General Terms and Conditions
Art. 1 Fundamental Provisions
(1) The below General Terms and Conditions as amended at the time of placing the purchase order, apply to a purchase order placed by the customer (hereinafter “Customer” or “you”) on the website https://ioniqskin.com (hereinafter “IONIQ Shop” or “Shop”) of IONIQ Skincare GmbH & Co. KG; Otto-Lilienthal-Strasse 18, D-88677 Markdorf, Germany (hereinafter referred to as “Provider”). Any integration of the terms and conditions of the Customer is hereby objected to.
(2) The language of the contract shall be German. The text of the contract will be stored. The products displayed in the IONIQ Shop will be sold exclusively to consumers. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be allocated to their commercial nor their self-employed professional activity. Any commercial resale of the products bought in the IONIQ Shop shall be prohibited and will be prosecuted by legal measures. Contract data can be downloaded, printed or stored electronically prior to sending the purchase order through the online shopping basket system. The General Terms and Conditions can also be inspected and stored or printed, at any time, in the IONIQ Shop. If you have a customer account in the IONIQ Shop, you may also inspect the contract after having completed the purchase order in your customer profile.
(3) The offer in the IONIQ Shop is dedicated exclusively to consumers with delivery addresses in Germany and the United Kingdom (exemption: no deliveries can be made to Northern Ireland and the Channel Islands). IONIQ will not conclude a contract with customers who have delivery addresses in other countries.
Art. 2 Contract Partner and Subject Matter of the Contract
(1) The purchase contract will be deemed to be concluded between you as Customer and
IONIQ Skincare GmbH & Co. KG
Commercial register number: HRA 705920
Responsibility: Local Court of Freiburg i. Br.
(2) Subject matter of the contract is the sale of products displayed in the IONIQ Shop and which are available at the time of the purchase order. The availability of a product will always be displayed with the individual product. If any product is unavailable, no purchase order can be created. The details, in particular the essential properties of the products and the accessories delivered with the product are disclosed in the article description and the supplementary information provided with the relevant products, as such are stored in the IONIQ Shop.
Art. 3 Effectiveness of the Contract
(1) The presentation of the products in the IONIQ Shop does not constitute a legally binding offer of the Provider to conclude a contract, but is only a non-binding request to you to make an offer.
(2) You will collect the products displayed in the IONIQ Shop and put them in the integrated shopping basket. After opening the site “Checkout” and after having entered in the data required for concluding the contract, all data of the purchase order will be displayed to you again on the order overview page. By clicking on the button “Buy now”, you send the purchase order and submit a binding offer to the Provider. Before sending the purchase order, you may change the data and products at any time. To do so, you need to click on the pen icon in the order overview page. The offer may only be placed and transmitted if the Customer accepts our General Terms and Conditions by confirming them which will then be included in your contract.
(3) After receipt of the purchase order, the Customer will receive an automatic confirmation of receipt by email saying that the Provider has received their purchase order. Such an automatic confirmation of receipt informs only about the fact that the Provider received the Customer’s purchase order and does not constitute an acceptance of the offer.
(4) The offer will be accepted and the contract will be concluded when the confirmation about the shipment is sent by email to the email address provided. The Customer will be provided with the text of the contract (consisting of purchase order, GTC and order confirmation) and the invoice and the instructions on the right of revocation on a permanent data carrier (email or hardcopy) (contract confirmation) when the shipping confirmation is sent or, at the latest, when the ordered products are delivered. If the Customer has not received such a contract confirmation within five workdays, they are no longer bound by their purchase order. Any payments which might have been made already, will immediately be reimbursed in such case.
(5) If information on the products in the IONIQ Shop is incorrect, the shipment of products containing the correct information constitutes a new offer and no acceptance of your offer. You may freely decide on our offer. In case of a rejection, the Provider will assume the costs of a return shipment.
(6) The purchase order will be processed and all information required in connection with the conclusion of the contract will be sent by mail, in part, in an automated manner. The Customer shall ensure, insofar as that is reasonable, that the email address stored by the Provider is correct and that the receipt of emails is technically possible.
Art. 4 Prices and Shipping Costs
(1) The prices specified in the IONIQ Shop are deemed inclusive of packaging and value added tax at the legal rate. The price prevailing at the time of the purchase offer shall apply.
(2) Additional shipping costs will arise for each purchase order. The applicable shipping costs that depend on the delivery address and the order value can be retrieved, at any time, from the “Shipping Information” site and you will be informed of such in your shopping basket system and on the order overview page.
Art. 5 Shipment and Availability of Goods
(1) The products will be delivered as shown in the IONIQ Shop. Slight deviations in packaging remain reserved.
(2) The shipment will be handled in Germany by our logistics service provider Fiege Logistik Stiftung & Co. KG in Greven. The definite shipping service provider will be selected depending on the shipping address specified by the Customer. The shipping service providers we use are listed in the overview “Shipping Conditions”
(3) Your data need to be forwarded to the logistics service provider and the definite shipping service provider for the organisation and performance of the shipping, insofar as that is necessary to perform the above-mentioned activities. Your data that will be transmitted to the Provider in the context of concluding the contract will be verified and corrected for the logistical handling – if necessary.
(4) The delivery of the goods will be caused within 1 to 5 working days from the order confirmation by the Provider. The probable delivery period can be seen in the information provided in the Shop.
Art. 6 Payment
(1) The Provider grants the Customer the payment options set out below herein which will be handled by our payment service provider Stripe Payments Europe, Ltd. 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. For more information on payment processing through Stripe Inc., please see the Data Privacy Notice.
a. Credit card payments
We accept MasterCard and Visa. Your credit card account will be debited upon shipment of the product.
b. PayPal payments
If you selected PayPal as your type of payment, you will be forwarded directly to PayPal at the end of the order process. The purchase price will be debited after the successful conclusion of the payment process. As soon as the receipt of payment is posted in our accounts, we will start shipping your goods.
c. Google Pay or Apple Pay payments
If you select the payment type Google Pay or Apple Pay, the payment will be made through your Google or Apple account. Subsequently, you may complete your payment at the end of the check-out process on the order overview page by clicking on the “Apple Pay” or “Google Pay” button – which are each identified by the brand logos of Apple or Google – without entering any additional payment information. A requirement is that you either have an active Google Pay Account or an active Apple Pay Account which is stored on the terminal device you use. For more information on the payment options in Google, please visit https://pay.google.com/intl/de_de/about/or for Apple Pay see https://www.apple.com/de/apple-pay/. As soon as the receipt of payment is posted in our accounts, we will start shipping your goods.
d. Klarna payments
Our external partner Klarna Bank AB (publ) (https://www.klarna.com/de/, hereinafter referred to as “Klarna”) provides you with the options to purchase on account, make immediate transfers and hire purchase.
If you chose purchase on account, the invoice amount will fall due for payment to Klarna on the calendar day mentioned in the invoice (14 calendar days after the invoice date). In case of an immediate transfer, your account will be debited immediately after you placed your purchase order. If you chose hire purchase, you may pay for the goods you bought in the IONIQ Shop by making fixed or flexible monthly instalments under the conditions specified at the cash desk. The instalments will fall due for payment to Klarna at the end of a month after receipt of the monthly instalment. Precondition for using the payment types on account and hire purchase is a successful creditworthiness check by Klarna. If the Customer is granted the options on account or hire purchase after a check of their creditworthiness by Klarna, the payment will be handled in cooperation with Klarna to which we will assign our payment claim. In this case, the Customer may only make the payment to Klarna with debt-discharging effect. Even if the payments are made through Klarna, we will remain responsible for general enquiries from customers (e.g. on goods, delivery period, shipping), returns, complaints, declarations and sending of withdrawals or credit notes. For more information on payments through Klarna, please visit www.klarna.com/de. The General Terms and Conditions of Klarna shall apply (www.klarna.com/de/agb/).
(2) Additional charges might arise for payments made by credit card, PayPal and Klarna. These shall be borne by the Customer and cannot be reimbursed. Additional charges will be disclosed prior to a confirmation of the selected type of payment.
Art. 7 Customer Service
(1) The Provider’s customer service can be contacted as follows: IONIQ Skincare GmbH & Co. KG, Otto-Lilienthal-Strasse 18, D- 88677 Markdorf, Germany, email: email@example.com or by using the chat option (Violet) available in the IONIQ Shop.
(2) Alternatively, please visit https://www.ioniqskin.com/hilfe to use the contact form and the chat function for enquiries or contact the “Ioniq Skincare Help“ through the Facebook or Instagram Messenger (https://www.facebook.com/ioniqskincare/or https://www.instagram.com/ioniq_skincare/), which are products of Facebook Ireland Ltd., or through What’s App. If contact is made, any personal data transmitted will be used for the specific purpose.
Art. 8 Right of Withdrawal, Shipping and Return Costs when Exercising the Right of Withdrawal
(1) For distance selling contracts, consumers have a statutory right of withdrawal, apart from contracts on financial services, about which we will inform you in separate instructions on the right of withdrawal and for which purpose we will provide you with a Sample Withdrawal Form. It is, however, not obligatory to use this Sample. A clear statement (sent by post / fax / email) about your decision to withdraw from the contract shall suffice.
(2) We will immediately confirm having received the withdrawal by email and will provide you with a label to facilitate the return shipment. It is not mandatory for consumers to use it.
(3) If you withdraw from the contract, we will return all payments we received from you, including shipping costs, immediately, however not later than within fourteen days from the day on which we received your message of withdrawal from this contract. We will use the same means of payment for making the repayment that you used for the original transaction, unless that was explicitly otherwise agreed with you; in this case, a fee will be charged to you for such repayment.
(4) We may reject the repayment until we receive the goods or you have provided evidence that you returned the goods. You shall return to us or hand over the goods immediately and in any case not later than within fourteen days from the day on which you inform us about the withdrawal from this contract. The period shall be deemed to be complied with if you send the goods prior to the expiry of the period of fourteen days. We will bear the direct costs for returning the goods. For this purpose, please use the prepared return slip you receive with your invoice and the return label for a return, free of charge, which you may create by using the FAQ on the subject “Return shipment” at www.ioniqskin.com/hilfe.
(5) Please avoid any damage and contamination of the product to be returned by you. Please send it in the original packaging, including any and all accessories to the address disclosed on the return slip and specified in Art. 2 (1) hereof. We recommend using a protective overpack, if necessary. If you no longer have the original packaging, please use a suitable packaging to ensure a sufficient protection against transport damage.
Art. 9 Retention of Title, Set-off and Right of Retention
(1) The product remains the property of the Provider until the full payment of the purchase price. The relevant security rights can be transferred to third parties.
(2) If the Customer is in default of payment with the purchase price to the Provider, the Provider shall have the right to withdraw from the purchase contract and to request the surrender of any goods still unpaid.
Art. 10 Warranty for Material Defects and Guarantees
(1) The warranty for material defects is dependent on the applicable legal provisions. The limitation period for statutory claims for damages shall be two years and will commence upon delivery of the product.
(2) If the Customer is a consumer, they are asked to check the goods for completeness, obvious defects and transport damage after the delivery and to inform the Provider of any complaints as soon as possible. If the Customer fails to comply with such duty, that shall have no effect on the statutory claims for liability for defects or the right of withdrawal.
(3) Any additional guarantee will only apply to the goods offered for purchase by the Provider if such was explicitly stated in the goods description or in the order confirmation for the relevant item.
Art. 11 Provider’s Liability
(1) Claims for damages of the Customer shall be excluded. This shall apply to the exclusion of the Customer's claims for damages resulting from the injury of life, body, health or the violation of essential contractual obligations (duties the fulfilment of which is necessary for achieving the objective of the contract and on the compliance with which the Customer may regularly rely) as well as liability for other damage based on intentional or grossly negligent breach of duty by the Provider, their legal representatives or vicarious agents.
(2) The Provider will only be liable for the foreseeable damage typical for the contract in case of a violation of essential contractual duty caused by simple negligence.
(3) The restrictions of paras. 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider, insofar as claims are asserted directly against them.
(4) The limitations of liability arising from paras. 1 and 2 shall not apply insofar as the Provider maliciously conceals the defect or assumed a guarantee for the quality of the object. The same shall apply insofar as the Provider and the Customer made an agreement on the quality of the object. The provisions of the Product Liability Act shall remain unaffected.
Art. 12 Customer Account
(1) You as Customer will have the option to create a customer account in the IONIQ Shop. The creation of such a customer account is purely voluntary and is not a prerequisite for an order, which can also be carried out as a guest. For the creation of a customer account, it is necessary to register in the IONIQ Shop under “My Account” or during the ordering process. The mandatory information to be provided during the registration (name, address, country, email address and a self-elected password) and voluntary information (phone number) are identified accordingly. When choosing the password, the Customer must take into account that the password shall consist of at least eight characters and contain at least one lower and one capital letter, a digit and a special character.
(2) Registration is free of charge. The Customer will not incur any additional costs when they use the customer account. There is no claim to creating a customer account.
(3) After the registration, the Customer may log in to their customer account on the website of the IONIQ Shop, at any time and may access the functions provided in the customer account.
(4) The Customer is solely responsible for the correctness and completeness of their personal data. The customer is obliged to keep their access and login data in confidence. Any use and utilisation of the customer account by third parties is not permitted. If the Customer has any indications that unauthorised third parties might have become aware of the current access data, the Customer shall notify us thereof immediately in text form.
(5) The following functions are offered by the customer account and will be available to registered Customers after their registration:
- Management of the data disclosed during the registration (e.g. invoice and delivery addresses) and making amendments, supplements and completions;
- Inspection of the order process (past and current purchase orders);
- Fast ordering by using stored address data.
(6) If the Customer has forgotten their password, they can apply for being sent a new one-time password by using the button "Password forgotten?” and entering the e-mail address they stored during the registration. After the first login with the one-time password sent to the stored e-mail address, the Customer will be requested to specify a new password according to the standards set out under Art. 12 (1). The password determined during the original registration process will subsequently no longer be valid.
(7) You may delete the customer account, at any time when you are logged in, by using “My Account” and “My Data”. Deletions cannot be reversed.
Art. 13 Final Provisions
(1) Any and all legal transactions between us as Provider and you as Customer shall be governed by German law. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you placed the purchase order as a consumer and have your usual residence in another country at the time of your purchase order, the applicability of mandatory legal provisions of this country shall remain unaffected by the choice of law.
(2) If individual provisions of these General Terms and Conditions are or become ineffective or null and void, the other provisions shall remain in full force and effect.
(3) Dispute resolution: The EU Commission created an internet platform for online dispute resolution. This platform serves as contact for an out-of-court resolution of disputes relating to contractual obligations arising from online purchase contracts. For more information, please use the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in any dispute resolution proceedings before any consumer arbitration board.
Version of: July 2021
Instructions on the Right of Withdrawal
Consumers have a right of withdrawal for distance selling contracts apart from contracts on financial services according to the legal provisions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be allocated to their commercial nor their self-employed professional activity.
Otherwise, the provisions set out in detail below shall apply to the right of withdrawal:
Sample Instruction on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from the contract within fourteen days without stating reasons. The period of withdrawal is fourteen days from the day on which you or a third party appointed by you who is not the shipper have or has taken possession of the last product.
In order to exercise your right of withdrawal, you need to inform us about your decision to withdraw from this contract in a clear declaration sent through one of the following types of communication. You may use the Sample Withdrawal Form attached/below, but are not obliged to do so.
IONIQ Skincare GmbH & Co. KG
In order to comply with the period of withdrawal it suffices that you send the notification on the exercise of the right of withdrawal prior to the expiry of the withdrawal period.
Consequences of the Withdrawal
If you withdraw from this contract, we will repay to you all payments which we received from you, including shipping costs (apart from any additional costs arising from the fact that you elected a different shipping type than the most inexpensive type offered by us), immediately and not later than fourteen days from the day on which we received the notification about your withdrawal from the contract. We will use the same means of payment for making the repayment that you used for the original transaction, unless that was explicitly otherwise agreed with you; in this case, a fee will be charged to you for such repayment.
We may reject the repayment until we receive the goods or until you provide evidence that you have returned the goods.
You shall return to us or hand over the goods immediately and in any case not later than within fourteen days from the day on which you inform us about the withdrawal from this contract. The period shall be deemed to be complied with if you send the goods prior to the expiry of the period of fourteen days. We will bear the direct costs for returning the goods.
You only need to pay for any loss of value of the goods if such impairment results from handling of the goods which is not necessary for a verification of the quality, properties and functioning of the goods.
End of the Instructions on the Right of Withdrawal
Exclusion of the Right of Withdrawal
The right of withdrawal shall not apply to the following agreements, unless otherwise agreed between the parties:
1. Agreements on the delivery of goods which are not prefabricated and for the manufacturing of which an individual selection or intent is decisive by the consumer or which are clearly tailored to the personal needs of the consumer;
2. Agreements on the delivery of goods which might perish or whose best before date might quickly be exceeded,
3. Agreements on the delivery of sealed goods - this also includes sealed cartridges which are not suited for return for reasons of health protection or hygiene, insofar as their sealing was removed after the delivery;
4. Agreements on the delivery of goods, if the latter were inseparably mixed with other goods after the delivery based on their quality.