Terms of service

Terms of Service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Shipping and Delivery Conditions
Retention of Title
Warranty and Liability for Defects
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of TFK DermaCare GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of products concluded between a customer (consumer or entrepreneur) and the Seller with regard to the products offered in the Seller’s online shop. The inclusion of the customer’s own terms and conditions is hereby expressly rejected, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the delivery of vouchers, unless deviating regulations have been made.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 An entrepreneur within the meaning of these Terms 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 self-employed professional activity.

2. Conclusion of Contract

2.1 The product presentations in the Seller’s online shop do not constitute legally binding offers on the part of the Seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit their offer via the order form integrated into the Seller’s online shop. After selecting the desired products and adding them to the virtual shopping cart, as well as going through the ordering process, the customer submits a legally binding purchase offer with regard to the products contained in the shopping cart by activating the button that completes the ordering process.

2.3 The Seller can accept the customer’s offer within five days by:

Sending the customer a written order confirmation or an order confirmation in text form (by fax or email), whereby receipt by the customer is decisive, or
Delivering the ordered goods to the customer, whereby receipt by the customer is decisive, or
Requesting payment from the customer after submission of their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the customer’s offer within this period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out 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”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. When the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the customer’s offer at the time when the customer activates the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller after the conclusion of the contract and transmitted to the customer in text form (e.g. by email, fax, or letter) after sending their order. No further access to the contract text is provided by the Seller. If the customer has set up a user account in the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which is used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they activate the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The available languages are displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they provide is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process orders can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s separate withdrawal notice.

3.3 The right of withdrawal is not available to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices quoted are total prices including statutory value-added tax. Any additional shipping and delivery costs are stated separately in the respective product description.

4.2 When delivering to countries outside the European Union, additional costs may arise in individual cases which are not the responsibility of the Seller and which must be borne by the customer. These include, for example, costs for money transfers 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 money transfers if the delivery is not to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment options are communicated to the customer in the online shop.

4.4 When selecting a payment method offered via the “Shopify Payments” payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the Seller’s online shop. For payment processing, Stripe may use other payment services for which special payment conditions may apply, to which the customer may be separately notified. Further information on “Shopify Payments” is available at: https://www.shopify.com/legal/terms-payments-de

5. Shipping and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery is made within the specified delivery area to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the Seller’s withdrawal notice applies in the event of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment with the execution and the Seller has not previously named this person or institution to the customer.

5.4 Self-collection is not possible for logistical reasons.

6. Retention of Title

If the Seller provides advance payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.

7. Warranty and Liability for Defects

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the Seller has the choice of the type of supplementary performance;
the limitation period for defect rights for new goods is one year from delivery of the goods;
defect rights are excluded for used goods;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions in limitation periods regulated above do not apply

to claims for damages and reimbursement of expenses by the customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which have been used for a building in accordance with their normal use and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4 If the customer acts as a consumer, they are requested to complain to the delivery person about delivered goods with obvious transport damage and to inform the Seller of this. If the customer does not comply with this, it has no effect whatsoever on their statutory or contractual defect claims.

8. Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter “Promotional Vouchers”) can only be redeemed in the online shop and only during the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 If the promotional voucher relates to a specific amount and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered can be selected to settle the difference.

8.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

9. Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credit is credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods, not for the purchase of additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered can be selected to settle the difference.

9.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

9.8 The gift voucher is only intended for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10. Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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