General Terms and Conditions (GTC)
General principles and scope of application
(1) These General Terms and Conditions (hereinafter “GTCs”) apply to all business relationships between DSS Life & Beauty GmbH and the customer conducted via the www.drsabineschwarz.com website.
(2) Both consumers and companies are considered as customers. For the purposes of these GTCs, consumers are natural persons who act for purposes that are outside their commercial, business, trade, or professional activities. All other customers are companies.
Formation of the contract
(3) The customer can select the products of DSS Life & Beauty GmbH via the www.drsabineschwarz.com website and place them in a so-called shopping cart by clicking the button “Add to cart”. The customer has to fill in all fields of the order form necessary for the processing of the purchase or can process the order via his or her personal customer account protected by a password.
By clicking on the “Send order” button the customer agrees to the terms and conditions of DSS Life & Beauty GmbH and submits the order request to DSS Life & Beauty GmbH. By clicking on the “Send order” button, the customer also agrees to the payable order of his or her order request.
(4) After the customer’s order request has been received by DSS Lift & Beauty GmbH, the customer will receive an automatic confirmation of receipt that summarises the customer’s order request. The automatic acknowledgement of receipt is also the confirmation of the order. It contains information about the order, the delivery address indicated by the customer and the payment method selected by the customer.
(5) The contract containing the customer’s order details (i.e. type, quantity as well as date and time of purchase) is stored by DSS Life & Beauty GmbH and can be viewed by the customer in his or her personal customer account under “Orders” after the confirmation of receipt has been sent by DSS Life & Beauty GmbH, provided that the customer has created a customer account via the web store of www.drsabineschwarz.com before submitting an order.
(6) The contract is concluded in German.
(7) The customer is responsible for ensuring that the technical and actual requirements for visiting all websites of www.drsabineschwarz.com are met.
(8) The customer must ensure that the e-mail address he/she has provided for order processing is accurate so that he/she can receive the e-mails sent by DSS Lift & Beauty GmbH. If spam filters are used, the customer is responsible for ensuring that e-mails can be received from DSS Life & Beauty GmbH.
(9) For purchases of vouchers sent as PDF files by DSS Life & Beauty GmbH via e-mail, the customer must ensure that the technical and actual requirements for the receipt of the e-mails as well as the vouchers are in place. This includes the availability of suitable hardware and the downloading of the content that has been sent, as well as proper opening, administration, editing and delivery of the file(s).
(10) The prices listed in the application at the time of the order shall apply. The prices listed are gross prices, i.e. they include the applicable statutory value-added tax.
(11) The customer can choose from the following payment options: instant transfer, credit card or PayPal. DSS Life & Beauty GmbH only accepts payments from accounts within the European Union (hereinafter EU).
(12) If “instant transfer” is selected for payment, payment will be processed by the payment service provider Stripe (Stripe Legal), 510 Townsend Street, San Francisco, CA 94103, USA. It requires an activated online banking account in order to legitimise the payment transaction and confirm the payment instruction to “instant transfer”. Immediately after the payment transaction, the customer’s bank account will be debited. For more information, please visit www.stripe.com/AT/privacy.
(13) If a credit card is selected for payment, the invoice amount is due immediately. The payment is processed via the payment service provider Stripe (Stripe Legal), 510 Townsend Street, San Francisco, CA 94103, USA. Stripe collects the invoice amount from the customer’s indicated credit card account. Further information at www.stripe.com/AT/privacy.
(15) DSS Life & Beauty GmbH delivers its products to the following countries.
(16) The products are shipped to the delivery address specified by the customer during the ordering process. A subsequent change of the delivery address is no longer possible after the completion of the purchase by clicking on the button “Send order”. Self-collection of the goods ordered is not possible for logistical reasons.
(17) The shipping costs are listed here. The shipping costs consist of the costs for packaging and transport. For orders from Austria, Germany and Switzerland from € 100,00 DSS Life & Beauty GmbH takes over the shipping costs for the customer, for all other countries from € 250,00.
(18) If an order contains more than three products, DSS Life & Beauty GmbH is entitled to send them out as partial deliveries if this is necessary for technical or logistical reasons.
(19) With the date of the order confirmation of DSS Life & Beauty GmbH to the customer, the delivery is commissioned within 2 to 5 working days by DSS Life & Beauty GmbH. For orders paid by instant bank transfer, the delivery time may be delayed by an additional 1 to 3 business days.
(20) If the goods are sent to the customer, the risk of loss or damage to the goods shall not pass to the customer until the goods have been delivered to the customer. However, if the customer has commissioned a carrier and this is not a proposal of DSS Life & Beauty GmbH, the risk shall pass to the customer upon delivery to the carrier.
(21) The customer has the right to revoke his or her purchase contract with DSS Life & Beauty GmbH within 14 days without giving a reason. The deadline is met if the customer sends the goods and a clear declaration to DSS Life & Beauty GmbH before the expiration of this period. The date of the postmark shall be of the essence.
(22) In the case of sales contracts, the cancellation period begins on the day on which the customer obtained possession of the goods. If the customer has ordered several goods at the same time, which are delivered separately, the cancellation period begins on the day on which the consumer obtains possession of the last goods delivered. If goods are delivered in several partial shipments, the cancellation period begins on the day on which the consumer obtains possession of the last partial shipment.
(23) In order to exercise one’s right of cancellation, the customer shalle notify
DSS Life & Beauty GmbH
Fax: +43 1 384300 10
by means of a clear statement about the decision to revoke the concluded purchase contract. The cancellation has to be made by stating the name, address, e-mail address of the customer and the order number stated in the order confirmation by means of an unequivocal statement in the form of a letter via postal delivery, fax or e-mail.
The customer may also use the sample cancellation form provided by DSS Life & Beauty GmbH for said cancellation (download: Cancellation Form (29 KB)), which, however, is not obligatory.
(24) The customer bears the cost of returning the goods for all orders.
(25) If the customer revokes his or her purchase contract, DSS Life & Beauty GmbH will reimburse the customer for all payments of this order that it has received from the customer, including delivery costs, if the order is for a total amount of up to EUR 99.99, without delay and no later than 14 days from the day on which DSS Life & Beauty GmbH received notification of the customer’s cancellation of his or her contract.
For this repayment, DSS Life & Beauty GmbH shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will DSS Life & Beauty GmbH charge any fees due on this repayment.
Repayment in the form of vouchers is only possible if the customer has paid with vouchers or if this has been expressly agreed.
(26) Contracts for goods that are excluded from the right of cancellation:
> goods that can spoil quickly or whose expiry date would be quickly exceeded,
> goods that have been inseparably mixed with other goods after delivery due to their nature, and/or
> goods that are sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(27) The Customer shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
(28) General statutory provisions shall apply.
(29) The warranty shall be excluded in the event of defects caused by the customer, in particular in the event of improper handling, incorrect operation, or unauthorised repair attempts.
(30) The customer is required to inform DSS Life & Beauty GmbH immediately about deliveries with obvious transport damage and to complain about the transport damage to the deliverer. Failure by the customer to provide this information and make a complaint shall have no effect on the customer’s statutory or contractual warranty claims.
(31) General statutory provisions shall apply.
(32) Claims for damages by the customer against DSS Life & Beauty GmbH are excluded unless DSS Life & Beauty GmbH has acted with intent or gross negligence.
(33) The claim for damages arising from product liability shall become time-barred after three years from the date on which the customer notified DSS Life & Beauty GmbH of the damage.
Retention of title
(34) The goods remain the property of DSS Life & Beauty GmbH until full payment has been received.
Vouchers and credit
(35) The customer may purchase vouchers via www.drsabineschwarz.com. These can only be redeemed for purchases in the online store of www.drsabineschwarz.com.
(36) Cash redemption of vouchers is excluded.
(37) Vouchers and credits can only be redeemed before the purchase is completed.
(38) Vouchers cannot be used with promotional codes and discounts.
As of March 2019