Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Place of Jurisdiction
  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of QMS Medicosmetics GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the order has been placed.

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

2.4 If a payment method offered by PayPal is selected, 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 User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online order process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and is sent to the customer in text form (e.g., email, fax, or letter) after the customer's order has been dispatched. No further accessibility of the contract text by the seller is provided. If the customer has set up a user account in the seller's online shop prior to submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding 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 of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. 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 the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. If applicable, Any additional delivery and shipping costs incurred will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible 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 and taxes (e.g. customs duties). Such costs may also be incurred in connection with money transfers even 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.

4.3 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative result of the check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed 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 will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer will be informed separately if applicable. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment shall apply. decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. With regard to return costs, the regulation stipulated in the seller's cancellation policy applies if the customer effectively exercises the right of withdrawal.

5.3 If the customer is acting 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 item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer or a person authorized to receive the goods only upon handover. Notwithstanding the above, if the customer commissions the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, even if the customer is a consumer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

  • by download
  • by e-mail

6) Retention of Title

If the seller makes advance payment, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. Notwithstanding the above, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defect claims is one year from delivery of the goods;
  • for used goods, defect rights are excluded;
  • the limitation period does not start anew if a replacement delivery is made as part of liability for defects.

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

  • to claims for damages and reimbursement of expenses by the customer,
  • in cases where the seller has fraudulently concealed the defect,
  • for Goods that have been used for a building in accordance with their usual intended purpose and have caused its defectiveness,
  • for 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 right of recourse remain unaffected.

7.4 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty to examine and give notice of defects in accordance with § 377 HGB applies. If the customer fails to comply with the reporting obligations stipulated there, the goods shall be deemed approved.

7.5 If the customer is a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the seller thereof. Failure of the customer to do so has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

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 on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.

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

9.4 Multiple gift vouchers can also be redeemed in one order.

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

9.6 If the value of the gift voucher is not sufficient to cover the order, to settle the outstanding balance, one of the other payment methods offered by the seller must be selected.

9.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, legal incapacity, or lack of authority of representation of the respective holder.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence is not withdrawn.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Place of Jurisdiction

If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Alternative Dispute Resolution

The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.