General Terms and Conditions

§ 1 Scope of application

1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship (all contracts, deliveries and other services, e.g. the purchase of vouchers) between Dr. Massing Cosmetics GmbH, Zeißstr. 13, 30519 Hanover (hereinafter referred to as "Seller") and the Customer in the version valid at the time of the order. The currently valid version can also be retrieved and printed out from the Seller's website at https://www.dr-massing-cosmetics.de/agb. Unless expressly agreed in writing, deviating terms and conditions shall not apply.
1.2 Customer in the sense of these terms and conditions are consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (see §13 BGB). 
1.3 Entrepreneur in the sense of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract with the Seller (§ 14 BGB).

§ 2 Offers and conclusion of contract

2.1 The offers and product presentations of our product range in the online store do not constitute a legally binding offer. It is merely an invitation to submit offers.
2.2 You can initially place the products in the shopping cart without obligation and correct the data at any time before sending the binding order by using the correction tools provided and explained for this purpose in the order process.
2.2 By clicking the button [Buy now], the customer makes a binding offer to conclude the contract, which can be accepted by the seller.
2.3 The contract is concluded if we accept the customer's offer, which lies in the sending of this data, within 7 calendar days. The declaration of acceptance vis-à-vis the customer shall in principle also be deemed to be the delivery of the goods. An order confirmation by e-mail only serves to inform the customer that the order has been received and registered. It does not represent an acceptance of the contract.
2.3 The availability of an item will be checked by us in each individual case of an order request and confirmed if necessary.
2.4 The purchase contract is concluded with Dr. Massing Cosmetics GmbH, Zeißstr. 13, 30519 Hanover, Germany, telephone: 0511-51942038, e-mail: info@dr-massing-cosmetics.de; represented by Dr. Erik Massing, Niklas Massing and Pia Wolter, VAT identification number pursuant to § 27 UstG: DE299932386.
2.5 The customer agrees to receive invoices electronically. Electronic invoices will be sent to the Customer in Pdf format by e-mail or made available for download within the Customer's account.

§ 3 Contract Language, Contract Text Storage

3.1 The language(s) currently available for the conclusion and execution of the contract shall be: German. 
3.2 The Seller shall store the text of the contract and send it to the Customer together with the General Terms and Conditions and order data in text form after conclusion of the contract.
3.3 If the customer has created a customer account in the seller's online store before sending his order, the contract text will also be stored in the password-protected customer account and will also be available after the conclusion of the contract.

§ 4 Prices and shipping costs

4.1 The prices stated at the time of the order shall apply. All prices stated are final prices, i.e. they include all price components, including the statutory value added tax.
4.2 Shipping costs are not included in the prices and are to be borne by the customer unless otherwise stated. The shipping costs will be clearly communicated to the buyer before the order and during the ordering process. More detailed provisions on shipping costs, if applicable, can be found in the offers or at https://www.dr-massing-cosmetics.de /policies/shipping-policy.
4.3 In individual cases, additional costs may arise for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.4 The goods shall only be sold in customary quantities. This refers both to the number of goods ordered as part of one order and to the placement of several orders of the same goods, where the individual orders comprise a quantity customary in the household.

§ 5 Terms of delivery and delivery time

5.1 Shipment shall be made by a carrier of our choice.
5.2 Unless otherwise stated in the respective offer, standard deliveries shall be delivered from our distribution warehouse within 1-6 working days to the delivery address specified by the customer when placing the order. Partial deliveries are permissible and independently billable, insofar as this is reasonable for the buyer and he has an objective interest in the partial delivery. 
5.3 The delivery time is the period between placing the order and delivery of the ordered goods. In the case of orders with payment in advance, the period between payment and delivery shall be extended.
5.4 If a shipment of goods is returned to us due to non-delivery, the customer shall bear the costs for the return shipment as well as the costs for a new shipment. 
5.5 Operational disruptions - both in our company and in that of a supplier - in particular strikes, lockouts and all other cases of force majeure, shall not entitle the customer to terminate the contractual relationship. 

§ 6 Payment

6.1 The following payment methods are generally available to you in the online store. However, the seller reserves the right not to offer certain payment methods and to refer to other payment methods for each order.

6.1.1 Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation or separate e-mail and deliver the goods after receipt of payment. In case of bank transfers from non-European countries, any bank charges are to be borne by the customer. The total amount (incl. taxes and other charges) has to be transferred to our bank account within 5 working days after conclusion of the contract.

6.1.2 Cash on delivery
In case of payment by cash on delivery, additional costs (service fee) in the amount of 6.66 € incl. VAT will be charged. These costs will be added to the purchase price. The fee is retained by DHL itself. The invoice amount and the fee are paid directly to the deliverer upon delivery.

6.1.3 Mollie Payments
If a payment method offered is selected via the payment service "Mollie Payments", the payment will be processed via the payment service provider Mollie B.V. (Mollie), a company registered with the Dutch Chamber of Commerce under number 30204462, is a payment service provider authorized by the Dutch Central Bank (DNB). Stichting Mollie Payments is a foundation established by Mollie to protect third party funds processed by Mollie, as mentioned in the First and Second Payment Services Directives.  The individual payment methods offered through Mollie are communicated to the Customer in the Seller's online store. Further information is available on the Internet at https://www.mollie.com/de/payments.

6.1.3.1 Credit card
When choosing the payment method "credit card", the Customer, by disclosing his/her credit card details, expressly authorizes the Seller to charge the full invoice amount, plus any delivery and shipping costs, to the selected credit card company upon the due date. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

6.1.3.2 Klarna invoice
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase on account as a payment option. Please note that Klarna Invoice is only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.

6.1.3.3 PayPal Express
More information about PayPal Express can be found under 6.1.5 PayPal.

6.1.3.4 Apple Pay
In order to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.

6.1.3.5 eps bank transfer
In order to be able to pay the invoice amount via "eps Überweisung", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation, must identify himself accordingly during the payment transaction and must confirm the payment instruction to "eps". The payment transaction will be carried out immediately after the order has been placed. You will receive further instructions during the order process.

6.1.4 SOFORT Bank transfer
If you choose the payment method "SOFORT", the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.

6.1.5 PayPal
If the payment method PayPal is selected, the invoice amount is paid via the online payment provider PayPal. For this purpose, the customer will be redirected to the website of PayPal. The customer must be registered with PayPal or, if necessary, register for the first time, then legitimize with his access data at PayPal and then confirm the payment instruction to the merchant. The payment to the merchant takes place immediately after the confirmation of the customer through his PayPal account. The "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A., as amended from time to time, which can be accessed at www.paypal.com, shall apply. The shipment takes place after confirmation of payment by PayPal.

6.1.6 Cash payment upon pickup
You shall pay the invoice amount in cash upon collection.

6.2 If the Customer is in default of payment, the Vendor shall be entitled to demand interest on arrears in the amount of 5% above the base interest rate p.a. announced by the European Central Bank. If the Vendor can prove that it has incurred higher damages as a result of the delay, it shall be entitled to assert such damages.
6.3 The assertion of rights of retention or offsetting with counterclaims of any kind, irrespective of the legal basis, or other deductions is not permitted. This shall not apply if the counterclaims have been legally established or are undisputed and claims of the customer in connection with the assertion of a statutory right of withdrawal are thereby excluded.
6.4 However, the customer shall also be entitled to withhold payment due to counterclaims arising from the same contractual relationship.

§ 7 Vouchers

7.1 Vouchers purchased via the Seller's online store can only be redeemed in this online store via the text field provided for this purpose in the order form. A redemption by telephone, letter, fax or e-mail is not possible.
7.2 Several vouchers can be redeemed for one order. A cash payment of vouchers or voucher credits is not possible.
7.3 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers. If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.4 Vouchers and remaining credit balances of vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer's voucher account until the expiration date.
7.5 The voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation authorization of the respective holder.

§ 8 Retention of title

The goods remain our property until full payment.

§ 9 Transport damage

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.

§ 10 Warranty

The statutory provisions of the warranty for defects shall apply.

§ 11 Liability

All claims for damages against us as well as against our vicarious agents and persons employed in the performance of our obligations, irrespective of the legal basis, shall be excluded, unless they are based on: 
- breach of essential contractual obligations
- intent or gross negligence
- injury to life, body or health
- product liability

§ 12 Cancellation policy and form

12.1 The following right of withdrawal only applies if you are a consumer. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. If you are an entrepreneur in the sense of § 14 of the German Civil Code (BGB) and act in the exercise of your commercial or self-employed activity when concluding the contract, the following right of withdrawal does not apply.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. 
In order to exercise your right of withdrawal, you must inform us (Dr. Massing Cosmetics GmbH, Zeißstr. 13, 30519 Hannover; phone: 0511-519 420 38; e-mail: info@dr-massing-cosmetics.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation: 
If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of the return shipment. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods. 

Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Sample cancellation form

(If you wish to cancel the contract, please fill out and return this form).

Dr. MASSING COSMETICS GmbH
c/o Logistics - Returns
Zeissstr. 13
30519 Hanover
E-Mail: info@dr-massing-cosmetics.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication) 
Date
(*) Please delete where inapplicable.

12.2 Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging and unopened with all accessories and, if possible, not carriage forward. Compliance with the aforementioned conditions is not a prerequisite for the effective exercise of the right of withdrawal.
12.3 In the case of special promotions in which a free gift from the seller to the customer is made dependent on reaching a certain order value, the seller reserves the right to reclaim this gift if the required amount is not reached by returning goods. The same applies to promotions in which the customer receives an identical second product by purchasing one product. The seller considers them as one unit in the sense that the withdrawal from the purchase always requires the return of both items. In case of incomplete return, no financial refund can be made.

§13 Copyright

All images, text and logos on our website, publications and social media profiles, as well as images and text of our promotional materials are protected by copyright and may not be used without written permission.

§14 Data protection

14.1 The Seller takes the issue of data protection very seriously and collects, processes and uses the data transmitted by the Customer in accordance with the data protection regulations of the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG).
14.2 Further information on the Seller's handling of personal data of the Customers can be found at https://www.dr-massing-cosmetics.de/datenschutz.

§ 15 Customer service

If you have any questions, complaints or claims, you can reach our customer service from Monday to Thursday from 08:00 - 17:00 and Fridays from 08:00 - 15:00 by calling 0511-519 420 38 or by e-mail at info@dr-massing-cosmetics.de.

§ 16 Online Dispute Resolution Platform

16.1 The European Commission provides a platform for online dispute resolution (OS), which you can find here.
16.2 We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board - responsible is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.

§17 Other notes

17.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 
17.2 In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.