Conditions
§ 1. GENERAL
These General Terms and Conditions govern the relationship between Ovall Skincare GmbH (hereinafter referred to as “Ovall Skincare”) and users of the online shop Ovallskincare.de (hereinafter referred to as “Member”)
a) when using the website provided at www.ovallskincare.de (hereinafter referred to as “Website”) and
b) the sale of goods (hereinafter “Goods”) by Ovall Skincare GmbH via the Website.
Ovall Skincare is registered in Germany in the commercial register of the Munich District Court under registration number HRB 222372. The company's registered office is at Gallmayerstr. 12, 81669 Munich. The VAT identification number is DE 304379990.
In business relations with Ovall Skincare, these General Terms and Conditions and the other provisions expressly stated therein apply exclusively.
The current version of the General Terms and Conditions can be downloaded and printed at www.ovallskincare.de/pages/agb.
Ovall Skincare is entitled to change these General Terms and Conditions in accordance with Section 18.
Ovall Skincare requires that you read these Terms and Conditions before using the Website or ordering any Goods. If there are any parts of these Terms and Conditions that you do not understand, please contact Ovall Skincare hello@ovallskincare.de for clarification.
Please note that by using the website, in particular ordering a product, you agree to these Terms and Conditions. In the event that you do not agree to these Terms and Conditions, you are prohibited from using this website and in particular ordering goods.
§ 2 DATA PROTECTION
The protection of your privacy is very important to Ovall Skincare. When using ovallskincare.de it is necessary to store and process personal data.
§ 3 MEMBERSHIP
Ovall Skincare operates an online shop at www.ovallskincare.de.
Everyone has access to this online shop.
Only those who are fully legally competent are allowed to shop.
Creating an account is free of charge.
Visitors to the site are not obliged to order goods or recruit new members.
The member undertakes to use the website in accordance with these General Terms and Conditions. The access data must be kept secret. If you believe that your access data is being used by a third party, please inform us immediately and change your password.
§ 4 CONTRACT DURATION / TERMINATION
Membership is for an indefinite period.
The member is entitled to terminate the account at any time without giving reasons with immediate effect.
Ovall Skincare may terminate the account at any time without giving reasons and without notice.
The termination has no effect on orders already placed. Any withdrawal and cancellation rights of the member remain unaffected by the termination.
Should a member object to the General Terms and Conditions or parts thereof, his or her membership will automatically end upon receipt of the objection by Ovall Skincare.
§ 5 CONCLUSION OF CONTRACT
The presentation of the ordering option in the online shop does not constitute a binding sales offer from Ovall Skincare.
The member’s order is a binding offer according to § 145 BGB.
As a rule, immediately after the member submits an order (hereinafter referred to as the "purchase offer"), Ovall Skincare will send a confirmation of receipt to the member by email. For all possible payment methods, with the exception of the purchase on account payment method, the purchase is concluded when the member receives the confirmation. If the member has selected the purchase on account payment method, the purchase contract is only concluded when the shipping confirmation is received. In this case, the confirmation email following the order only documents that the order has been received by Ovall Skincare.
Ovall Skincare is not obliged to accept purchase offers from the member and can refuse acceptance at any time without giving reasons. In this case, Ovall Skincare will inform the member immediately of the non-acceptance of the offer by email.
If the price information on the website is incorrect, Ovall Skincare will immediately inform the member of this by email in accordance with Section 9 Paragraph 3 and will not carry out the purchase. If the member has already paid the purchase price, Ovall Skincare will refund the amount in full.
Goods are only sold in household quantities.
§ 6 CANCELLATION POLICY
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.
To exercise your right of withdrawal, you must
Ovall Skincare c/o Sabeder, Gallmayerstr. 12, 81669 Munich, Germany
Email: hello@ovallskincare.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
In case of cancellation, the shipping costs are to be borne by the buyer.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
SAMPLE CANCELLATION FORM
(If you want to cancel the contract, please fill out this form and send it back.)
At
Ovall Skincare c/o Sabeder, Gallmayerstr. 12, 81669 Munich, Germany
Email: hello@ovallskincare.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is on paper)
- Date
(*) Delete as appropriate.
§ 7 PROCESSING OF RETURNS
The goods must be packaged safely and carefully before being returned. If a product cannot be packaged appropriately, please contact us so that we can arrange for it to be collected.
Send the articles to:
Ovall Skincare GmbH
c/o Sabeder
Gallmayerstr. 12
81669 Munich
§ 8 PRICES AND SHIPPING COSTS
The prices quoted by Ovall Skincare include VAT and shipping costs.
The final price including shipping costs is stated with each order.
We make every effort to ensure that the prices quoted reflect the correct purchase price at the time they are entered on the website. However, our website contains a large number of different goods, so that despite all care, it may happen that some goods are priced incorrectly. If we discover a pricing error in an ordered product, we will inform the member and give them the option of purchasing the product at the correct price or canceling the order. Ovall Skincare will not carry out the process until instructed by the member. In the event that contact cannot be made within a reasonable time, Ovall Skincare will cancel the order.
§ 9 PAYMENT
The purchase price can be paid by credit card, PayPal or by debiting vouchers. Ovall Skincare accepts credit cards from VISA, MasterCard and American Express. The member is liable for any additional costs that arise due to his fault when using the chosen payment method, for example due to chargebacks.
In case of payment by credit card, the purchase price will be debited by Ovall Skincare after receipt of the order.
In the case of payment by SEPA direct debit, the payment will be debited on the next banking day after receipt of the order at the earliest. A banking day can also be a public holiday under certain circumstances. The advance notice period for a SEPA direct debit is one day and occurs with the order confirmation. Ovall Skincare must be informed immediately if the account holder cancels the SEPA mandate before the debit. Costs arising in connection with invalid mandates caused by the member or account holder must be borne by the member and the account holder.
In case of payment using Ovallskincare vouchers, the following conditions apply:
Purchased vouchers can be redeemed until the end of the third year after the date of purchase;
Vouchers cannot be redeemed for cash;
If an order is returned using a purchased voucher, the member will receive a return voucher in the corresponding amount;
A maximum of one voucher can be redeemed per order;
§ 10 DELIVERY
Delivery is worldwide.
Ovall Skincare generally ships its goods via Deutsche Post. The delivery time is a maximum of five days after receipt of the order within Germany.
For delivery, a delivery address must be specified to which the goods can be delivered during normal business hours. The delivery process is complete as soon as the goods are delivered to the specified address.
§ 11 WARRANTY
The statutory warranty rights apply, with the exception of claims for damages and reimbursement of expenses. Restrictions on this are regulated in detail in Section 14.
If Ovall Skincare grants special guarantees, the statutory warranty rights remain unaffected.
Ovall Skincare does not guarantee that the website will be uninterrupted, secure or error-free at all times.
§ 12 PRODUCTS ON THE WEBSITE
The product images on the website are for illustrative purposes only. Although we do our best to display the colours accurately, we cannot guarantee that your screen will accurately display these colours. The products delivered may therefore differ slightly from the images used.
The packaging of the goods may differ from that shown in the pictures on the website.
§ 13 LIABILITY
Ovall Skincare is liable without limitation for damages caused by itself, its legal representatives or by Ovall Skincare’s vicarious agents resulting from injury to life, body or health (personal injury) as well as for all damages caused intentionally or through gross negligence.
Ovall Skincare is liable without limitation in the event of fraudulent concealment of defects and in the event of a guarantee of quality.
Ovall Skincare is only liable for other damages if an essential contractual obligation or an essential pre-contractual obligation is violated. Essential contractual obligations are those obligations that protect the customer's essential contractual obligations, which the contract must grant to him according to its content and purpose; essential obligations are also those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer has regularly relied or may rely, e.g. Ovall Skincare must hand over the item to the customer free of material and legal defects and transfer ownership of it. In these cases, however, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and was typical for the contract.
Any statutory liability regardless of fault and the provisions of the Product Liability Act remain unaffected by the above limitation of liability.
Ovall Skincare shall not be liable for any delay or breach of contract if the delay or breach is caused by force majeure and is not attributable to Ovall Skincare. Events beyond Ovall Skincare's control include, but are not limited to, strikes, lockouts or other industrial events, civil commotion, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster or failure of private or public telecommunications networks, rail transport, sea freight, air freight, forwarding companies or other public or private transport.
Due to the nature of the Internet and the associated technology used to make the Website available, it can only be provided on an "as available" and "as is" basis. This means that we cannot promise that your use of the Website will be uninterrupted, uninterrupted, error-free or meet your expectations. Similarly, we cannot guarantee the error-free, timely, available, correct or complete information contained on the Website (although we will try our best to achieve this).
§ 14 DISCLAIMER FOR THIRD-PARTY LINKS
Ovall Skincare provides links to third-party websites on its website and declares that it has no influence on the design and content of the linked page. Ovall Skincare therefore expressly distances itself from all content on all linked third-party websites. Ovall Skincare does not adopt the content of the linked pages as its own. This declaration applies to all links on the website and to all content on the pages to which the links refer.
§ 15 RESERVATION OF TITLE
The goods remain the property of Ovall Skincare until the purchase price has been paid in full.
§ 16 COPYRIGHT
The use of all copyrighted material used and displayed by Ovall Skincare on the website is permitted to the member only for private purposes. Copyrighted material of third parties that Ovall Skincare uses to display the goods it offers may not be used by the member for his own purposes if this exceeds private use.
§ 17 ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find at www.ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. If you have any questions or problems, please feel free to contact us directly.
§ 18 CHANGES TO THE GENERAL TERMS AND CONDITIONS
Ovall Skincare is entitled to make changes to the General Terms and Conditions. Ovall Skincare will only make these changes for good reason, in particular due to changes in the law, legal requirements or other important reasons.
For each purchase, the General Terms and Conditions current at the time of the order apply.
Ovall Skincare will, whenever these Terms and Conditions are revised, record the date of the change at the beginning of the Terms and Conditions. If possible and necessary, Ovall Skincare will notify members of significant changes to texts referred to in these Terms and Conditions. Ovall Skincare will notify members via the website (e.g. by asking whether the changes are accepted before proceeding with the purchase) or by email.
§ 19 JURISDICTION
In business transactions with merchants and legal entities under public law, Munich is agreed as the exclusive place of jurisdiction for all legal disputes, including those relating to tort claims.
§ 20 SALVATION CLAUSE
Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected. The statutory provisions shall take the place of the invalid provisions.
§ 21 RIGHTS
If you do not agree to these General Terms and Conditions and if Ovall Skincare does not respond immediately to asserted claims, this does not mean that Ovall Skincare gives up any rights. Ovall Skincare reserves the right to assert its claims in the future.
These regulations apply between Ovall Skincare and its members. Third parties cannot derive any claims from them.
You hereby agree that Ovall Skincare may transfer your rights and obligations under these Terms and Conditions to third parties without affecting your rights and obligations.
The Member may only transfer his rights and obligations under these General Terms and Conditions to third parties with the written consent of Ovall Skincare .
§ 22 APPLICABLE LAW
In the event of legal disputes, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the European Union, the law of the end consumer's place of residence shall also apply, provided that mandatory consumer law provisions are involved.
§ 23 CONTACT, FEEDBACK AND COMPLAINTS
If you wish to contact Ovall Skincare in relation to these Terms and Conditions or the documents referred to in them, please write to:
1626 Ovall Skincare GmbH
Landsberger Allee 63
10249 Berlin
Germany
or
send an email to: hello@ovallskincare.de
Ovall Skincare is happy to hear from you and is always interested in improving the service and offering. By providing feedback, you agree to Ovall Skincare using your suggestions free of charge.
If Ovall Skincare needs to contact you, it will do so by email or in writing to the address you have provided.