in the event of a change of address or a change of postal address prior to an order). Customers are responsible for any disadvantages arising from incorrect information.
- Customers are responsible for their customer accounts within the scope of their sphere of influence and insofar as this responsibility can reasonably be expected of them. It is the customer's responsibility to exercise the greatest possible care when using access data to the customer account and to take every measure to ensure the confidential, secure handling of the data and to prevent its disclosure to third parties. Customers are obliged to inform the seller immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
- The customer account may only be used in accordance with the applicable statutory provisions, in particular the provisions on the protection of third-party rights, and in accordance with the seller's GTC using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
6. information on prices and shipping costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
- Information page with details of delivery and shipping costs: www.dr-emiskin.de/pages/versand
- In addition to the prices indicated, the seller charges the following shipping costs for delivery: https://dr-emiskin.de/pages/versand-retoure
7 Payment methods and terms of payment
- When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information during the payment process. This is particularly because the provision of payment methods or the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The customer shall ensure that they fulfill the requirements incumbent upon them that are necessary for successful payment using the selected payment method. This includes, in particular, sufficient funds in bank and other payment accounts, registration, legitimization and authorization with payment services and confirmation of transactions.
- The seller reserves the right to offer payment methods only from or up to a certain order value. In this case, the seller will inform the customer of a corresponding payment restriction until the start of the order process. The right of consumers to a free, common and reasonable means of payment is not restricted.
- SEPA Direct Debit Scheme - By placing the order, the customer grants the seller a SEPA Direct Debit Mandate. By issuing the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date on which the bank account will be debited (referred to as "pre-notification"). The pre-notification does not require a specific form and can, for example, take the form of an invoice, information in an e-mail, on a website or in general terms and conditions. The deadline for the pre-notification of the date on which the bank account will be debited is 5 days (referred to as the "pre-notification deadline"). The invoice amount is due after the direct debit mandate has been issued, but not before expiry of the pre-notification period. The account will be debited before the goods are dispatched, but not before the pre-notification period has expired.
- Credit card payment - When placing an order, customers provide their credit card details. The customer's credit card will be charged immediately after completion of the order and after authorization as the rightful cardholder.
- Klarna - Payment is made via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") using the Klarna payment method provided or selected by the customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com/de/ and are communicated to the customer as part of the payment process.
- Klarna PayNow credit card - The customer must identify himself as the legitimate cardholder before the payment transaction is carried out and the customer's account is automatically debited.
- Klarna PayNow direct debit - The customer issues Klarna with a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, Klarna is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date on which the bank account will be debited (referred to as "pre-notification").
- Klarna invoice - The prerequisite is a successful check of the customer's address and creditworthiness by Klarna. In the case of purchase on account, customers receive the goods first. The payment term is 14 days, unless otherwise agreed during the payment process. The seller assigns his payment claim to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions.
- Klarna installment payment - The prerequisite for Klarna installment purchase is a successful check of the customer's address and creditworthiness by Klarna. The seller assigns his payment claim against the customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. Further information on European standard information for consumer credit, financing via Klarna, in particular on the installments and minimum amount of the installment payment as well as Klarna's terms and conditions: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
- Klarna Sofortüberweisung (Sofort) - The payment is carried out with the help of online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the customer during the ordering process). Further information: https://www.klarna.com/sofort/.
- PayPal - Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the customer. Customers are forwarded directly to PayPal at the end of the order process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms and conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
- PayPal Express - The customer pays the amount owed using the PayPal transaction process.
- PayPal Plus (PayPal) - The customer must have a PayPal account and pays the amount owed using the PayPal transaction process.
- PayPal Plus (direct debit) - The customer can pay using PayPal's direct debit procedure even if he does not have a PayPal account. The customer issues PayPal with a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, whereby the customer's bank account is automatically debited. The customer will be informed of the date on which the bank account will be debited (referred to as "pre-notification").
- PayPal Plus (credit card) - The customer can pay by credit card via PayPal even if they do not have a PayPal account. To make the payment, the customer must identify himself as the legitimate cardholder before the payment transaction is carried out and the customer's account is automatically debited.
- PayPal Plus (purchase on account) - The customer can make a purchase on account via PayPal even if they do not have a PayPal account. The prerequisite is a successful check of the customer's address and creditworthiness by PayPal. The seller assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal in accordance with the conditions and the selected or specified payment term of PayPal. PayPal's terms of use for purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
- PayPal installment payment - The prerequisite for an installment payment via PayPal is a successful check of the customer's address and creditworthiness by PayPal. The seller assigns his payment claim against the customer to PayPal. A debt-discharging payment can only be made to PayPal in accordance with PayPal's terms and conditions.
- As part of the PayPal payment method "Checkout", the seller may use third-party payment service providers for the purpose of payment processing. The following information applies to PayPal and the third-party payment service providers named in each case (collectively referred to as "checkout payment service providers"). The terms and conditions of the checkout payment service provider communicated to the customer shall apply. If the seller offers a purchase on account or payment by installments via the checkout payment service provider, the seller reserves the right that a successful check of the customer's address and creditworthiness by the checkout payment service provider is a prerequisite for the payment method. The seller assigns the payment to the checkout payment service provider. A debt-discharging payment can only be made to the checkout payment service provider in accordance with the conditions and the selected or specified payment target of the checkout payment service provider. In the case of payment by SEPA direct debit mandate, the customer must issue a SEPA direct debit mandate to the checkout payment service provider. By issuing the SEPA direct debit mandate, the checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed of the date on which their bank account will be debited (so-called "pre-notification").
- Giropay - The use of Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out on the basis of the Giropay conditions, which are also communicated to the customer during the ordering process. Further information can be found at https://www.giropay.de.
- Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out on the basis of the conditions of Google Pay, which are also communicated to the customer during the ordering process. Further information: https://pay.google.com.
- Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out on the basis of the Apple Pay conditions, which are also communicated to the customer during the ordering process. Further information and conditions: https://www.apple.com/de/apple-pay/.
8. reservation of title
- If the seller makes advance payment, the delivered products remain the property of the seller until full payment has been made.
9. delivery, availability of goods
- The ordered goods will be delivered to the specified delivery address unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is stored and the customer uses the means of payment to inform the seller of this delivery address as being decisive for the ordered delivery, the goods will be delivered to the different delivery address.
- Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
- If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and reasonable efforts on its part, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or the customer does not wish to receive delivery of comparable goods, the seller shall immediately reimburse the customer for any payments already made.
10. sale of vouchers
- These GTC apply accordingly to the sale of vouchers that embody material or monetary values.
11. revocation instruction
- The information on the right of withdrawal for consumers can be found in the seller's withdrawal policy.
12. amendment of the GTC
- The Seller reserves the right to amend these GTC in the case of continuing obligations (i.e. The Seller reserves the right to amend these GTC at any time with effect for the future in the following cases: a) If the amendment serves to bring the GTC into conformity with the applicable law, in particular if the applicable legal situation changes; b) If the amendment serves the Seller to comply with mandatory court or official decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the GTC; d) If the amendment is merely advantageous for the customers.
- The seller shall send the amended GTC to the e-mail address provided by the customer to the seller at least two weeks before they come into force. If a customer does not object to the new GTC within two weeks of receiving the e-mail, the amended GTC shall be deemed to have been accepted by the customer. With the notification of the change, the seller will inform the customer of the consequences of not objecting. Customers may also consent to the amended GTC by expressly agreeing to them.
13. dispute resolution and consumer dispute resolution
- The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ . Consumers have the option of using this platform to resolve their disputes.