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Terms and Conditions

Status: August 30, 2023

Table of Contents

 

  • Scope of the Terms and Conditions
  • General information on offers and orders
  • Order process and conclusion of contract
  • Contract text and contract language
  • Customer account
  • Information about prices and shipping costs
  • Payment methods and payment terms
  • Retention of title
  • Delivery, product availability
  • Sale of vouchers
  • Cancellation policy
  • Change of Terms and Conditions
  • Dispute resolution and consumer dispute settlement

1. Scope of the Terms and Conditions

  • For the business relationship between Dr. Emi Arpa Skin GmbH | Fasanenstraße 65 | 10719 Berlin Commercial Register Berlin Charlottenburg | HRB 248486B 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 products and services of the Seller (hereinafter referred to as "Customer") referred to below, the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively.
  • All terms referring to people apply equally to both genders. For the sake of better readability, the simultaneous use of masculine and feminine language forms has been omitted.

2. General information on offers and orders

  • The presentation of the products in the shop, on websites, and in digitally printed brochures, or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but rather an invitation to submit 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's performance of the contract. In particular, customers must ensure that the provided email and delivery addresses are correct and that any delivery obstacles for which customers are responsible are taken into account (e.g., by checking the spam folder of the email software used).

3. Order process and conclusion of contract

  • The customer can choose from the products offered by the seller in the assortment 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 ordering process.
  • By clicking on the button that completes the ordering process, the customer makes a binding offer to purchase the products in the shopping cart from the seller.

4. Contract text and contract language

  • The seller stores the contract text and makes it available to the customers in text form (e.g., via email or printed with the delivery of the order). The customer can print the contract text before submitting the order to the seller by using the print function of their browser or the save function for web pages 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 their orders and the 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 required to provide truthful information in their customer account and to adjust the information to changes in the actual circumstances as necessary (e.g., the changed email address in the event of a change or the changed mailing address before placing an order). Customers are responsible for any disadvantages that arise from incorrect information.
  • Customers are responsible for their customer accounts within their area of influence and to the extent that the responsibility is reasonable for them. It is the customers' responsibility to exercise the utmost care when using access data for the customer account and to take any measures necessary to ensure the confidential and secure handling of the data and to prevent its disclosure to third parties. Customers are required 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 legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, using the access interfaces and other technical access options provided by the seller. Another way of use, especially by external software, such as bots or crawlers, is prohibited.

6. Information about prices and shipping costs

  • All price indications are understood, unless otherwise stated, as total prices including the applicable statutory value-added tax (VAT).
  • Information page with details on delivery and shipping costs: www.dr-emiskin.de/pages/versand
  • In addition to the listed prices, the seller charges the following shipping costs for delivery: https://dr-emiskin.de/pages/versand-retoure

7. Payment methods and payment terms

  • When using financial institutions and other payment service providers, the terms and conditions and privacy notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information in the context of the payment process. This is particularly true because the provision of payment methods or the course of the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g., agreed issuance limits, location-restricted payment options, verification procedures, etc.).
  • The customer ensures that he meets the requirements incumbent upon him that are necessary for successful payment using the chosen payment method. This includes, in particular, the adequate coverage of bank and other payment accounts, registration, legitimations, and authorization with payment services, as well as the 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 customers of a corresponding payment restriction until the start of the ordering process. The right of consumers to a free, common, and reasonable means of payment is not restricted.
  • SEPA direct debit procedure - By placing the order, the customer grants the seller a SEPA direct debit mandate. By granting the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification"). The pre-notification is not form-bound and can, for example, take the form of an invoice, information in an email, on a website, or in terms and conditions. The deadline for the pre-notification of the bank account debit date is 5 days (referred to as "pre-notification period"). The invoice amount is due after the issuance of the direct debit mandate, but not before the expiration of the pre-notification period. The account charge occurs before the goods are shipped, but not before the expiration of the pre-notification period. .
  • Credit card payment - By placing the order, customers provide their credit card information. The customer's credit card will be charged immediately after the order is completed and after their authorization as the legitimate cardholder.
  • Klarna - The payment is processed through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter referred to as "Klarna") using the provided or customer-selected method of Klarna payment. The terms of use of Klarna apply, which can be viewed at https://www.klarna.com/de/ and will be communicated to the customer as part of the payment process.
  • Klarna PayNow credit card - The customer must identify themselves as the legitimate cardholder in order to carry out the payment before the payment transaction is processed and the customer's account is automatically charged.
  • Klarna PayNow Direct Debit - The customer grants Klarna a SEPA direct debit mandate. By granting the SEPA direct debit mandate, Klarna is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification").
  • Klarna invoice - A successful verification of the customer's address and creditworthiness by Klarna is a prerequisite. In a purchase on account, customers receive the goods first. The payment term is 14 days, unless otherwise agreed during the payment process. The seller assigns their payment claim to Klarna. A debt-releasing payment can only be made to Klarna in accordance with Klarna's terms.
  • Klarna installment payment - The prerequisite for Klarna installment purchase is a successful verification of the address and the creditworthiness of the customer by Klarna. The seller assigns their payment claim against the customer to Klarna. A debt-releasing payment can only be made to Klarna in accordance with Klarna's terms. Further information on European standard information for consumer credit, financing through Klarna, particularly regarding 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/en_gb/account
  • Klarna Instant Transfer (Sofort) - The payment is made using online banking data by the provider Sofort GmbH immediately after the order in accordance with the terms of Klarna Instant Transfer (which are also communicated to the customer during the ordering process). More information: https://www.klarna.com/sofort/.
  • PayPal - The payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.,22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") carried out by means of the provided or customer-selected method of PayPal payment. Customers are redirected to PayPal at the end of the ordering process. For customers who have a PayPal account, the following terms of use from PayPal 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: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  • PayPal Express - The customer pays the owed amount via the PayPal transaction process.
  • PayPal Plus (PayPal) - The customer must have a PayPal account and pays the owed amount using the PayPal transaction process.
  • PayPal Plus (Direct Debit) - The customer can also pay using the direct debit procedure from PayPal even if they do not have a PayPal account. The customer grants PayPal a SEPA direct debit mandate. By granting the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification").
  • PayPal Plus (Credit Card) - The customer can pay via PayPal using a credit card even if they do not have a PayPal account. The customer must identify themselves as the legitimate cardholder in order to carry out the payment before the payment transaction is processed and the customer's account is automatically charged.
  • 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 verification of the customer's address and creditworthiness by Paypal. The seller assigns the payment to PayPal. A debt-releasing payment can only be made to PayPal in accordance with the terms and the chosen or specified payment target of PayPal. The terms of use of PayPal apply for purchases on account: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
  • PayPal Installment Payment - The requirement for an installment payment via PayPal is a successful verification of the customer's address and creditworthiness by PayPal. The seller assigns their payment claim against the customer to PayPal. A debt-releasing payment can only be made to PayPal in accordance with PayPal's terms.
  • As part of the PayPal payment method "Checkout", the seller may use third-party payment service providers for the purpose of processing payments. The following information applies to PayPal and the respective third-party payment service providers mentioned (collectively referred to as "Checkout Payment Service Providers"). The conditions of the checkout payment service provider communicated to the customer apply. If the seller offers a purchase on account or installment payment through the checkout payment service provider, the seller reserves the right that a successful verification 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-clearing payment can only be made to the checkout payment service provider in accordance with the terms and the chosen or specified payment target of the checkout payment service provider. In the case of a payment by SEPA direct debit mandate, the customer must grant a SEPA direct debit mandate to the checkout payment service provider. By granting the SEPA direct debit mandate, the checkout payment service provider is authorized to initiate the payment process, which automatically debits the customer's bank account. The customer will be informed about the time of the charge to their bank account (so-called "Pre-Notification").
  • Giropay - The use of Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out based on the terms of Giropay, which are also communicated to the customer during the ordering process. More information: https://www.giropay.de.
  • Google Pay - Using Google Pay requires registration for this payment method. The payment transaction is carried out based on the terms of Google Pay, which are also communicated to the customer during the ordering process. More information: https://pay.google.com.
  • Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the terms of Apple Pay, which are also communicated to the customer during the ordering process. More information and conditions: https://www.apple.com/de/apple-pay/.

8. Retention of title

  • If the seller makes an advance payment, the delivered products remain the property of the seller until full payment is made.

9. Delivery, product availability

  • The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  • If a payment service provider is used, where a delivery address is stored and the use of the payment method by the customer communicates this delivery address to the seller as relevant for the ordered delivery, the goods will be delivered to the differing delivery address.
  • If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
  • If the ordered goods are not available because the seller is not supplied with this product by his supplier without his own fault, particularly with regard to ensuring delivery and any possible and reasonable efforts on his part, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable goods are available or the customer does not wish to receive a delivery of comparable goods, the seller will promptly refund any services already rendered to the customer.

10. Sale of vouchers

  • These terms and conditions also apply to the sale of vouchers that represent goods or monetary values.

11. Right of withdrawal

  • The information on the right of withdrawal for consumers is derived from the seller's withdrawal instruction.

12. Change of Terms and Conditions

  • The seller reserves the right to change these terms and conditions in the case of ongoing obligations (i.e., contracts running over a longer period during which services and/or counter-services are provided), at any time with effect for the future in the following cases: a) If the change serves to align the terms and conditions with applicable law, particularly if the legal situation changes; b) If the change serves the seller to comply with mandatory judicial or administrative decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the terms and conditions; d) If the change is merely beneficial for the customers.
  • The seller will send the amended terms and conditions to the email address provided by the customer to the seller at least two weeks before they come into effect. If a customer does not raise an objection to the new terms and conditions within two weeks of receiving the email, the amended terms and conditions are considered accepted by the customer. With the notification of the change, the seller will inform the customers about the consequences of a non-contestation. Customers can also agree to the amended terms and conditions by express consent.

13. Dispute resolution and consumer dispute settlement

  • The European Commission provides a platform for online dispute resolution (ODR) that you can find at https://ec.europa.eu/consumers/odr/ . Consumers have the option to use this platform for the resolution of their disputes.