Terms and Conditions
General Terms and Conditions
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession.
The following applies to entrepreneurs: if the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Dr. Berndsen GmbH.
By placing products in the online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a further confirmation by e-mail.
3. Contract language, storage of the contract text
Language(s) available for concluding the contract: German, English
We store the contract text and send you the order details and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery conditions
Shipping costs may be charged in addition to the stated product prices. Further details on any shipping costs can be found in the offers.
You generally have the option of collecting your order from Dr. Berndsen GmbH, Südring 17, 59423, Unna during the following business hours: 9 a.m. – 3 p.m.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you select payment in advance, we will provide our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. Further information will be provided during the ordering process.
PayPal may offer further payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these methods; any other individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. Further information will be provided with the respective payment option and during the ordering process.
PayPal
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.
PayPal may offer further payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these methods; any other individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal is subject to an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called pre-notification). Your account will be debited before the goods are dispatched.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after the order has been placed. Further information will be provided during the ordering process.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out within one bank business day after the order has been placed. A bank business day is any working day with the exception of Saturdays, nationwide public holidays in Germany and 24 and 31 December of each year. Further information will be provided during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna is subject to a successful address and credit check and is made directly to Klarna. Further information will be provided with the respective payment option and during the ordering process.
Purchase on invoice via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called pre-notification). Your account will be debited after the goods have been dispatched.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods and is payable by bank transfer to the bank account stated on the invoice. We reserve the right to offer purchase on invoice only after a successful credit check.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. No voluntary right of withdrawal is granted to entrepreneurs.
Returns
Physical products
Returns are accepted within 14 days. The customer is responsible for the return shipment.
The FaceFormer is a medical device for use in the mouth and, for reasons of health protection and hygiene, is delivered shrink-wrapped and sealed. Pursuant to § 312g Abs. 2 Nr. 3 BGB (Section 312g(2) No. 3 of the German Civil Code), the right of withdrawal does not apply if the seal has been removed after delivery. As long as the seal is intact, you may withdraw from the purchase of the item like any other item.
Digital content. For digital content, such as webinar recordings, the statutory right of withdrawal of fourteen days applies. It expires prematurely if you have expressly agreed that we begin performance before the end of the withdrawal period and you have at the same time confirmed that you lose your right of withdrawal once performance begins.
Online coaching, webinars and seminars. In this case, the right of withdrawal expires once we have fully performed the service and you have expressly agreed before the start that we may begin before the end of the withdrawal period, and you have confirmed that you lose your right of withdrawal upon full performance. If we have only partially performed the service, you owe a pro rata amount for the part already performed.
Seminar cancellation
Irrespective of your statutory right of withdrawal, we grant you the following cancellation option: you may cancel up to two months before the start of the seminar for a processing fee of €50. After that, we retain the seminar fee. The reason for this is that at this point we have to make binding bookings for room allocations and catering at the seminar hotel; these costs are incurred regardless of whether you attend.
In both cases, you are entitled to prove that we have suffered no loss or a significantly lower loss; the amount retained will then be reduced accordingly. Rebooking to a later date is possible subject to availability.
Your statutory right of withdrawal remains unaffected by this. If you withdraw within the withdrawal period, you will not incur any costs.
7. Retention of title
The goods remain our property until full payment has been made.
The following additionally applies to entrepreneurs: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title 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 fail to meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: if goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurer.
The following applies to entrepreneurs: the risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
The statutory liability for defects applies.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.
Customer service: +49 02303 89991
10. Liability
For claims based on damage 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 an intentional or grossly negligent breach of duty,
- in the event of guarantee promises, if agreed, or
- insofar as the scope of application of the Produkthaftungsgesetz (German Product Liability Act) applies.
In the event of a slightly negligent breach by us, our legal representatives or vicarious agents of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of conduct
We have subscribed to the following codes of conduct:
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the Handelsgesetzbuch (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 place of business.
GTC created with the Trusted Shops legal text generator
