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General terms and conditions
Skinfit International GmbH
1. Scope of validity of the GTC
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to the business relationship between Skinfit International GmbH (hereinafter referred to as "Skinfit" or "we") and you (hereinafter referred to as "customer" or "you"). They are binding for all orders of goods via the webshop provided by us at www.skinfit.eu.
1.2 Skinfit is registered in Austria in the company register of the Feldkirch Regional Court under the company register number FN 233028p. The registered office of the company is located at Hinterfeld 1, 6842 Koblach, Austria. The VAT number is ATU56928677.
1.3 The current version of the General Terms and Conditions can be downloaded and printed out at www.skinfit.eu/en_en/gtc.
1.4 We are authorised to amend these General Terms and Conditions in accordance with clause 15.
1.5 By clicking on the checkbox in the shopping basket before placing the order "I have read and accepted the General Terms and Conditions", you declare that you agree to these General Terms and Conditions and are bound by them.
2. Ordering process and conclusion of contract
2.1 The presentation of our goods in the webshop does not constitute a binding offer from Skinfit. It is merely an invitation to you to order our goods. Only persons of legal age and legal capacity may place orders.
2.2 By submitting the order by clicking on the button "ORDER WITH OBLIGATION TO PAY", you submit a binding offer to conclude a purchase contract for the goods contained in the shopping basket. After we have received your order, we will send you an e-mail confirming receipt of your order and listing the details of your order (order confirmation). Please note that this order confirmation does not constitute acceptance of the contract by us, but merely serves to inform you that we have received your order.
2.3 The purchase contract between you and Skinfit is only concluded when we send the ordered goods to you, by sending a second e-mail as an order confirmation or by otherwise accepting the customer's offer. In the case of immediate bank transfer, the goods will only be dispatched after the full amount has been credited to our account. Irrespective of your right of cancellation in accordance with section 8, you can cancel your order for goods at any time free of charge before the corresponding dispatch confirmation is sent.
2.4 We are not obliged to accept your purchase offers and can refuse acceptance at any time without giving reasons. In this case, we will inform you immediately by e-mail that the offer has not been accepted. Any payments already made by you will be refunded in full.
2.5 Please refer to the individual product descriptions on our website for the main features of the goods we offer and the period of validity of limited offers. If the price information on the website is incorrect, we will inform you of this immediately by e-mail and will not fulfil the purchase. If you have already paid the purchase price, we will refund the amount in full.
2.6 You can recognise any input errors when placing your order during the final confirmation before the checkout and correct them at any time using the delete and change function before sending the order.
2.7 Goods are only sold in normal household quantities. The availability of certain goods may be limited.
2.8 If it’s not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, Skinfit will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and refund any consideration already received without delay.
2.9 The language available for the conclusion of the contract is exclusively German.
3. Registration for a user account and ordering as a guest
3.1 To register as a customer of our webshop, please complete the registration form provided for this purpose. The data required for registration must be complete and truthful. As part of the registration process, you will choose a personal user name (your e-mail address) and a password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
3.2 Registration for our webshop alone does not constitute any obligation to purchase. If you wish to delete your user account, please send an e-mail to: [email protected].
3.3 If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in at "My account" ["Login" in the navigation bar].
3.4 Alternatively, you have the option of placing the order as a guest. In this case, no registration is required and your personal data will not be stored for future purchases. However, you have the option of creating a user account and registering after completing your purchase.
4. Prices and shipping costs
4.1 The prices shown by Skinfit include the statutory value added tax.
4.2 We are entitled to charge shipping costs. The shipping costs vary depending on the product, shipping method and shipping location. You can find more information on our advice page www.skinfit.eu/en_en/help.
4.3 The final price including shipping costs is stated with every order.
4.4 Please note that customs and import fees may apply if your ordered goods are shipped to a destination outside the European Union. These fees are not included in our shipping costs. Our goods are delivered duty unpaid. This means that we are responsible for the transport costs on delivery of the goods, but not for the payment of any customs and import charges relating to your ordered goods that are levied at the destination. You are responsible for paying all such charges directly to the relevant authorities.
4.5 Promotional prices and special offers are only valid for the specified period or while stocks last. We reserve the right to limit or cancel special offers or discounts at any time.
5. Payment
5.1 The purchase price is due at the latest upon delivery of the goods without deduction. We generally accept credit card and PayPal as payment methods. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods
Credit card: We accept VISA and MasterCard credit cards. Payment is processed by an external payment service provider (PAYONE GmbH, Lyonerstraße 9, 60528 Frankfurt am Main, Germany). Following the order process, you will be redirected to the credit card provider's website to complete your payment. Your credit card account will be debited upon receipt of the order. You can obtain more information about the authentication procedure from your credit institution.
PayPal: If you select the payment method PayPal, a service of PayPal (Europe) Sàrl et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, you will be automatically redirected to the PayPal page at the end of the order process. There you can register and follow the PayPal payment instructions. The PayPal account will be debited directly with the corresponding purchase amount after completion of the order. Further information can be found at www.paypal.com.
6. Delivery and Click & Collect
6.1 We deliver the ordered goods at our discretion by post or via a logistics service provider (e.g. GLS, DHL or UPS) to the delivery address specified by you. Unless otherwise agreed, delivery will be made to the address specified by you (delivery address) during normal business hours.
6.2 We deliver within Austria, the European Union (EU) and the European Economic Area (EEA).
6.3 Any shipping costs incurred are listed "in the shopping basket" and are shown separately on the invoice.
6.4 Click & Collect: If the goods are delivered to a Skinfit shop, you will receive a pick-up confirmation by e-mail as soon as your order is ready for collection in the shop. You will receive the goods on presentation of the collection confirmation and a valid official photo ID (e.g. driving licence). The goods will be available in the shop for 14 days from dispatch of the collection confirmation. After this time, we will withdraw from the purchase contract and your claim to delivery of the goods will expire. The purchase price will be refunded in the same way as the payment.
6.5 The delivery period for goods in stock is up to 3 working days from receipt of the order, depending on the selected shipping method and shipping location. For goods not in stock, the delivery time is up to 3 weeks.
6.6 When goods are dispatched in consumer transactions, the risk of loss or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier designated by the consumer. If the consumer has concluded the contract of carriage himself without making use of an option proposed by us, the risk shall pass to the carrier as soon as the goods are handed over to the carrier. In the case of commercial transactions (B2B), our goods are deemed to be sold "ex works" (works = Skinfit Koblach) in the absence of an express written agreement to the contrary with regard to the transfer of risk.
6.7 We ask you to inform the transport company immediately of any obvious damage to the packaging and to confirm acceptance of the consignment exclusively "subject to reservation". Please inform us immediately of any damage to the goods.
7. Reservation of title
The goods remain the property of Skinfit until the purchase price has been paid in
8. Right of cancellation for consumers
As a consumer, i.e. as a natural person who places the order for a purpose that can predominantly be attributed neither to a commercial nor a self-employed activity, you have a right of cancellation. You will find a sample cancellation form in the appendix to these GTC.
*** CANCELLATION POLICY ***
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To execute your right of cancellation, you must inform the by means of a clear statement (e.g. a letter sent by post or email) of your decision to cancel this contract to the following address. You can use the sample form for this purpose.
Skinfit International GmbH
Hinterfeld 1
6842 Koblach, Austria
+43 5523 52425
[email protected]
To meet the cancellation deadline, it’s sufficient for you to send your notification of executing your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion of the right of cancellation
If you are an entrepreneur, cancellation is completely excluded. Furthermore, as a consumer you have no right of cancellation (in accordance with § 18 FAGG), in particular for contracts concerning
- Goods that are manufactured according to customer specifications or are clearly customised to your personal needs, or
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
***End of CANCELLATION POLICY***
9. Processing of returns and refunds
9.1 The goods must be packed securely and carefully before being returned. Please use the original packaging if possible. If an item cannot be packed appropriately, please contact us so that we can arrange collection.
Please send the articles exclusively to the following address:
Skinfit International GmbH
Hinterfeld 1
6842 Koblach, Austria
9.2 In the event of a return, please use the cancellation form and address label enclosed with the delivery.
9.3 The goods returned by you, including their packaging, should - as far as possible - be in unused condition.
10. Product images and copyright
10.1 All product images on this website and our webshop are for illustrative purposes only and are intended to give you a general idea of the goods. Although we do our best to reproduce the colours accurately, we cannot guarantee that the colour representation of your device will accurately reflect the colour of the product. The delivered product may therefore differ slightly from these images.
10.2 All photos, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.
11. Warranty and guarantee
11.1 The statutory warranty regulations shall apply. The warranty is governed by the statutory provisions. It shall be limited to the statutory period of 24 months from acceptance of the goods by the customer or, in the case of services, from completion of the service. In the event of justified complaints about defects, either a replacement or improvement will be made free of charge, for which a reasonable period of time must be granted. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), you are entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission).
11.2 Defects that occur must be reported as soon as possible upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible by a consumer has no influence on the consumer's warranty claims. If the purchase is a commercial transaction for the customer (B2B), the customer must inspect the goods within 1 week of receipt at the latest and notify us immediately in writing if a defect is found; otherwise the goods shall be deemed to have been approved.
11.3 There shall be no warranty claim for defects caused by you, including but not limited to the following:
- damage as a result of third-party intervention
- improper handling
- mechanical damage
- incorrect operation or unauthorised repair attempts by the customer (owner) or a third party
11.4 The utilisation of the guarantee does not affect the statutory warranty.
12. Liability
Skinfit is only liable for damages caused by intent and gross negligence. This does not apply to damages resulting from injury to life, limb or health. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
13. Data protection
The protection of your privacy is important to us. It is necessary to collect and store personal data when you use our website and webshop and to process your order. In our privacy policy, available at www.skinfit.eu/en_en/privacy-policy, you can read which personal data we collect from you and how and for what purposes it is processed.
14. Online dispute resolution
As a consumer, you have the opportunity to resolve disputes in connection with the purchase of our goods online. You can find further information on this on the website www.ombudsstelle.at. The platform www.ec.europa.eu/consumers/odr can also be used. We undertake to participate in the dispute resolution procedure of the Internet Ombudsman's Office in the event of disputes.
Our e-mail address: [email protected]
15. Final provisions
15.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
15.2 The exclusive place of jurisdiction for any disputes arising from these terms and conditions shall be our registered office, provided that the customer is an entrepreneur within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG). We shall also be entitled to take legal action at the customer's general place of jurisdiction. This jurisdiction agreement does not affect the validity of the mandatory applicable laws according to the law of the country in which you as a consumer have your domicile or habitual residence.
15.3 The place of fulfilment for business transactions for all services is our registered office.
15.4 We reserve the right to make changes to the website, rules and conditions, including these GTC, at any time. We will only make these changes for good cause, in particular due to changes in the law, legal requirements or other important reasons. The current GTC at the time of the order apply to each purchase.
15.5 Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by mutual agreement between the contracting parties by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of regulatory gaps.
16. Other
16.1 Recourse claims within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.
16.2 The contractual partner waives the possibility of offsetting. However, this shall not apply to consumers.
Skinfit International GmbH
Hinterfeld 1
6842 Koblach | Austria
+43 5523 52425
[email protected]
Status: 10.2022