Conditions

I. General - Scope

1. The following terms and conditions apply to all orders placed through our store by consumers and entrepreneurs.
2. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
3. The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if we have expressly agreed to them.
4. These General Terms and Conditions apply to all present and future legal relationships between Skincura GmbH on the one hand and the Customer, who is either a consumer or an entrepreneur, on the other hand.
5. The general terms and conditions of Skincura GmbH apply exclusively. Conflicting conditions or conditions of the purchaser deviating from these terms and conditions will not be recognized unless Skincura GmbH has expressly agreed to their validity in writing.
6. All agreements made between Skincura and the Purchaser shall be recorded accordingly in writing. Verbal subsidiary agreements do not exist.
7. Rights, which we are entitled to according to the legal regulations beyond these terms and conditions, remain unaffected.

II. Contractual Partner, Conclusion of Contract and Possibilities of Correction

1. The sales contract is concluded with Skincura GmbH.
2. The presentation of the products in the online store does not represent a legally binding offer, but a non-binding online catalog.
3. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart.
4. The confirmation of receipt of your order will be sent by e-mail after sending the order. We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within three days.
5. We shall not be bound by the purchaser’s terms and conditions of purchase, even if we do not expressly object to them.
6. We reserve the property rights and copyrights to calculations, illustrations, drawings and other documents. They may not be passed on to third parties or otherwise made accessible.

III. Contract language, contract text storage

1. The languages ​​available for the conclusion of the contract are German and English.
2. We store the text of the contract on our systems, which are not accessible to you.

IV. Delivery and delivery times

1. Delivery periods are only binding if they have been agreed in writing. In case of doubt, the delivery periods stated in the order confirmation shall apply.
2. The delivery period shall be deemed to have been met if, unless the parties have agreed that the goods are to be received by the customer, the delivery item has left the factory or notification of readiness for dispatch has been given by the time the delivery period expires. Unforeseen, unavoidable events during production and other hindrances for which we are not responsible, e.g. force majeure, disruptions in our own operations or in the operations of our suppliers, import and export restrictions, etc., shall entitle us to extend the delivery period by the duration of the hindrance. Insofar as acceptance is to take place, the acceptance date shall be decisive – except in the case of justified refusal of acceptance – alternatively the notification of readiness for acceptance. If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses.
3. Delays shall not be at our expense if our customer fails to meet his obligations to cooperate or fails to do so in a timely manner.

V. Prices and Payment

1. The following payment methods are generally available in our shop:
   1. You can pay the invoice amount using the payment options specified in the shop. Your account will only be charged after the goods have been shipped.
2. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.

VI. Title retention

1. We reserve ownership of the delivered item until full payment of all claims from the delivery contract has been received. If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item.

The customer is obliged to treat the purchased item with care until full payment has been made; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value.

2. The customer is obliged to store the purchased item properly. We expressly point out that highly sensitive goods such as nonwovens do not tolerate moisture and cold and that these conditions must be avoided during storage.

VII. Claims for Defects, Repossession Material defects

1. The following shall apply to entrepreneurs: Irrespective of further statutory provisions, in particular the obligation to give notice of defects in accordance with the German Commercial Code (HGB), the Purchaser shall give notice of obvious defects immediately after acceptance of the goods, at the latest within three days. The complaint must be made in text form.
2. Due to defects for which we are responsible, we shall initially only be obliged to provide subsequent performance. The customer reserves the right to reduce the contract price or to withdraw from the contract if the subsequent performance fails. Replaced parts shall become our property.
3. The customer shall grant a reasonable period of grace for the performance of all repairs and replacement deliveries deemed necessary by us; otherwise we shall be released from liability for the resulting consequences.
4. We shall bear – insofar as the complaint proves to be justified and we are responsible for it – the direct costs of the rectification or replacement delivery. If the defect is only insignificant, the customer shall only be entitled to a reduction of the contract price.

5. No liability shall be assumed in particular in the following cases: Unsuitable or improper use, improper storage (nonwovens must be stored free of moisture and cold, among other things), natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, chemical, electrochemical, electrical or physical influences.
6. If the customer or a third party carries out improper repairs, we shall not be liable for the resulting consequences. The same applies to changes made to the delivery item without our prior consent.
7. The following applies to consumers:If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

defects of title

1. If the use of the delivery item leads to the infringement of industrial property rights or copyrights in Germany, we shall, at our expense, generally procure the right for the purchaser to continue using the delivery item or modify the delivery item in a manner reasonable for the purchaser so that the infringement of industrial property rights no longer exists.
2. In addition, we shall indemnify the customer against undisputed and legally established claims of the owners of the property rights concerned.

Prescription All warranty claims of the purchaser – on whatever legal grounds – shall become statute-barred after 12 months. 

VIII. Warranty and guarantees The statutory liability for defects applies. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store. Customer service: You can reach our customer service for queries, complaints and claims on weekdays from 8:00 to 14:00 by phone +49 4191 990-8998 and by e-mail at info@millisbaby.com.

 IX. Liability of the supplier, exclusion of liability

1. If the delivery item cannot be used by the Purchaser in accordance with the contract as a result of culpably omitted and/or faulty suggestions and/or consultations made by us before or after conclusion of the contract or as a result of culpable breach of other secondary contractual obligations, the following provisions shall apply to the exclusion of further claims by the Purchaser.
2. We shall only be liable – for whatever legal reasons – for damage not occurring to the delivery item itself in the following cases

a) in case of intent, b) in the event of gross negligence on the part of the owner / executive bodies or senior employees, c) in case of culpable injury to life, body, health, d) in the case of defects which we have fraudulently concealed, e) within the scope of a guarantee promise, f) in the case of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.

 X. Dispute resolution We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 XI. Industrial property rights

1. We shall be entitled to the industrial property rights to the designs, drawings, software and devices created by us, even if the customer has assumed the costs thereof.
2. To the extent permissible and unless otherwise agreed, we shall not assume any liability for the fact that the products supplied by us do not infringe the industrial property rights of third parties. The customer is obliged to notify us immediately if he becomes aware of such infringements or if he is notified of such infringements.

XII. Other

1. The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. We are entitled to process the data received from our customers on the basis of the business relationship in accordance with the provisions of the Federal Data Protection Act.
3. Unless otherwise stated in the order confirmation, our place of business shall be the place of performance. The place of jurisdiction is the court responsible for our place of business.

4. Should any of the above provisions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. Any provisions that become invalid shall be replaced by provisions that come as close as possible to the intended actual, economic and legal success.
5. All our deliveries, including future deliveries, shall be made exclusively on the basis of these “General Terms and Conditions”. The transmission of deviating conditions or conditions of purchase of the customer is hereby expressly contradicted. They shall not be recognized by us even if we do not expressly object to them again after receipt by us. Should the customer have a similar clause in his terms and conditions, the transaction shall be deemed to have been concluded in accordance with our contractual terms and conditions at the latest upon acceptance of our goods by the customer. A conclusion based on these terms and conditions shall also make them valid for all further conclusions with the customer, even if they are not specifically agreed in the individual case. Deviations from our terms and conditions require a separate written deviation agreement with the customer.

Verbal changes to the agreement made for this business are invalid. This also applies to amendments to the agreed formal requirement. Our employees are not authorized to agree verbally on deviations from our terms and conditions, to which we specifically point out.

 XIII. Corona Clause Delays in delivery which are due to the fact that production of the goods cannot take place or cannot take place on time due to official measures in connection with the Corona pandemic shall not give rise to any claims on the part of the Purchaser for delay. Status August 2022 Skincura GmbH Wilhelm-Röntgen-Straße 14 D-24568 Kaltenkirchen