Terms and conditions
§ 1 Area of application
The following terms and conditions apply for all orders via our online shop by both consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to its commercial nor to its independent professional activity. An entrepreneur is a natural or legal person or a legal partnership with legal capacity that is exercising its commercial or independent professional activity when entering into a legal transaction.
Regarding entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly consented to this.
§ 2 Contracting party / Conclusion of contract
The purchase contract is concluded with MusterHaut.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially put our products in the shopping cart without any obligation and then correct your input at any time by using the correction tools provided and explained in the ordering process before submitting your binding order. By clicking on the order button, you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order will be made by e-mail immediately after you send the order.
§ 3 Contract language, contract text saving
The contracting languages are German and English.
We shall save the contract text and send you the order data and our terms and conditions by e-mail. You can view the terms and conditions at any time here on this page. Your previous orders are no longer accessible via the Internet for security reasons.
§ 4 Terms of delivery
The shipping costs are added to the stated product prices. For details on the amount of shipping costs, please see § 6 Prices / delivery / shipping costs.
You have the option of picking up the goods at MusterHaut, Waldstraße 44, 76661 Philippsburg, Germany within the following business hours: Monday to Friday from 08:30 to 12:30 and from 15:00 to 18:00. Wednesday afternoon we are closed.
Please inform us at least two working days before your pickup, so we can provide the goods from our storage unit.
We also deliver to parcel terminals within Germany.
Alternatively, after prior contact via phone or email, you can also pick up the ordered goods at our second business entity, the dermocosmetics practice S.C. Dermocosmetica Gotter S.R.L., Nicolae Table Nr. 6, Timisoara (Jud. Timis), Romania.
§ 5 General sales conditions
(1) Only persons who have reached the age of 18 can be our customers.
(2) Deliveries are made exclusively to buyer addresses in the Federal Republic of Germany and in the member states of the European Union.
(3) Exception: According to our terms of delivery and shipping with the manufacturer KOKO GmbH & Co. KG in Leichlingen, our cosmetics series under the trademark dermaviduals® may only be provided within Germany. We kindly ask for your understanding!
(4) We reserve the right to charge a fee of currently 30, - € for certain consultations in the dermopharmaceutical field, if a longer-term and deeper consultation is required. The customer will be informed in advance.
§ 6 Prices / delivery / shipping costs
(1) When ordering, the price is automatically calculated taking into account the information provided by the customer and it can be found on the order form and in the order confirmation. All prices include VAT. The prices do not include the shipping costs. The minimum order value is 10.00 EUR.
(2) The delivery is made to the delivery address specified on the order form. The delivery and shipping costs are borne by the customer. These costs will be communicated to the customer within the order process prior to ordering:
(3) MusterHaut reserves the right to charge different shipping costs if the customer wishes to use DHL Express Shipping or the package size differs from our standard. Furthermore, local delivery within certain countries outside Germany is also possible. We will inform the customer about its cost during the ordering process.
(4) MusterHaut ships with DHL. An alternative parcel service can only be used after prior agreement or selection of a local parcel service within certain country borders during the ordering process.
(5) MusterHaut reserves the right not to deliver if it is not supplied properly and on time and is not responsible for the lack of availability.
(6) In the case of an unsuccessful first delivery, if the order is not picked up during the parcel storage period and is returned to the MusterHaut, the postage and packaging fees will be charged again in case of a repeated shipment.
(7) MusterHaut reserves the right to make a partial delivery, provided that this appears advantageous for rapid processing and that the partial delivery is not unacceptable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
(8) MusterHaut usually delivers between 3 and 5 working days within Germany. For deliveries within the member states of the European Union, the delivery period is extended to 7 working days. In the case of larger orders, this can be deviated from, so that a prior personal consultation with the customer takes place.
We kindly ask you to understand that due to production bottlenecks of individual products longer delivery times may occur. We make every effort to inform you about these situations in due time.
Info: For environmental reasons, we have decided to use reusable packages and packaging material from our suppliers for shipping!
§ 7 Reservation of property rights
The goods remain our property until full payment.
Additionally applicable for entrepreneurs: We reserve the ownership of the goods until the full settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; all claims resulting from this resale shall be transferred to us in advance within the invoice amount - irrespective of any combination or mixing of the reserved goods with a new item -, and we accept this claim transfer. You remain entitled to collect the claims, but we may also collect claims, if you do not meet your payment obligations.
§ 8 Payment
The following payment methods are available in our shop:
(1) Cash payment
The customer can pay for the goods in cash or by debit card and PIN during our opening hours at MusterHaut.
(2) Invoice
In addition to all other payment options, payment on account is only possible with our dermaviduals® and Dr. Baumann® possible because, according to the delivery conditions, the products may not be sold via an online shop and individual advice and the compilation of individual articles are required. The invoice is therefore issued after an express order by phone or email, so that we sometimes work with other payment providers about which you will be informed separately in your invoice email.
Attention: For orders of the cosmetic series dermaviduals® and Dr. Baumann® with a value of more than 149.00 EUR, our invoices will be paid in advance. We will send the goods to the delivery address provided to us only after receipt of payment.
(ATTENTION: Since 30.03.2020 only delivery against prepayment!)
(3) Paypal PLUS (Paypal, direct debit, credit card)
As part of the payment service PayPal Plus, we offer you various payment methods that are PayPal services. You will be redirected to the website of the online payment provider, PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal. You will get more information on this matter within the ordering process.
If you have selected the PayPal payment method, you must be registered there in order to pay the invoice amount or you have to register first and legitimize the payment with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed.
If you have selected the credit card payment method, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the payment order and after your identification as the legitimate cardholder.
If you have selected the direct debit payment method, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). Upon submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal will request its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be charged.
(4) SOFORT Überweisung (IMMEDIATE transfer, Sofort by Klarna)
After placing the order you will be redirected to the website of the online provider SOFORT GmbH. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN/TAN procedure activated for participation in SOFORT Überweisung, you must be accurately identified and must confirm the payment order to us. You will get more information on this matter within the ordering process. The payment transaction will be carried out by SOFORT GmbH immediately after this and your account will be debited.
§ 9 Transportation damage
For consumers:
If goods are delivered with obvious transport damage, we kindly ask you to file a complaint about such errors as soon as possible to the deliverer and contact us immediately. The failure to file a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, complaints help us assert our own claims against the forwarding agent or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the forwarding agent or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty of examination and complaint is regulated by § 377 of the German Commercial Code (HGB). If you refrain from doing so, the goods are deemed to have been approved, unless they have defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
§ 10 Warranty
The statutory warranty rights apply, unless expressly agreed otherwise hereafter. For consumers, the limitation period for claims for defects in used goods is one year from the delivery of the goods.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened time limits do not apply to claims for damages caused by us, our legal representatives or assignees
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
§ 11 Limitation of liability
The statutory warranty rights apply, unless expressly agreed otherwise hereafter. For consumers, the limitation period for claims for defects in used goods is one year from the delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse action under § 478 of the German Commercial Code (HGB) remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened time limits do not apply to claims for damages caused by us, our legal representatives or assignees
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
§ 12 Liability
We are always liable without limitation for claims for damages caused by us, our legal representatives or assignees
In the case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations), by slight negligence on our part, on the part of our legal representatives or assignees, the liability is limited in amount to the damage foreseeable at the time of contract conclusion, the occurrence of which can typically be expected. Claims for other damages shall be excluded.
§13 Right of withdrawal
Consumer have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reasons for your decision.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (MusterHaut, Waldstraße 44, 76661 Philippsburg, info@musterhaut.de, Tel.: +49 7256 944441) by a clear statement (e. g. a postal letter, fax or e-mail) of your decision to withdraw from the contract. You can use the attached withdrawal form model; however, it is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of your withdrawal right before the expiry of the withdrawal period.
§14 Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you for any payments we have received from you, including delivery costs (except for the additional costs arising from you choosing a different delivery method than the most favourable standard delivery we offer), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from the contract. For this repayment, we shall use the same means of payment that you used when making the original transaction, unless otherwise agreed with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
You must return or hand over the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the deadline of fourteen days expires. You shall bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss of value is due to you handling the goods in a way that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Model of withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back to us.)
– To MusterHaut, Waldstraße 44, 76661 Philippsburg, info@musterhaut.de
– I/we (*) hereby withdraw from 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 done on paper)
– Date
(*) Delete as appropriate.
Attention: The withdrawal is excluded for commercial customers. We reserve the right to refuse changes after the first order.
§ 15 Codes of conduct
We apply the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
§ 16 Dispute settlement
The European Commission provides an online dispute resolution (ODR) platform, which is available here: http://ec.europa.eu/consumers/odr/
We are prepared to participate in an out-of-court conciliation procedure before a consumer arbitration board.
§ 17 Final provisions
If you are an entrepreneur, then German law applies excluding UN sales law.
If you are a trader within the meaning of the German Commercial Code, a legal entity under public law or a special property under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
After individual testing, we offer business customers special prices if an order in a certain quantity is made within three months. This is done after a verbal or written agreement with the customer. However, there is no agreement on contractual basis. For this reason, we reserve the right to change our prices again if we consider certain criteria as not met.
In contrast to our private customers, business customers are excluded from all marketing campaigns! This includes, among other things, all discount campaigns that we carry out as part of certain campaigns.
§ 18 Severability clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected, unless the termination of individual clauses would disadvantage one party so unacceptably that the party’s adherence to the contract could no longer reasonably be expected.
End of the terms and conditions
Date: January 2023