General terms and conditions with customer information
Table of contents
- scope
- conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- liability for defects
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Governing Law, Jurisdiction
1) Scope
1.1 These terms and conditions of Five Skincare GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can 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 email), 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 asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, by clicking the button that completes the ordering process, he also issues a payment order to his payment service provider. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that completes the order process.
2.5 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with the present General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Prices and terms of payment
3.1 The prices quoted by the seller include statutory value added tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
3.2 Various payment options are available to the customer, which are specified in the seller's online shop.
3.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
3.4 If the "PayPal" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:// www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH . This presupposes, among other things, that the customer opens a PayPal account or already has such an account.
4) Delivery and shipping conditions
4.1 Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over for dispatch or when they are handed over to the transport person commissioned.
4.4 Collection by the customer is not possible for logistical reasons.
5) Liability for Defects
The statutory liability for defects applies.
6) Redemption of promotional vouchers
6.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
6.2 Promotional vouchers can only be redeemed by consumers.
6.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
6.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
6.5 Only one promotional voucher can be redeemed per order.
6.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
6.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
6.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
6.9 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his contractual right of cancellation, if such a right has been agreed.
6.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
7) Redeeming Gift Certificates
7.1 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 in the voucher.
7.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
7.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
7.4 Only one gift voucher can be redeemed per order.
7.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
7.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
7.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
8) Governing Law, Place of Jurisdiction
8.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Movable Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
8.2 If the customer acts as an entrepreneur, the sole place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.