Terms of service

TERMS AND CONDITIONS

Sales, Delivery, and Payment Terms

Effective from January 9, 2023

DR. BELTER COSMETIC

BelCos Cosmetic GmbH, Wodanstrasse 12, D-38106 Braunschweig

1. Scope and Contractual Partners

1.1. Transactions are executed in accordance with the DR. BELTER Sales, Delivery, and Payment Terms outlined below. These terms apply to consumers as defined by § 13 BGB for all our contracts, deliveries, and other services based on orders placed with DR. BELTER.

1.2. Individual contractual agreements take precedence over these General Terms and Conditions.

1.3. DR. BELTER reserves the right to modify these Sales, Delivery, and Payment Terms at any time with future effect. The current terms can be saved and/or printed by you and are accessible via our website. Deviating, conflicting, or supplementary provisions or general terms and conditions will not become part of the contract unless explicitly agreed upon in writing.

2. Conclusion of Contract

2.1. All offers in the DR. BELTER online shop are non-binding and subject to change. The products in the DR. BELTER online shop or other offers from DR. BELTER are legally non-binding and serve as an invitation to make an offer (invitatio ad offerendum).

2.2. An electronic ordering process is available in the DR. BELTER online shop for submitting an offer to conclude a contract.

In the shopping cart overview (accessible by clicking the shopping cart icon and the "Edit Cart" button), all items added to the cart can be viewed. The customer can add additional items, remove items, change quantities, and redeem DR. BELTER vouchers. The ordering process can be canceled at any time before clicking the "Proceed to Checkout" button by closing the browser window.

After reviewing the cart and clicking "Proceed to Checkout," the customer chooses whether to order as a guest or log in with existing credentials and continue using the saved customer data. After completing the login process, the contract can be finalized by clicking "Proceed to Checkout," where the customer provides information about the delivery and payment method. Clicking "Next" redirects the customer to the order summary page to confirm the terms and conditions, withdrawal policy, and other options. By clicking "Place Order," the customer submits a legally binding offer to purchase the items in the cart. The customer will immediately receive an email confirming receipt of the order (Order Confirmation), which also includes the DR. BELTER Sales, Delivery, and Payment Terms and additional customer information, if applicable.

2.3. The purchase contract does not become effective upon sending the order confirmation but rather, depending on the customer's payment method, when DR. BELTER sends a confirmation of the purchase contract in writing (Order Confirmation) or delivers the goods. If paying on account, acceptance occurs upon shipping the goods, which, unless otherwise specified in the online shop or by DR. BELTER sales, occurs within three working days of the order. For payment by credit card or PayPal, DR. BELTER accepts the offer and concludes the contract by charging the credit card or PayPal account, which occurs at the time of delivery and simultaneous invoicing.

2.4. The contract language is German.

2.5. The contract between you and DR. BELTER is concluded with:

DR. BELTER COSMETIC

BelCos Cosmetic GmbH

Wodanstr. 12

38106 Braunschweig

Tel: +49 531 238 68 48

Fax: +49 531 34 44 80

https://www.belter-cosmetic.com/shop/

shop@belter.de

Registered Office: Braunschweig

District Court of Braunschweig HRB 1319

VAT ID: DE 114883684; Tax Number: 14/203/30435

Managing Directors: Florian Belter, Sonia Belter-Helal

3. PRICES, DELIVERY, AND SHIPPING COSTS

3.1. The prices listed in the DR. BELTER online shop are final prices, stated in euros (€), and include the applicable statutory VAT. All prices are exclusive of shipping costs. The price at the time of the order is applicable.

3.2. Delivery is made to the address provided by the customer unless a different delivery address is specified during the order process. Deliveries are only possible to addresses within Germany. To ensure postal deliverability, address data entered by the customer undergo a plausibility check.

3.3. Partial deliveries are permissible if some requested items are not in stock, provided this is reasonable for the customer. Subsequent deliveries are free of charge for the customer.

3.4. DR. BELTER charges a flat shipping fee per order. The current rates can be found in the shipping cost table and are also displayed during the electronic ordering process. For payment by cash on delivery, an additional fee is charged, collected by the courier upon delivery. The amount of this fee is also listed in the shipping cost table. No additional taxes or costs (e.g., for shipping packaging) are incurred.

3.5. Special Offers and Free Gifts: If DR. BELTER voluntarily offers one or more free bonus products, vouchers, or similar (hereinafter referred to as "Free Gifts"), the conditions for claiming these Free Gifts are based on the respective promotion terms on the DR. BELTER website. Unless otherwise specified in the promotion terms, the following applies: The promotion cannot be combined with other DR. BELTER offers and/or discounts and is only valid while supplies last. If receiving a Free Gift depends on reaching a minimum purchase value, the claim to the Free Gift expires if the required purchase value is reduced below the threshold due to the return of goods (e.g., due to withdrawal). In such cases, the customer is obliged to return the Free Gift.

3.6. Discounts: Discounts or discount vouchers (e.g., a DR. BELTER voucher with a discount code, a newsletter bonus, or a birthday voucher) can only be redeemed under the terms specified for the respective promotion. Multiple discounts and discount vouchers cannot be combined.

The purchase price plus the flat shipping fee (total price) is due immediately upon conclusion of the contract. Payment of the total price can be made by credit card, SEPA direct debit, instant transfer, Paydirekt, PayPal, or by bank transfer for payments on account.

DR. BELTER may conduct a credit check as part of an order. If the credit check is negative, DR. BELTER may decline delivery against payment on account or SEPA direct debit and offer the customer delivery of the ordered goods against advance payment to mitigate credit risk.

If DR. BELTER provides services in advance, such as purchases on account, DR. BELTER will transmit the customer data provided (name, address, and, if applicable, date of birth) to PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, Germany, for the purposes of credit checks, obtaining information for risk assessment based on mathematical-statistical methods using address data, and verifying the deliverability of the address.

Legal bases for such data transmissions are Article 6(1)(b) and Article 6(1)(f) of the GDPR. Transfers based on these provisions are only permitted if they are necessary to safeguard DR. BELTER's legitimate interests or those of third parties and do not override the interests or fundamental rights and freedoms of the affected person that require the protection of personal data. Detailed information on ICD under Art. 14 GDPR, including business purposes, data storage purposes, data recipients, rights to information, deletion, or correction, etc., can be found in the DR. BELTER privacy policy (https://www.dr-belter-shop.de/datenschutz).

3.7. The following payment methods are generally available to customers in the DR. BELTER shop. However, DR. BELTER reserves the right to limit available payment methods for any order and suggest alternative options:

Credit Card: Upon placing the order, you provide your credit card details. After verifying your legitimacy as the rightful cardholder, the payment transaction is processed simultaneously, and your card is charged.

PayPal: During the order process, you will be redirected to PayPal's website. To pay via PayPal, you must be registered there, log in with your credentials, and confirm the payment instruction to us. Upon completing the order, PayPal is instructed to initiate the payment transaction, which is executed automatically. Further information is provided during the order process.

Sofort by Klarna: After placing the order, you will be redirected to Sofort GmbH's website. To pay via Sofort, you must have an online banking-enabled bank account, authenticate yourself, and confirm the payment instruction to us. The payment transaction is executed immediately, and your account is charged.

Paydirekt: After placing the order, you will be redirected to Paydirekt's website. To pay via Paydirekt, you must have an online banking account registered for Paydirekt, log in with your credentials, and confirm the payment instruction. The payment transaction is executed automatically. Further information is provided during the order process.

Giropay: Pay securely using the Giropay payment service. Payment is received immediately, and your order will be shipped by the next business day at the latest.

Prepayment: Pay by bank transfer in advance. Your order will be shipped no later than the next business day after receipt of payment.

3.8. In case of payment default, DR. BELTER is entitled to charge consumers default interest of 5 percentage points above the base interest rate unless the customer proves a lower loss or DR. BELTER proves a higher loss.

3.9. The customer may only assert a right to refuse performance or a right of retention due to a counterclaim based on the same contractual relationship. Offsetting with counterclaims is only permitted if the counterclaim is undisputed, acknowledged by DR. BELTER, or legally established by a court.

4: RIGHT OF WITHDRAWAL

Right of Withdrawal for Goods

4.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days and starts:

From the day you or a third party designated by you (excluding the carrier) take(s) possession of the goods, provided it concerns a single order with uniform delivery;

From the day you or a third party designated by you (excluding the carrier) take(s) possession of the last good in cases of an order consisting of multiple items delivered separately;

From the day you or a third party designated by you (excluding the carrier) take(s) possession of the last partial shipment or piece, in the case of an order involving the delivery of items in multiple shipments.

If several of the above options apply, the withdrawal period begins only when you or a third party designated by you (excluding the carrier) take(s) possession of the last good, shipment, or piece.

To exercise your right of withdrawal, you must inform us (DR. BELTER COSMETIC, BelCos Cosmetic GmbH, Wodanstrasse 12, D-38106 Braunschweig, Email: shop@belter.de, Phone: +49 (0)531 238 68 48) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email).

To comply with the withdrawal period, it is sufficient for you to send the notification regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of 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 notification. For the refund, we will use the same payment method that you used for the original transaction unless explicitly agreed otherwise. You will not incur any fees as a result of this refund.

For goods that can be shipped as parcels, we may withhold the refund until we have received the returned goods or until you provide proof of their return, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. Non-parcel-shippable goods will be collected by us.

You are responsible for the direct costs of returning the goods. For non-parcel-shippable goods, the costs are a maximum of €190 for returns within Germany and €300 for returns from abroad.

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.

Note: You can securely package the goods for return and use the DHL label we provide for shipment. For non-parcel-shippable goods, we will arrange for a carrier to contact you and organize a pickup. This is an additional service and not a prerequisite for exercising your right of withdrawal effectively.

Exclusion or Premature Expiry of the Right of Withdrawal

The right of withdrawal does not apply to contracts:

For the delivery of goods not prefabricated and made based on an individual choice or specification by the consumer or clearly tailored to the consumer's personal needs;

For the delivery of goods that are liable to deteriorate or expire rapidly.

The right of withdrawal expires prematurely for contracts:

For the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery;

For the delivery of goods that are inseparably mixed with other items after delivery due to their nature.

Right of Withdrawal for Services

You may withdraw from a service contract within fourteen days without providing a reason. The withdrawal period starts on the date of contract conclusion.

To exercise the right of withdrawal, inform us as stated above within the withdrawal period.

Consequences of Withdrawal for Services

If you requested services to begin during the withdrawal period, you will need to pay an amount proportional to the services already provided up to the point when you notify us of your withdrawal.

6: RETENTION OF TITLE

DR. BELTER retains ownership of the goods until the full payment of the total price for the respective delivery has been made by the customer.

7: WARRANTY CLAIMS AND LIABILITY FOR DEFECTS

7.1 General Warranty

The warranty is governed by statutory provisions, subject to the regulations outlined below.

7.2 Minor Deviations

The goods ordered may deviate slightly within reasonable limits from the goods displayed online due to technical representation possibilities, including minor color differences. DR. BELTER does not provide any independent guarantees regarding specific qualities of the goods, including descriptions found on the website.

7.3 Obligation for Return During Replacement

If DR. BELTER provides supplementary performance in the form of a replacement delivery, the customer must return the initially delivered goods to DR. BELTER within 20 days at DR. BELTER's expense. The return must comply with legal requirements. DR. BELTER reserves the right to claim damages under statutory conditions.

7.4 Customer Service Contact

For questions regarding defects or warranty claims, customers can contact customer service at shop@belter.de or by phone at +49 (0)531 238 68 48.

7.5 Exceptions to Warranty Reduction

The reduction of the warranty period to one year does not apply if liability arises from a bodily injury, health damage due to a defect attributable to DR. BELTER, or gross negligence by DR. BELTER or its agents. In addition, DR. BELTER remains liable under the Product Liability Act.

7.6 Extended Scope of Exclusion

Any exclusions or limitations of DR. BELTER's liability also extend to employees, representatives, and agents.

8: DAMAGES AND LIABILITY

8.1 Product Usage Disclaimer

DR. BELTER products are highly effective and require proper use. Improper application may lead to irritation or harm. Adequate consultation by qualified professionals is usually necessary before selecting and applying DR. BELTER products. Instructions for use must be strictly followed, particularly for individuals with sensitive skin, those prone to allergic reactions, or post-operative individuals.

8.2 General Exclusion of Liability

All claims for damages arising directly or indirectly from the services or products, regardless of the legal grounds, are excluded to the extent permitted by law.

8.3 Exemptions from Exclusions

Liability exclusions and limitations do not apply to:

Damages resulting from injury to life, body, or health;

Damages caused by intentional or grossly negligent breaches by DR. BELTER or its agents;

Damages arising from guaranteed qualities or fraudulent concealment of defects.

8.4 Limitation for Cardinal Obligations

For breaches of essential contractual obligations (cardinal duties) due to simple negligence, liability is limited to foreseeable, typical contractual damages. DR. BELTER may provide evidence of lesser damage. Cardinal duties are those necessary for fulfilling the contract's purpose, which the customer regularly relies on and may expect to be fulfilled.

8.5 Product Liability Law

Provisions under the Product Liability Act remain unaffected by liability exclusions or limitations.

9: DATA COLLECTION AND PROCESSING

DR. BELTER collects, stores, and processes customer data as part of contract fulfillment. Details are provided in DR. BELTER's Privacy Policy, available on its website.

10: ALTERNATIVE DISPUTE RESOLUTION

10.1 Attempt for Amicable Settlement

DR. BELTER strives to resolve disputes arising from purchase agreements amicably. However, DR. BELTER is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10.2 Online Dispute Resolution Platform

The European Commission offers an Online Dispute Resolution (ODR) platform, accessible at http://ec.europa.eu/odr. This platform allows consumers to settle disputes related to online orders without involving a court.

11: RIGHTS OF USE AND CUSTOMER REVIEWS

11.1 Granting of Rights

DR. BELTER grants customers a non-exclusive, non-transferable right to use the DR. BELTER content made available to them through or on the DR. BELTER webshop for personal purposes. This includes the right to reproduce DR. BELTER content on their own device, unchanged, when and to the extent that such reproduction is necessary for using the content and the content is intended and suitable for reproduction. Customers are not granted any further usage rights. Unless explicitly permitted in these terms of use, customers may not, in particular, share DR. BELTER content provided to them, in whole or in part, with third parties, grant third parties access to it, modify or edit the content in ways other than those expressly intended by DR. BELTER, or use it to create their own database or information service.

11.2 Customer-Provided Content

If customers choose to post content using functionalities provided by DR. BELTER on the DR. BELTER website, they grant DR. BELTER a non-exclusive right to reproduce, distribute, make publicly available, and otherwise publish their posted content, whether edited or unedited, in connection with DR. BELTER products and services. DR. BELTER may use the content under the name provided by the customer but reserves the right to shorten or omit this attribution, display content only for a limited period on the website, or modify and edit the content.

11.3 Disclaimer Regarding Posted Content

DR. BELTER emphasizes that content posted by users reflects solely the personal opinions of those users and does not necessarily represent the opinions of DR. BELTER.

12: FINAL PROVISIONS

12.1 Governing Law

All business relationships arising from or in connection with this agreement are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state where the consumer resides is not withdrawn.

Version: January 2023