1. The following General Terms and Conditions of Sale (hereinafter referred to as "Terms and Conditions") in their version valid at the time of the order shall exclusively govern the business relationship between SKINSDIAMOND INSTITUTION FZCO SKINSDIAMOND, Dubai Silicon Oasis DDP, 341041 Dubai, UAE (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer"). Deviating general terms and conditions of the Customer will not be recognized unless the Seller expressly agrees to their validity in writing.
2. The Terms and Conditions apply to business relationships with both entrepreneurs (B2B) and consumers (B2C), unless otherwise explicitly differentiated.
3. Consumers are natural persons where the purpose of the business transaction cannot be attributed to a commercial, self-employed, or freelance activity (Section 13 of the German Civil Code - BGB).
4. Entrepreneurs are natural or legal persons or partnerships with legal capacity that act in the execution of their commercial or independent professional activity when concluding the contract (Section 14 BGB).
5. For the purposes of these Terms and Conditions, "Customers" refers to both consumers and entrepreneurs.
1. All offers for products presented by the Seller in the online shop, on websites, and in digital or printed brochures, catalogs, or comparable product presentations are non-binding and represent only an invitation to the Customer to submit a purchase offer. The Customer can select products from the Seller's assortment and add them to the shopping cart.
2. By clicking the order button, the Customer submits a legally binding purchase offer for the products in the shopping cart. Before submitting the order, the Customer has the opportunity to check and correct their input. An effective technical aid for identifying input errors may be the browser's zoom function, which enlarges the screen display.
3. The Seller can accept the Customer’s offer within five business days:
4. The contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. Beyond this, the Seller does not make the contract text accessible. If the Customer has created a customer account in the Seller's online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account using their login credentials.
5. The Seller reserves the right to review the Customer's offer and is not obligated to accept every offer. The Seller may reject a Customer's offer if there is any indication or reason to suspect that technical aids (e.g., bots) were used in submitting the offer. The Seller is not required to provide an explanation or justification for the rejection of an offer.
6. Should the delivery of the ordered products not be possible, for instance, because the product is out of stock, the Seller will refrain from issuing a declaration of acceptance. In such a case, no contract is formed. The Seller will inform the Customer immediately and refund any payments received without delay.
7. The languages available for concluding the contract are German and English.
8. Order processing and communication generally take place via email and automated order handling. The Customer must ensure that the email address provided for order processing is accurate and that they can receive emails sent by the Seller. In particular, the Customer must ensure that SPAM filters do not block emails sent by the Seller or by third parties commissioned by the Seller for order processing.
1. The Seller provides Customers with a customer account where they can access information about their orders and the personal data stored with the Seller. The information stored in the customer account is not publicly accessible.
2. Customers may also place orders as guests without creating a customer account.
3. If the Customer is a business entity, they may register via the form provided for B2B customers. After successful verification and approval by the Seller, the Customer will receive login credentials and can access their order history, current orders, and other relevant information in this section.
1. If you are a consumer, you are entitled to a statutory right of withdrawal.
2. If you, as a consumer, exercise your right of withdrawal, you must bear the regular costs of returning the goods.
3. Further details on the right of withdrawal are specified in the following cancellation policy:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.To exercise your right of withdrawal, you must inform us:
SKINSDIAMOND INSTITUTION FZCO SKINSDIAMOND
Dubai Silicon Oasis DDP, 341041 Dubai, UAE
Email: contact@skinsdiamond.com
via an explicit declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the sample withdrawal form available on our website, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the least expensive standard delivery offered by us) without undue delay and no later than fourteen days from the day we receive your withdrawal notice.
We will use the same payment method for this reimbursement as you used for the initial transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have provided proof of having returned the goods, whichever is earlier.
You must return the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you inform us of the withdrawal. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of Withdrawal Policy
4. The right of withdrawal does not apply to distance contracts:
(a) for the delivery of goods made to the Customer's specifications or clearly tailored to personal needs, or that are not suitable for return due to their nature, or that are perishable or have expired;
(b) for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the Customer.
1. If the Seller offers the shipping of goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address provided by the Customer during the ordering process shall be decisive.
2. If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the costs of return shipping, the provisions of the Seller's withdrawal policy apply when the Customer exercises their withdrawal rights.
3. If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or an authorized recipient only upon delivery of the goods. However, if the Customer, as a consumer, assigns the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the Seller has not named this person or institution, the risk shall pass to the Customer upon handover to the designated party.
4. The Seller reserves the right to withdraw from the contract in cases of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and has exercised due care in entering into a concrete covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and any consideration already paid will be promptly refunded.
5. Self-collection is not possible for logistical reasons.
6. The Seller is entitled to make partial deliveries, provided they are reasonable for the Customer. The Seller is not obligated to make partial deliveries.
7. If, at the time of the Customer's order, no copies of the selected product are available, the Seller will promptly inform the Customer in the order confirmation.
8. If the product designated by the Customer in the order is temporarily unavailable, the Seller will also notify the Customer immediately in the order confirmation.
9. If delivery delays occur due to force majeure, the delivery period will be extended to a reasonable extent. Force majeure includes events such as strikes, lockouts, supply shortages from subcontractors, governmental interventions, pandemics, and any other unforeseen and uncontrollable events outside the Seller's influence. The Seller will promptly inform the Customer about the start and anticipated end of such hindrances. If the hindrance lasts more than four weeks beyond the originally agreed delivery times, the Customer is entitled to withdraw from the contract. Further claims by the Customer, particularly for damages, are excluded unless the Seller has caused the delay through intent or gross negligence.
1. The prices listed in the online shop at the time of the order shall apply. The stated prices are final prices, meaning they include the applicable German statutory value-added tax (VAT) and other price components.
2. Shipping costs are calculated separately during the checkout process in the online shop. The price, including VAT and any applicable shipping costs, will also be displayed in the order summary before the Customer submits their order.
3. If the Seller fulfills the order through partial deliveries in accordance with § 5 Section 6, the Customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request of the Customer, the Seller will charge shipping costs for each partial delivery.
4. If the Customer effectively revokes their contractual declaration in accordance with § 4, they may, under the statutory conditions, request reimbursement of any shipping costs already paid (delivery costs) (see § 4 Section 3 regarding other consequences of withdrawal).
1. The payment option(s) will be communicated to the Customer in the Seller's online shop.
2. When using financial institutions and other payment service providers, the terms and conditions and privacy notices of the payment service providers also apply in relation to the payment. Customers are advised to pay attention to these regulations and notices, as well as the information provided during the payment process. This is particularly important because the availability of payment methods or the payment process may depend on the agreements between the Customer and financial institutions or payment service providers (e.g., agreed withdrawal limits, location-restricted payment options, verification processes, etc.).
3. The Customer is responsible for ensuring that they meet the requirements necessary for a successful payment using the selected payment method. This includes, in particular, ensuring sufficient funds in bank and other payment accounts, registration, authentication, and authorization with payment services, as well as confirming transactions.
4. The Seller reserves the right to offer payment methods only above or below a certain order value. In this case, the Seller will inform the Customer of the corresponding payment restriction at the start of the order process. The right of consumers to a free, standard, and reasonable payment method is not restricted.
5. The Customer may choose from the following payment options: PayPal, Credit Card (Mastercard, Visa, American Express, Discover, Diners Club, JCB, UnionPay), or cash payments. The Seller reserves the right not to offer all payment methods for specific orders and to require advance payment for the order based on the Customer's creditworthiness to secure the credit risk.
PayPal: If PayPal is selected as the payment method, the invoice amount will be paid through the online payment service PayPal. The Customer will be redirected to the PayPal website, www.paypal.de. The Customer must be registered with PayPal or register for the first time, then authenticate with their PayPal login and confirm the payment instruction to the Seller. After the order is placed, the Seller will prompt PayPal to initiate the payment transaction. The Customer will receive further instructions during the order process. The payment transaction will be automatically processed by PayPal shortly afterward. The "PayPal User Agreement" of PayPal (Europe) S.à r.l. & Cie, S.C.A. in its current version applies. Shipping will occur after PayPal confirms the payment.
Credit Card: When paying by credit card, the invoice amount will be charged to the Customer's credit card upon order submission. Shipping will occur after the proper payment receipt has been confirmed and verified in the electronic payment system. The Customer must ensure sufficient coverage in the specified account. Any costs arising from a chargeback due to insufficient funds or incorrect bank account details provided by the Customer will be borne by the Customer. In case of credit card payment, the Customer's credit card company will be instructed to charge the invoice amount once the Customer places the order. If the Customer uses the payment system of an external service provider like PayPal, they must adhere to its general terms and conditions and regulations.
Cash Payments: Cash payments are only possible for in-person pickup. Cash payments via shipping are excluded. The purchase price is due upon delivery of the goods. The Seller will issue the Customer a corresponding invoice.
6. The Customer may change the payment method stored in their customer account at any time.
7. The payment of the purchase price is due immediately upon conclusion of the contract. The payment of the purchase price plus shipping costs is made according to the Customer's choice using one of the payment methods displayed during the order process.
8. If the Customer is a consumer, the purchase price will be subject to interest at a rate of 5 percentage points above the base interest rate during the delay in payment. If the Customer is a business, the interest rate during the delay in payment is 8 percentage points above the base interest rate. The Seller reserves the right to prove and claim a higher delay damage. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further default damages.
9. The Customer is not entitled to offset the Seller's claims unless their counterclaims are legally established or undisputed. Furthermore, the Customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.(10) As a Customer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
1. If the Customer is a consumer, the Seller retains ownership of the goods until the full purchase price has been paid.
2. If the Customer is a business, the Seller retains ownership of the goods until all claims arising from the ongoing business relationship have been fully paid. If the value of the goods subject to retention exceeds the claims to be secured from the ongoing business relationship by 10%, the Seller is obligated to release the goods subject to retention.
3. If the Customer is a business, they may resell the goods in the ordinary course of business. In this case, the Customer assigns to the Seller all claims in the amount of the invoice value that the Customer may have against third parties as a result of reselling the goods. The Seller accepts this assignment already at this point. The business is authorized by the Seller to collect the claims after the assignment. However, in the event that the business does not fulfill its payment obligations properly and falls into default, the Seller reserves the right to collect the claim itself. Any processing or transformation of the delivered goods by a business takes place in the name and on behalf of the Seller. If a business processes the goods, the Seller acquires co-ownership of the new item. This co-ownership is determined in relation to the value of the goods supplied by the Seller. The same applies if a business processes or mixes the goods with items that do not belong to the Seller. The Customer is obligated to store the goods subject to retention free of charge and with the care of a prudent businessman, to keep them in proper condition, and to insure them at their own cost against fire, water, and theft damage to the full replacement value, with the condition that the rights from the insurance policy belong to the Seller. If the Customer fails to meet these obligations despite a prior written request from the Seller, the Seller is entitled to take out the insurance at the Customer's expense, pay the premium, and collect it as part of the claim arising from the purchase contract. The Customer is also obligated to perform necessary maintenance and inspection work at their own expense.
1. The Seller is liable for material defects in accordance with the applicable legal provisions, especially §§ 434 et seq. of the German Civil Code (BGB). The warranty period for products delivered by the Seller is 12 months for businesses and 24 months for consumers, starting from the delivery of the products.
2. An additional guarantee exists for the goods supplied by the Seller only if explicitly provided in the order confirmation for the respective item.
3. Businesses are obliged to inspect the received goods immediately upon delivery, as far as this is customary in the normal course of business, for defects, transport damage, and incorrect or short deliveries. Visible defects must be reported to the Seller within one week of receiving the goods (i.e. in writing or text form). If no complaint is made within one week after the transfer of risk, the goods are deemed to have been properly and fully delivered, unless the defect was not recognizable during the inspection (hidden defects). Hidden defects must be reported to the Seller immediately, but no later than one week after they are discovered, or after the time when the hidden defects should have been discovered based on reasonable suspicion.
1. For claims arising from damages caused by us, our legal representatives, or agents, we are always fully liable
2. In the case of violation of essential contractual obligations, whose fulfillment makes the proper execution of the contract possible in the first place and on whose adherence the contracting partner regularly relies (cardinal obligations) by slight negligence on our part, our legal representatives, or agents, liability is limited to the foreseeable damage at the time of the contract conclusion, which typically must be expected.
3. In all other cases, claims for damages are excluded.
1. We hold the copyright to all images, films, and texts published in our online shop. Any use of these images, films, and texts is not permitted without our express consent.
2. The use of content beyond the search or purchase in the online shop may infringe third-party rights or the Seller's rights and could lead to legal consequences, such as claims for injunction and damages.
Customers have the option to enter a special code during checkout, which is provided by a beauty salon, spa, hotel, or similar establishment. Based on this code, the company (e.g., the beauty salon, spa, etc.) receives a share of the sales.
1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you place the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the legal choice in sentence 1.
2. If the customer is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Seller is the Seller's place of business.
3. Dispute Resolution: The EU Commission has created an online platform for the out-of-court resolution of disputes. The platform serves as a contact point for resolving disputes related to contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The Seller is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
1. Amendments and supplements to these General Terms and Conditions (AGB) require written form. A waiver of this written form requirement can only be agreed upon in writing.
2. If individual parts of these AGB and other contractual agreements between the parties are or become fully or partially ineffective, unenforceable, or void, the remaining provisions and agreements shall remain unaffected. The parties will endeavor to agree on a valid provision that comes as close as possible to the economic purpose of the ineffective, unenforceable, or void provision. The same applies to any regulatory gaps. In the absence of such an agreement, the statutory provisions apply.
Dietary Supplements
Intended Use: Dietary supplements are to be used exclusively according to the instructions on the packaging and label. Any liability for damages resulting from improper use is excluded. Use is at the customer’s own risk. Customers are required to inform themselves thoroughly about the products before use or consumption, particularly regarding ingredients, dosage, and storage. It is emphasized that dietary supplements should not be used as a substitute for a balanced and varied diet and a healthy lifestyle.
Overdosage: The recommended dosage is indicated on the packaging and label. Customers are advised not to exceed the recommended daily dose. The seller assumes no liability for health damages resulting from an overdose of dietary supplements.
Combination with Other Products: Customers should seek advice and consult with a professional when combining different products. The seller assumes no liability for interactions or damages caused by simultaneous use or consumption of other products (e.g., medicines or dietary supplements). Dietary supplements should always be stored out of the reach of small children.
Storage Conditions: Dietary supplements must be stored according to the specified storage instructions. Any damage or changes to the supplements due to improper storage, such as exposure to high temperatures, direct sunlight, or moisture, are the responsibility of the customer.
Shelf Life: Using dietary supplements past the indicated minimum shelf life or expiration date is at the customer’s own risk. The seller assumes no liability for damages arising from the use of expired supplements.
Risk Groups: Pregnant women, nursing individuals, minors, and people with existing health problems or chronic illnesses should only use dietary supplements after consulting a doctor.
Not a Substitute for Medical Treatment: Dietary supplements are not intended to treat, cure, or prevent diseases. If customers have health concerns, they should immediately consult a doctor. The seller explicitly states that the offered dietary supplements and the information provided do not replace medical, therapeutic, or pharmaceutical advice. Customers are encouraged to consult a doctor for health-related questions or concerns.
Fluctuations: Dietary supplements may vary slightly in color, smell, consistency, or taste. Such variations do not constitute a defect and do not justify liability claims by the customer.
Individual Effect and Efficacy: The seller does not guarantee specific results or effects, as these can vary individually. The efficacy and tolerability of the offered products depend on numerous individual factors outside the seller's control.
Allergies and Intolerances: The seller assumes no liability for allergic reactions, intolerances, or other health impairments that may arise due to the ingredients. Customers with known allergies or intolerances should only use the products after consulting a doctor.
Liability: Any liability for direct, indirect, or consequential damages resulting from the use of dietary supplements is excluded, as far as legally permissible.
The seller is not liable for damages caused by improper resale, incorrect storage, or faulty advice provided by companies (B2B).
No liability is assumed for damages caused by manipulation, improper handling, or changes made to the products by third parties.
The information provided does not claim completeness, nor can the currency, accuracy, or balance of the information be guaranteed.
Intended Use
External Use Only: These products are strictly for external application. Contact with mucous membranes, eyes, or ingestion should be avoided. The products should only be used in accordance with the application instructions on the packaging. All claims regarding effectiveness are based on scientific findings and testing results. However, individual guarantees for effectiveness cannot be provided as results may vary depending on skin type. These products are not intended for the treatment or cure of skin diseases. In case of specific skin issues, it is recommended to consult a doctor or dermatologist. The seller is not liable for damages resulting from improper application, including combining with other products or applying on damaged skin.
Combination with Other Products
It cannot be ruled out that combining with other cosmetic products or treatments, such as chemical peels, may lead to hypersensitivity reactions.
Patch Test Requirement
Before the first application of the product, it is recommended to perform a patch test on a small area of skin. Apply a small amount of the product to an inconspicuous area of the skin and wait at least 24 hours to check for any reactions.
Allergic Reactions
Allergic reactions or contact allergies may occur due to certain ingredients, such as:
Irritations and Sensitization
Skin irritations may occur due to high concentrations of active ingredients like Retinol (Vitamin A), fruit acids (AHAs/BHAs), or Vitamin C (Ascorbic Acid). These ingredients can cause reactions like redness, dryness, or a feeling of tightness, especially in sensitive skin. It is recommended to be mindful of individual skin sensitivity when using such products.
Intolerances Based on Skin Type or Condition
Depending on skin type and condition, various intolerances can occur, such as flaking or excessive sebum production. These reactions can happen at any time and vary from person to person.
Phototoxicity and Skin Sensitivity
Products containing light-sensitive ingredients like Vitamin A (Retinol) or fruit acids can increase the skin's sensitivity to UV radiation. Customers are strongly advised to use appropriate sun protection during use to prevent skin damage. The seller is not liable for pigmentation disorders, sunburn, or other skin damage caused by inadequate UV protection.
Application Errors
Improper application on damaged or irritated skin can increase the risk of inflammation or infection. The simultaneous use of multiple highly active products can damage the skin barrier.
Overuse
Frequent or excessive application may lead to skin overload and damage to the skin barrier, especially with highly concentrated active ingredients (e.g., Retinol or exfoliants).
Improper Storage
Certain ingredients can become unstable if stored improperly, such as Vitamin C (oxidation) or Retinoids (light sensitivity). Improper storage can lead to a loss of efficacy or deterioration in quality.
Risks for Specific Groups
Pregnant and Breastfeeding Women: Before using products containing ingredients like Retinoids, Salicylic Acid, or other substances, it is highly recommended to consult a doctor. The safety of skincare products during pregnancy and breastfeeding can be influenced by individual health factors. A medical consultation helps identify potential risks.
Children: Children's skin is more sensitive and may react more strongly to irritating or allergenic ingredients. Products should be carefully selected and checked for their suitability for children's skin.
Existing Skin Conditions: For conditions like Rosacea, Eczema, or Psoriasis, certain ingredients may worsen symptoms or cause irritation. Individuals with such skin problems should consult a dermatologist before using skincare products to avoid exacerbating the condition.
Use After Expiry Date
After the expiry date, there is a risk of microbial contamination or reduced efficacy in expired products. Use is at the customer's own risk.
Liability
The seller is not liable for health impairments, individual intolerances, skin irritations, allergic reactions, or damages resulting from failure to follow the application instructions, improper use, or individual sensitivity to the ingredients. Customers are responsible for proper use of the products and checking the ingredients. These liability limitations apply as far as permitted by law and do not affect the customer's statutory rights.
