GENERAL TERMS AND CONDITIONS
- SCOPE OF APPLICATION
For all contracts of Derma Secrets medical and trading GmbH with consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), which are made via our online shop, these general terms and conditions (AGB) are valid.
Non-members of the specialist group § 3 No. 17 MPG (laymen) must provide a private prescription for the ordered medical products without being asked and immediately. This can be done by e-mail to [email protected].
An entrepreneur is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of his commercial or independent professional activity.
These General Terms and Conditions shall also apply to future business relations without our having to refer to them again. If the Contractor uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
- CONTRACTING PARTY, CONCLUSION OF CONTRACT
The purchase contract is concluded with Derma Secrets medical and trading GmbH.Represented by managing director: Dr. Sami Kazkaz.
82256 Fürstenfeldbrück – Konrad-Adenauer-Straße. 10, Commercial Register: HRB 142694 Local Court Munich. You can reach our customer service for questions, complaints and objections under the telephone number 0049 – 1630 494873, by fax by e-mail under [email protected].
The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. All offers are valid “while stocks last”, unless otherwise stated with the products. Errors excepted. By clicking on the order button you place a binding order of the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending an acceptance declaration in a separate e-mail or by delivering the goods within 5 days.
The language available for the conclusion of the contract is English/German.The text of the contract is not stored by us.
- TERMS OF DELIVERY
We deliver by dispatch.
A self-collection of the goods is possible during business hours in our offices in the 82256 Fürstenfeldbrück – Konrad-Adenauer-Straße. 10.
We do not deliver to packing stations.
- PAYMENT METHODS
Please make sure to check your data again after forwarding to Amazon and confirm the payment.
- INSTANT Banking
With IMMEDIATELY transfer convenient and secure payment directly from your account.
Pay comfortably with Paypal and benefit from the PayPal buyer protection. A PayPal account is necessary for this
- By last name
Please transfer directly to our bank account. Please use the order number as reference. Your order will only be shipped after we have received the money in our account. Thank you for shopping with us.
- In collaboration with Klarna Bank AB (publ) Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is  days from dispatch of the goods/tickets/ or, in the case of other services, the provision of the service. The complete terms and conditions for the countries where this payment method is available can be found here: Germany , Finland , Great Britain , Netherlands , Norway , Austria , Sweden , Switzerland .
- Installment purchase: Klarna’s financing service allows you to pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. Payment in instalments is due at the end of each month after Klarna has sent a monthly invoice. Further information on instalment buying, including the General Terms and Conditions and the European Standard Consumer Credit Information for the countries where this payment method is available, can be found here (only available in the countries indicated): Denmark , Germany , Finland , Great Britain , Norway , Austria , Sweden .
- Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands Your account will be debited immediately after placing the order.
- Direct debit: The direct debit takes place after dispatch of the goods. The date will be communicated to you by e-mail.
- Credit card (Visa/Mastercard): Available in Germany. The debit is made after dispatch of the goods or tickets / availability of the service or in case of a subscription according to the communicated times.
- [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]
- RIGHT OF WITHDRAWAL
You can find the cancellation policy here
- RETENTION OF TITLE
The goods remain our property until full payment has been received.
We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
- TRANSPORT DAMAGE
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies among merchants. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
- WARRANTIES AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health
in the event of intentional or grossly negligent breach of duty as well as fraudulent
intent in the event of breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, insofar as this is agreed
to insofar as the scope of application of the Product Liability Act is opened up.
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the shop.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in the event of injury to life, body or health
in the event of intentional or grossly negligent breach of duty
in the case of guarantee promises, insofar as this has been agreed
to insofar as the scope of application of the Product Liability Act has been opened up
In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.
- DISPUTE SETTLEMENT
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are prepared to participate in out-of-court conciliation proceedings before a consumer arbitration board. The responsible body is the General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
- FINAL PROVISIONS
German law shall apply to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.