General terms and conditions of business
for the online shop at the URL
operated by
Marlena Agnieszka Grzesiak
Düppelstraße 40
24105 Kiel
Email: vitadermis@web.de
Telephone number: 043122101105
- hereinafter referred to as provider -
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop at the above URL, in the version valid at the time of the contract conclusion. These GTC apply exclusively. Any differing terms and conditions of the customer shall not become part of the contract unless expressly agreed to by the provider.
2. Conclusion of the contract
2.1 The offers in the online shop constitute a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 Goods are ordered via the supplier's online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the supplier accepts the customer's offer. Acceptance occurs when the supplier confirms the conclusion of the contract in writing or text form (e.g., by email) and this order confirmation is sent to the customer, or when the supplier delivers the ordered goods and these goods are sent to the customer, or when the supplier requests payment from the customer (e.g., invoice or credit card payment during the ordering process) and the payment request is sent to the customer; the decisive factor for the time of the conclusion of the contract is the point in time at which one of the alternatives mentioned in the first clause first occurs.
2.3 Before submitting a binding order via the provider's online order form, the customer can review their entries and correct them at any time using standard keyboard, mouse, touch, or other available input functions. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using standard keyboard, mouse, touch, or other available input functions.
2.4 The provider will store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g., by email). The provider will not make the contract text available in any other way. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for concluding the contract: German
.3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal for contracts concluded away from business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. Details can be found in the cancellation policy, which is provided to every consumer no later than immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of ordering apply. All prices include statutory VAT and exclude any shipping costs listed. The customer is informed about the available payment options in the provider's online shop.
4.2 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If payment via “PayPal” is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.
5. Retention of title
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6. Delivery and reservation of self-supply
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 If the supplier cannot deliver the ordered goods because, through no fault of their own, they themselves have not received delivery from their supplier, despite having concluded a congruent hedging transaction with a reliable supplier in a timely manner, the supplier is released from their obligation to perform and may withdraw from the contract. The supplier is obligated to inform the customer immediately of the impossibility of performance. Any payments already made by the customer will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnification
8.1 The provider is liable without limitation:
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are those obligations that the contract imposes on the provider according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.
8.3 Furthermore, the provider's liability, as well as the liability of its vicarious agents and legal representatives, is excluded.
8.4 The customer shall indemnify the provider against any claims by third parties – including the costs of legal defense in their statutory amount – which are asserted against the provider due to unlawful or contractually non-compliant actions of the customer.
9. Data protection
The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law deprives a consumer with habitual residence in the EU of mandatory legal provisions of the law of his or her country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the supplier's registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company can be found in the heading of these Terms and Conditions.
10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these terms and conditions.
