General Delivery and Payment Conditions

1 Applicability

1.1 These General Delivery / Payment Conditions of Melumé Skinscience GmbH, Jahnstraße 71 in 40215 Düsseldorf, Germany (hereafter referred to as “Melumé Skinscience”) shall apply to all our goods and services which are offered in our online shop https://www.melume-skinscience.com. Any deviating contractual conditions given by customers shall not apply unless they are expressly accepted by us in writing for an individual case.

1.2 The value of the goods per order in our online shop https://www.melume-skinscience.com may not exceed a value of 1000,00 EUR a maximum of 5 products per reference may be ordered. All products shall additionally be only sold in normal household quantities. This shall apply both to the quantity of the ordered products as part of an order and to the issuing of several orders for the same product as a result of which the individual orders amount to a normal household quantity.

2 Conclusion of the contract
The range of items in our online shop shall not constitute an offer for the conclusion of a purchase contract but merely constitute an invitation to make such an offer. The customer shall only be considered to have issued an offer for conclusion of a purchase contract when the transmission of the completed order form is performed via the button provided for this purpose. After receipt of the online order, the customer shall receive an e-mail from us containing an order confirmation. This does not represent acceptance of the contract by us. With this action we merely fulfil our statutory duty for disclosure. This shall not take place until the separate issue of an order confirmation by e-mail or by the shipment of the goods to the customer. We reserve the right to maintain a period of two days for acceptance after the placing of the order by the customer.

3 Prices

3.1 The prices shown by us are gross prices and contain the legally applicable rate of VAT.

3.2 For each delivery an additional delivery charge is due, which the customer is informed about before placing their order in the online shop. Any customs duties which are due must generally be paid by the customer unless otherwise agreed within the terms of the conclusion of the contract.

3.3 The customer may only have the right to compensation in the case of undisputed or legally binding claims.

4 Means of payment

4.1 Various forms of payment are fundamentally available to the customer. However, we reserve the right for each order or for certain products to not offer certain forms of payment and to refer customers to alternative forms of payment. No claim shall exist to one particular form of payment.

4.2 We offer the following forms of payment:
Credit Card (Visa and MasterCard), PayPal, ApplePay, GooglePay: The billing for these payment methods is processed through the payment service provider Adyen N.V. German Branch, Friedrichstraße 63, 10117 Berlin.
Paypal Express: The billing for this payment method is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
Klarna in EU webshop only: Sofort (via Klarna), Klarna Pay Now, Klarna Pay Later and Klarna Pay over Time. The billing for these payment methods is processed through the payment service provider Klarna Bank AB, German Branch of Klarna Bank AB (publ), Chausseestraße 117, 10115 Berlin

5 Delivery

5.1 The delivery of the ordered goods and services is made by post.
The delivery of those goods unable to be delivered by parcel service takes place by truck by us or by a shipping company contracted by us to the delivery address given by the customer.

5.2 For delivery times and delivery restrictions (e.g. restriction of delivery to certain countries) for individual products, please refer to a separate information page “Shipping costs & delivery times” or to the product description in question.

5.3 We shall have the right to perform partial deliveries where these are reasonable for the customer and without charging the customer additional costs for this.

5.4 We retain the right to combine several ordered items in one delivery.

5.5Melumé Skinscience´s delivery obligation is subject to correct and on time self-delivery, unless Melumé Skinscience is responsible for the incorrect or delayed self-delivery.

6 Delivery periods and dates

6.1 When delivery is made by truck or by a shipping company, an exact delivery date shall be agreed upon acceptance of the order. The customer shall undertake to accept the ordered delivery on the agreed date. If the goods cannot be delivered on the agreed date in the case of delivery by truck or by a shipping company due to reasons for which the customer is responsible, we shall reserve the right to charge the customer for the costs of redelivery. The obligation for the bearing of costs shall be deemed not to be applied if the customer has exercised their justifiable right to revocation.

6.2 The anticipated time for delivery shall be given for each product in question upon ordering of the individual goods in the online shop.

7 Retention of title
We shall retain the title to all supplied objects up to completion of payment of both the delivered goods and of all other goods belonging to the same order. The customer must handle the goods with care until complete fulfilment has been achieved and must ensure that any third parties who are granted access to the goods treat the goods carefully.

8 Right of revocation for purchase contracts, the ordering of goods

8.1 Right of revocation for consumers
You have the right to revoke this contract within fourteen days without specifying any reasons. The period of the right of revocation shall be fourteen days from the day,

8.1 a) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the goods if you have ordered an item or goods as part of a single order and the item or goods have been delivered in a uniform manner; or

8.1 b) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the last item of the goods if you have ordered several items of goods as part of a single order and the goods have been delivered separately; or

8.1 c) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the last partial shipment or the last item if you have ordered one set of goods which is delivered in several partial shipments or items.

8.2 To exercise your right of revocation, you must inform us (Melumé Skinscience GmbH, Jahnstraße 71 in 40215 Düsseldorf, e-mail: customer-service@melume-skinscience.com) of your decision to revoke this contract by means of a clear declaration (for example, a letter sent by post or an e-mail). You may use the attached sample revocation form for this purpose, but this is not mandatory. For compliance with the revocation period, it is sufficient that you submit the notification of exercising the right of revocation before expiry of the revocation period.

8.3 Consequences of the revocation

8.3 a) If you have revoked the contract, we shall reimburse you for all payments that we have received from you including the delivery costs (with the exception of the additional costs incurred by your choice of a form of delivery other than the most economical form of standard delivery offered by us) without delay and at the latest within fourteen days from the day on which the message about your revocation of this contract was received by us. We will use the same means of payment for this repayment which you utilised for the original transaction, unless explicitly otherwise agreed with you; on no account will any fees be charged as a result of this repayment. We can refuse the repayment until the goods have been returned to us or until you have provided evidence that you have returned the goods, whichever is earlier.

8.3 b) You must return the goods without delay and in all cases within fourteen days at the latest from the day on which you have informed us of the revocation of this contract to Pick & Pack 24 GmbH, Wiesenstrasse 51a, 40549 Duesseldorf. The period shall be deemed to be met if you send the goods before expiry of the period of fourteen days. You shall bear the direct costs associated with the return of goods which are able to be sent by parcel post. You shall also bear the direct costs associated with the return of goods which are unable to be sent by parcel post.

8.3 c) The costs within Germany are estimated to amount to a maximum of about 300.- EUR. The estimated costs outside Germany will be given on request.

8.4 Exclusion/invalidation of the right of revocation
The right of revocation shall not be deemed to exist in contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer. The right of revocation shall be deemed prematurely invalid in contracts for the delivery of sealed goods which are unsuitable for return for reasons relating to health protection or hygiene if their seal is removed after delivery.

9 Right of revocation for service contracts/contracts for the provision of services

9.1 Right of revocation for consumers
You have the right to revoke this contract within fourteen days without specifying any reasons. The period of the right of revocation shall be fourteen days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us (Melumé Skinscience GmbH, Jahnstraße 71 in 40215 Düsseldorf, e-mail: customer-service@melume-skinscience) of your decision to revoke this contract by means of a clear declaration (for example, a letter sent by post or an e-mail). You may use the attached sample revocation form for this purpose, but this is not mandatory. For compliance with the revocation period, it is sufficient that you submit the notification of exercising the right of revocation before expiry of the revocation period.

9.2 Consequences of the revocation
If you have revoked the contract, we shall reimburse you for all payments that we have received from you including the delivery costs (with the exception of the additional costs incurred by your choice of a form of delivery other than the most economical form of standard delivery offered by us) without delay and at the latest within fourteen days from the day on which the message about your revocation of this contract was received by us. We will use the same means of payment for this repayment which you utilised for the original transaction, unless explicitly otherwise agreed with you; on no account will any fees be charged as a result of this repayment. If you have demanded that the services should begin during the period of the right of revocation, you must pay us a reasonable amount of money that corresponds with the proportion of the services already performed up to the point in time at which you inform us of your exercising of the right of revocation with respect to the contract in comparison with the overall scope of the services intended in the contract.

9.3 Information on a premature invalidation of the right to revocation
The right to revocation shall be deemed to be prematurely invalid, unless the parties have otherwise agreed, in a contract for the provision of services if we have fully rendered the service and have not commenced performance of the service until after the consumer has given their express agreement to do this and at the same time has confirmed their awareness that they will lose their right to revocation upon complete fulfilment of the contract by us.

10 Voluntary Right of Return
In addition to the statutory right of withdrawal, you are entitled to a voluntary right of return for all goods purchased in the online shop. This voluntary right of return extends to a total of 30 days. Even after the expiration of the 14-day withdrawal period, you can terminate the contract by notifying us of the return and sending the goods to the return address within 30 days of receipt (the deadline begins on the day after receiving the goods). To meet the deadline, it is sufficient to dispatch the goods in a timely manner.

11 Guarantee, alternative settlement of disputes

11.1 The statutory guarantee regulations shall apply in cases of defects to the goods. The limitation period for statutory claims for defects is two years and begins with delivery of the goods. The guarantee period is 12 months for companies.

11.2 The product illustrations must not always correspond with the appearance of the delivered goods. Changes in appearance and in the features of the goods may in particular occur after changes in the product range. Claims for defects shall not be deemed to exist where the changes are considered reasonable for the customer.

11.3 Online settlement of disputes in accordance with art. 14 para. 1 of the Regulation on Online Dispute Resolution (ODR): The European Commission provides a platform for the online resolution of disputes which can be found at http://ec.europa.eu/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

12 Damages liability

12.1 We will pay damages in cases of impossibility of performance or default for which we or our legal representatives or agents are responsible. However, in this respect, we shall only be liable for direct and typical damage sustained by the customer. We shall otherwise only be liable for damages if a violation of essential contractual obligations is present or if the customer sustains damage resulting from injury of life, body, and/or health or where we have caused the damage either wilfully or through gross negligence. A liability on our part shall also remain in accordance with the mandatory provisions of the last valid edition of the Product Liability Act.

12.2 Essential contractual obligations are deemed to be those obligations which protect the legal positions of the customer, which are material to the contract that must be granted to the customer under the contract in terms of its subject matter and purpose; also deemed fundamental are such contractual obligations that need to be fulfilled in order for the contract to be properly performed in the first place and on the fulfilment of which the customer regularly relies and may rely.

13 Data protection property rights

13.1 We only collect, process and make use of the personal data of our customers in accordance with and in conformity with the relevant data protection regulations of the Federal Republic of Germany, in particular with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The details are regulated in our Data Protection Declaration https://www.melume-skinscience.com/pages/privacy-police

13.2 Melumé Skinscience shall have all exclusive property rights for the contract products and for the online shop including copyrights, trade mark rights, company rights or other markings and expertise, where present.

14 Miscellaneous

14.1 Contracts between us and the customer shall be subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for International Supply, whereby the mandatory regulations in particular of the law of the country in which the customer is ordinarily resident remain unaffected by this in cases where the customer is a consumer.

14.2 The place of jurisdiction for all disputes and the place of performance shall be Bad Honnef in cases where the customer is a merchant, legal entity under public law or a special fund under public law.

14.3 The contractual language is English. The order text is not stored at our company and can no longer be called up after conclusion of the ordering process. However, the customer can print out their order data immediately after submission of the order.

14.4 The customer shall agree that contract-related communication shall take place in an electronic form.