General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) govern the sale of products by SC Cosmetics Handels GmbH, represented by: Helga Langreiter, Baumgarten 206, 6320 Angerberg, Austria, Landesgericht Innsbruck, FN 356056 m, Phone: +43 5332 56671, email: info@dermasr.com, hereinafter referred to as “Provider”, via the online store at “https://www.dermasr.com/”. These GTC come into force on Feb. 21, 2025 and replace all GTC of SC Cosmetics Handels GmbH valid up to this date.
§ 1 SCOPE OF APPLICATION
1. These GTC apply to all contracts concluded between the provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online store at “https://www.dermasr.com/”.
2. Deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.
3. The scope of the products offered includes: Cosmetic products, hygiene products, products for apparative cosmetic treatments.
§ 2 CONCLUSION OF CONTRACT
1. The contract is concluded with the provider: SC Cosmetics Handels GmbH, Baumgarten 206, 6320 Angerberg, Austria.
2 The language of the contract and negotiations is German.
3. The offers are aimed at customers worldwide.
4. The customer must be at least 18 years old.
5. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. The customer places a binding order by going through the order process and clicking on the “Order with obligation to pay” button at the end. Receipt of the order is confirmed by an automatic e-mail, but this does not constitute acceptance of the order. The purchase contract is only concluded by an express confirmation of acceptance by e-mail or by the dispatch of the goods.
6. Orders that exceed customary household quantities require the express consent of the provider. This applies both to the number of products ordered within one order and to the placing of several orders for the same product.
7. The order data shall be saved after conclusion of the contract and can be viewed in the customer login.
8. The customer agrees to receive invoices exclusively electronically. Electronic invoices are made available by email or in the customer account.
9. Third-party property rights must be observed when using the delivered goods.
10. Printing deviations and technical changes are possible.
§ 3 RIGHT OF WITHDRAWAL
1. Withdrawal policy for private customers
The customer has the right to withdraw from the contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last goods.
To exercise the right of withdrawal, the customer must inform the supplier, SC Cosmetics Handels GmbH, Baumgarten 206, 6320 Angerberg, Austria, of their decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or email). The customer can use the attached sample withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of withdrawal
If the customer withdraws from the contract, the provider shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by the provider), immediately and at the latest within fourteen days from the day on which the provider receives notification of the revocation of this contract. For this repayment, the provider can offer the options via PayPal or bank transfer and requires the corresponding data of the customer. Under no circumstances will the customer be charged any fees for this repayment. The provider may refuse to make the repayment until it has received the goods back or until the customer has provided proof that it has returned the goods, whichever is the earlier. However, rejected goods may only be returned with the express consent of the provider.
The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which he informs the provider of the revocation of this contract. The deadline shall be deemed to have been met if the customer sends the goods before the expiry of the fourteen-day period.
The customer shall bear the costs of returning the goods. The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
If the customer wishes to withdraw from the contract, they can complete and return this form:
SC Cosmetics Handels GmbH, Baumgarten 206, 6320 Angerberg, Ausria
I/we hereby revoke the contract concluded by me/us for:
- The purchase of the following goods/services:
- Ordered on/received on:
- Name of the consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s) (only for notification on paper):
3. Right of withdrawal for business customers
Business customers (within the meaning of Section 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be canceled in accordance with the statutory provisions or in accordance with the contractually agreed conditions.
§ 4 EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiry date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that have been inseparably mixed with other goods after delivery due to their nature. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs or cosmetic products, are also excluded from the right of withdrawal.
§ 5 PRICES AND SHIPPING COSTS
1. All prices quoted are in euros and are exclusive of VAT for business customers in the login area and inclusive of VAT for private customers in the open area of the online store.
2. The prices quoted are exclusive of the respective shipping costs, listed on “https://www.dermasr.com/” under “Shipping”.
3. It may happen that products in the online store are inadvertently labeled with an incorrect price. In such a case, the provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask them whether they wish to purchase the product at the correct price or withdraw from the contract for the quantity not yet purchased within 8 days of notification of the price increase. If the correct price of a product is lower than the stated price, the supplier will charge the lower amount and send the product.
4. The prices stated at the time of the order shall apply. If list prices are available, the list prices at the time of the order shall apply. For shipments to EU countries, no VAT will be charged only if a valid VAT identification number is provided with the order.
5. In order to place an order, the customer must register and create a customer account.
§ 6 CUSTOMS
1. Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied once the package reaches its destination. These additional charges must be borne by the customer; the supplier has no influence on these charges. As customs regulations vary from country to country, the customer should contact their local customs office for further information.
2. For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The Supplier points out that cross-border deliveries may be subject to opening and inspection by customs authorities.
§ 7 TERMS OF PAYMENT
1. Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online store.
2. By registering, providing the data required for the payment method and using the chargeable service, the user authorizes the provider to collect the corresponding amount.
3. A fee-based service shall be automatically extended by the respective period booked (subscription) unless notice of termination is given in due time by telephone, email or written letter.
4. The user must ensure that the information provided when registering and using the service is correct and complete.
5. Prepayment: The full invoice amount must be transferred to the specified account within 7 calendar days of receipt of the order. Shipment will be made after receipt of payment.
6. PayPal: After completing the order, the customer will be redirected to PayPal, where he can initiate the payment. The goods will be dispatched after confirmation of receipt of payment.
7. The customer enters their Maestro card details during the order process. The amount will be debited after the goods have been dispatched.
8. Credit card: The customer enters their credit card details during the order process. The amount will be debited after the goods have been dispatched.
9. SEPA direct debit: The customer gives the provider a SEPA basic mandate. Advance notice of the direct debit is given before the account is debited. The invoice amount is collected after the goods have been dispatched. In the event of a failed direct debit, all additional charges shall be charged to the customer.
10. Cash on delivery: The customer pays the invoice amount directly to the deliverer upon delivery of the goods (only in Austria and Germany).
11. Klarna: The customer can pay on account or installment purchase via Klarna. The terms of payment are specified by Klarna.
12. Gift card: The customer can pay the invoice amount with a valid gift card from the provider. Shipment will be made after confirmation of payment.
13. Apple Pay: The customer enters their Apple Pay details during the order process and confirms the payment via Apple Pay. The amount is debited after the goods have been dispatched.
14. When the goods are dispatched, the invoice is sent by email or, if no email address is stored, by post to the specified billing address.
15. If the customer is in default of payment or a return debit note is made, the provider is entitled to withdraw from the purchase contract and to claim and charge default interest in the amount of 10% p.a., as well as € 6.00 reminder fees and any fees incurred (bank charges).
16. Payment by sending cash or checks is not possible.
§ 8 RETENTION OF TITLE
1. The delivered goods shall remain the property of the Provider until the purchase price has been paid in full.
2. The customer is obliged to treat the goods with care during the retention of title and in particular to comply with all storage conditions during this time.
3. The customer must notify the provider immediately in writing if the goods are seized or otherwise exposed to third-party intervention, so that the provider can bring an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse the Provider for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the Customer shall be liable for the loss incurred by the Provider.
§ 9 DELIVERY, CANCELLATION AND SHIPPING
1. The expected delivery time is specified in the offer depending on the recipient country and can be found in the information under “Shipping & Returns” on “https://www.dermasr.com/”. The provider endeavors to adhere to the stated delivery times. If delivery times cannot be met, the customer will be informed immediately. Delay in delivery shall only be deemed to have occurred after a reasonable grace period has been set.
2. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Information on the availability of the products can be found on the provider's website. All information on availability, shipping or delivery times is non-binding, unless it is expressly marked as binding.
3. Should it be determined during the processing of the order that the ordered products are not available, the customer will be informed immediately by e-mail or message in the customer account. The customer's statutory claims shall remain unaffected.
4. Delivery shall be made depending on the customer's chosen payment method. In the case of advance payment, delivery shall be made after receipt of payment. For all other payment methods, delivery shall take place after conclusion of the contract.
5. If the order is shipped in several packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the products listed in the respective shipping confirmation is concluded for each shipping confirmation.
6. The customer can cancel his order free of charge until the goods are shipped. After shipment, cancellation is only possible in accordance with the regulations on the right of withdrawal. There is no right to cancel for certain product types and services, in particular for digital content or software that is not provided on a physical medium (e.g. CD or DVD) as soon as the download or use (whichever occurs first) has started or products with a broken seal.
7. Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs shall only be incurred if expressly agreed.
8. Should the delivery of the goods fail due to the fault of the customer, the provider reserves the right to withdraw from the contract and retain the shipping costs. Payments already made will be credited to the customer's account.
9. If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier does not fulfill its contractual obligations, the provider is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.
10. For orders of digital products that are provided by download, the customer shall receive a link to download the purchased digital content after receipt of payment. The right of withdrawal expires as soon as the customer has started the download and has expressly agreed that the execution of the contract will begin before the expiry of the withdrawal period.
11. Should the delivery of the ordered products be delayed or become impossible due to force majeure or other unforeseeable, extraordinary circumstances for which the Provider is not responsible - such as natural disasters, war, strikes or official measures - the delivery periods shall be extended accordingly. The supplier shall inform the customer immediately of the non-availability. In such cases, the provider is entitled to withdraw from the contract. The Customer shall be informed of the withdrawal without delay and any payments already made shall be refunded.
12. The Provider shall not be liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer shall be informed immediately and a new delivery date shall be agreed.
§ 10 TRANSPORT DAMAGES
1. If you receive the goods with obvious transport damage, please complain about such defects immediately in writing to the deliverer and contact us immediately.
2 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier.
3. Loading and shipping to business customers are carried out uninsured at the recipient's own risk.
§ 11 WARRANTY
1. Warranty for private customers If the customer is a consumer, the warranty shall be governed by the statutory provisions. Consumers in the EU have a statutory warranty right of two years from delivery of the goods in addition to their 30-day return guarantee.
2. Used goods The warranty period for used goods may be shorter than two years.
3. Warranty for business customers If the customer is not a consumer, a defect shall be remedied by new delivery or rectification. The supplier can choose whether the supplementary performance is to be carried out by remedying the defect or by delivering a defect-free item. The limitation period for business customers is one year. This limitation shall not apply to claims for damages based on injury to life, limb or health, as well as in cases of intent, self-inflicted damage or gross negligence.
4. All information on the suitability, processing and application of our dermaneedling products, technical advice and other information is provided to the best of our knowledge, but does not release the buyer from carrying out their own tests and trials. The Buyer shall inspect the delivered goods immediately upon receipt for defects in quality and intended use, including by means of a trial processing, insofar as this is reasonable, otherwise the goods shall be deemed to have been approved. Complaints shall only be considered if they are made in writing and accompanied by supporting documents within eight days of receipt of the goods, in the case of hidden defects after their discovery, but no later than six months after receipt of the goods.
§ 12 LIABILITY (FOR PRIVATE CUSTOMERS)
This liability clause applies exclusively to private customers (within the meaning of § 13 BGB).
1. If the customer is a consumer, liability shall be governed by the statutory provisions.
2. The liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, limb and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the Provider shall be liable for any degree of fault.
3. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the liability of the provider shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
4. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the provider.
5. The provider assumes no responsibility for the content and accuracy of the information in the customer's registration and profile data or other content generated by the customer.
6. Claims for damages are limited to the foreseeable damage typical for the contract and to the invoice value of our quantity of goods directly involved in the event causing the damage. In the event of default, the maximum liability shall be 5% of the order value.
7. Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).
8. The provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part if necessary.
9. Liability under the Product Liability Act remains unaffected.
§ 13 LIABILITY (FOR BUSINESS CUSTOMERS)
This liability clause applies exclusively to business customers (within the meaning of Section 14 BGB).
1. the liability of the provider for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability shall not apply in the event of injury to life, limb and health of the customer, in the event of claims due to the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with § 286 BGB. In this respect, the Provider shall be liable for any degree of fault.
2. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the liability of the provider shall be limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
3. The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by the legal representatives or vicarious agents of the provider.
4. The provider assumes no responsibility for the content and accuracy of the information in the customer's registration and profile data or other content generated by the customer.
5. Claims for damages are limited to the foreseeable damage typical for the contract and to the invoice value of our quantity of goods directly involved in the event causing the damage. In the event of default, the maximum liability shall be 5% of the order value.
6. Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after one year. The limitation period shall commence at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).
7. The provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and legal provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part if necessary.
8. Liability under the Product Liability Act shall remain unaffected.
§ 14 DATA PROTECTION
1. The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The provider undertakes to treat the customer's data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.
2. The customer has the right to receive information free of charge at any time about the data stored about them and to request its correction, deletion or restriction of processing.
3. Further information on data protection can be found in the provider's privacy policy.
§ 15 OFFSETTING AND RIGHT OF WITHDRAWAL
1. The customer shall only be entitled to offset if his counterclaim has been legally established or is undisputed by the provider.
2. The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 16 SPECIAL FEATURES FOR DIGITAL PRODUCTS AND SERVICES
1. Digital products are generally made available to the customer by download or by e-mail. The customer receives the corresponding access data or download links after receipt of payment.
2. The statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. rectification of the defect or delivery of a defect-free product.
3. The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider assumes no liability for disruptions or damage attributable to a lack of technical requirements on the part of the Customer.
4. For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) shall apply.
5. The customer undertakes to provide all necessary cooperation in a timely and complete manner within the scope of the use of services. If the customer fails to comply with this obligation, the provider may invoice the additional expenses incurred as a result.
§ 17 RIGHTS OF USE IN THE CASE OF DIGITAL CONTENT
1. With the purchase of a digital product, the customer receives a simple, non-transferable right to use the purchased content for an unlimited period of time, unless otherwise agreed.
2. The customer is not entitled to reproduce, distribute or make the digital content publicly accessible, unless this is expressly permitted by contract.
3. All copyrights shall remain with the Provider or the respective rights holder.
§ 18 USER ACCOUNT
1. The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep his access data (user name and password) safe and protect it from access by third parties. The Provider shall not be liable for damages resulting from the misuse of access data, provided that the Provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of user accounts.
2. The customer is obliged to update changes to their personal data, in particular contact and payment data, immediately in the user account. The customer is responsible for all activities carried out under his user account, unless he is not responsible for the misuse of his account.
3. The provider reserves the right to block or delete the user account if there are indications of misuse, the customer violates these GTC or the customer has provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider shall delete the user account and all associated data immediately, provided that there are no statutory retention obligations to the contrary. After deletion of the user account, the customer can only create a new user account by registering again.
4. The Provider shall endeavor to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The provider shall not be liable for any damage caused by temporary unavailability of the user account, unless the provider is responsible for the unavailability.
5. The Provider reserves the right to change, expand or restrict the functions and content of the user account at any time. The customer will be notified of changes to this clause by e-mail at least four weeks before they come into effect. If the customer does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed to have been accepted. The Provider shall inform the Customer of this legal consequence separately in the notification of change.
§ 19 AMENDMENTS TO THE TERMS AND CONDITIONS
1. The Provider reserves the right to amend these GTC at any time with effect for the future.
2. The customer shall be notified of the changes by email at least four weeks before they come into force.
3. If the customer does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed accepted. The Provider shall inform the Customer of this legal consequence separately in the notification of change.
§ 20 FORCE MAJEURE
1. Events of force majeure, which make delivery significantly more difficult or impossible for the provider, entitle the provider to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
2. Force majeure includes all events that are beyond the control of the provider and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the provider.
§ 21 CONTRACT TRANSFER
1. The Provider shall be entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
2. In this case, the Customer shall have the right to terminate the contract with immediate effect.
§ 22 TRAININGS AND COURSES
1. Registration for our training courses, courses, trainings and workshops is binding after online registration or receipt of the order confirmation from SC Cosmetics Handels GmbH. The course fee is due 30 days before the start of the course. Cancellation of course participation must be made in writing. In this case, the following cancellation costs will be charged:
- Up to 30 days before the start of the course 30% of the total costs
- Up to 15 days before the start of the course 50% of the total costs
- Up to 7 days before the start of the course 80% of the total costs
- Less than 7 days before the start of the course 100% of the total costs
2. SC Cosmetics Handels GmbH reserves the right to cancel or postpone a planned or ongoing course for organizational or other reasons. Any additional costs arising from the cancellation (e.g. hotel, travel costs, etc.) will not be reimbursed.
§ 23 APPLICABLE LAW AND JURISDICTION
1. The law of the Republic of Austria shall apply to all legal relationships between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider.
§ 24 ONLINE CONTRIBUTION AND PARTICIPATION IN AN ARBITRATION PROCEDURE
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the provider will always endeavor to settle any disagreements arising from a contract amicably.
§ 25 FINAL PROVISIONS
1. Contract language is German.
2. The provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the assistance of a parent or legal guardian.
3. Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
4. Amendments or additions to these GTC must be made in writing. This also applies to the waiver of this written form requirement.
5. The provider reserves the right to make changes to the website, rules, conditions including these terms and conditions at any time. Your order shall be subject to the terms and conditions of sale, contractual terms and conditions and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or official order (in which case they shall also apply to orders that you have previously placed).
6. Verbal collateral agreements do not exist. Amendments or additions to this agreement must be made in writing.