GTC
Terms and conditions: https://smilesecret.de, as of 11/21/2019
General Terms and Conditions
1. scope of application
The following general terms and conditions apply to all contracts concluded between the seller SmileSecret GmbH & Co KG, (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://smilesecret.de regarding the goods presented by the Seller in the version valid at the time of the order.
Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
These General Terms and Conditions shall also apply to entrepreneurs without separate inclusion for all current and future contracts, deliveries and other services of the seller.
Terms and conditions of the entrepreneur that conflict with or deviate from these General Terms and Conditions are hereby rejected and shall only be deemed to have been agreed between the seller and the entrepreneur if the seller expressly agrees to their validity in writing.
2 Conclusion of the contract
2.1 The essential characteristics of the goods offered by the seller as well as the validity period of limited offers can be found in the individual product descriptions on https://www.smilesecret.de.
2.2 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.3 The Customer can submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
.2.4 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after the order has been placed
.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract accessible beyond this.2.6 Before placing a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.2.7 Order processing and contact are generally carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.2.8 Technical steps of the order processWhen ordering via the seller's online store, the ordering process comprises the following technical steps. First, the buyer selects the desired product by clicking the "Add to shopping cart" button. The products in the shopping cart are then displayed to the buyer. The products in the shopping cart can be deleted by clicking on the "Remove" button. By clicking on the "+" and "-" buttons, the buyer has the option of changing the number of products selected. To complete the order, it is necessary for the buyer to confirm the seller's general terms and conditions and to take note of the cancellation policy by ticking the boxes provided for this purpose. By clicking on the "Checkout" button, the buyer is taken to the next step of the order process, "Customer information". After the buyer has entered his name, his address including billing address and, if applicable, a different delivery address as well as his e-mail address in the fields provided, he can proceed to the next step of the order process "Shipping" by clicking on the button "Continue to shipping method". Only free standard shipping can be selected here. By clicking on the "Continue to payment method" button, the buyer is taken to the next step of the order process, "Payment". After the buyer has decided on a payment method offered by the seller, namely "Credit card", "Paypal", "Sofort", "Invoice with Klarna" or "Installment purchase with Klarna", and has selected this accordingly, the buyer is taken to the order overview page "Check order" by clicking on the "Check order" button. On the order overview page, the buyer has the opportunity to check the data required for the order, the selected payment method and the selected products again before completing the order by clicking on the "Buy now" button.
If the "PayPal" payment method is selected, the buyer is taken to the PayPal website by clicking on the "Buy now" button and, after entering their login details and completing the payment process, is automatically redirected to the order overview page of the seller's online store.
2.9 Cancellation is not possible after the order has been submitted. However, the buyer has the right of withdrawal (see GTC 5.)
3. contract language
The contract language is exclusively German.
4. Storage of the contract text
The text of the contract shall be stored by the seller itself and made available to the buyer by the seller itself before the conclusion of its order and sent again by e-mail after the conclusion of the contract. The GTC can be viewed and downloaded by the buyer at any time on this page. The buyer can view past orders in their customer account.
5. right of withdrawal
5.1 Consumers are entitled to the statutory right of withdrawal in accordance with the seller's withdrawal policy. In the event of withdrawal, a processing fee of €3.90 shall be payable by the buyer. The amount will be deducted from the refunded purchase price.
5.2 The right of withdrawal does not apply to distance selling contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
6. Prices and payment options
6.1 The prices quoted by the seller include the applicable statutory VAT and are to be understood as final prices plus any additional shipping costs that may be incurred. The costs for packaging and shipping are shown separately on the website "Delivery and payment terms"
.6.2 The following payment options are available to the Buyer in the Seller's online store:
a) PayPal
If the buyer chooses the payment method PayPal, the buyer pays the purchase price via the payment service provider PayPal (Europe) S.à r.l. et S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
If the buyer already has a PayPal account, the buyer will be redirected to PayPal and must confirm the payment order to the seller after entering their access data for the buyer's PayPal account. The relevant PayPal terms of use can be viewed at the following link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
If the buyer does not have a PayPal account, the payment can be made after forwarding to PayPal via the "Payments without PayPal account" function. The corresponding terms of use for payments without a PayPal account can be viewed at the following link https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
b) Credit card
If the buyer chooses to pay by credit card, the purchase price will be reserved on your credit card at the time of ordering ("authorization"). The buyer's credit card account is actually debited at the time the seller sends the goods to the buyer
.c) Klarna invoice purchase & installment purchase and instant bank transfer
If the buyer chooses the payment methods prepayment Klarna invoice purchase & installment purchase and instant bank transfer, the buyer pays the purchase price via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm. The payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. You can find the invoice terms for purchase on account for deliveries to Germany here and for deliveries to Austria here.
- Installment purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. Further information on installment purchases including the General Terms and Conditions and the European Standard Information for Consumer Credit can be found here.
- Instant bank transfer: You only need an IBAN, BIC, PIN and TAN. Via the secure payment form of Klarna Bank AB, which is not accessible to merchants, Sofortüberweisung automatically sets up a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account. If you select the Sofortüberweisung payment method, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the purpose of the transfer are already displayed in the form. You must now select the country in which you have your online banking account and enter the BIC. Then enter the same data as when you registered for online banking (IBAN and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use Sofortüberweisung as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find more information on whether your bank supports this service here.
The use of the payment methods prepayment Klarna invoice purchase & installment purchase and instant bank transfer requires a positive credit check. We therefore forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here and for Austria here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy for Germany and Austria.
7. delivery and shipping conditions
7.1 Unless otherwise agreed, the goods shall be delivered by shipping to the delivery address specified by the Buyer in the order process.
7.2 The goods shall be delivered in accordance with the shipping costs and delivery times stated on the website "Delivery and payment terms" and in the product description.
7.3 Any customs duties or local taxes must be borne by the buyer.
8. Retention of title
The goods shall remain the property of the Seller until full payment has been made.
9. Warranty
The warranty is governed by the statutory provisions.
10. transport damage
In the case of delivered goods with obvious transport damage, the buyer is requested to complain about this immediately to the deliverer and to inform the seller of this. If the buyer fails to make a complaint or contact the seller, this has no effect on the existence of statutory warranty rights.
11 Liability
The seller excludes its liability for slightly negligent breaches of duty, unless these relate to damages resulting from injury to life, limb or health or guarantees or claims due to fraudulent misconduct or under the Product Liability Act are relevant. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely, remains unaffected. The same applies to breaches of duty by the legal representatives or vicarious agents of the seller.
12. information on online dispute resolution
The EU Commission provides an internet platform for the online resolution of disputes (so-called "ODR platform"), which can be accessed at http://ec.europa.eu/consumers/odr/.
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. codes of conduct
The seller has not submitted to a specific code of conduct.
14 Customer Service
The seller does not offer any customer service beyond the processing of statutory warranty claims.
15. final provisions
15.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
15.2
If the Buyer is an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Buyer shall be the Seller's place of business.
16. money-back guarantee
The money-back guarantee is possible within 30 days and applies ONLY to the PAP+ Complete Set 2.0 (consisting of Phonebleaching + Coco Whitening Strips) and the PAP+ Complete Set (consisting of Phonebleaching + 2597 C Color Corrector)
We have absolute confidence in our products, which is why we offer a 100% results or money back guarantee
.We guarantee that your teeth will whiten by at least 2 shades when using our products.
In the unlikely event that this is not the case with your SmileSecret experience, please read on below.
To qualify for our money-back guarantee, simply follow the instructions below:
16.1. take a clear photo of your teeth before using our products
16.2 Use our products exactly as directed.
16.3. take a clear photo before and after you have completed all applications
16.4. before / after picture must be taken with date and shade chart. There must be at least 7 days in between (for the money-back guarantee)
16.5 Once approved, your refund will be processed
You have 30 days from the date of purchase to claim your money back guarantee
.Attempted claims that do not meet these criteria will not be approved for refund.
With a money-back guarantee, the buyer is responsible for insured return shipping and any shipping costs already incurred by the seller.
*Please ensure that your before and after photos are taken in similar lighting conditions to check for accurate results. Before and after photos must also include valid date and time stamps, as well as the shade chart with the shade highlighted, otherwise a refund will not be given.
17th Influencer Program
By registering in our Influencer Program, the registered person commits to a cooperation consisting of a product placement on Instagram in the form of two Instagram Stories with five sequences each and an Instagram feed post.
The registered person must carry out this cooperation within 21 days of receiving the products.
If the cooperation is not carried out as agreed or not at all, Smile Secret GmbH & Co KG reserves the right to invoice the registered person for the full amount of the products.
18. final provisions
18.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the relevant statutory provisions.
18.2
If the Buyer is an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Buyer shall be the Seller's place of business.
19th PRIZE PLAY
19.1 ORGANIZER
"Black" Weeks competition" is a competition organized by Smile Secret GmbH & Co KG.
19.2 ELIGIBILITY TO PARTICIPATE
Any natural person who has reached the age of 18 may take part. Employees and authorized representatives of Smile Secret GmbH & Co KG, their family members and household members are excluded. Smile Secret GmbH & Co. KG reserves the right to refuse the participation of individual persons from the outset for good cause or to exclude them from the competition at a later date and also to reclaim the prize. Good cause exists, for example, in cases of abuse or fraud (including attempts) or other breaches of the conditions of participation. Smile Secret GmbH & Co KG reserves the right to subsequently withdraw prizes in such cases.
19.3 CONTENT OF THE PRIZE GAMEParticipation in the competition takes place by completing a Smile Secret order in the online store www.smilesecret.de Anyone who has placed a Smile Secret order in the period from 22.11. - 29.11.2021 is eligible to participate. Payment of the prize in cash or transfer to other persons is not possible.
19.4 PARTICIPATION; PRIZE RELEASE
By placing an order, the user agrees that
- In the event of winning, his/her full first name and surname may be published on the homepage and social channels of Smile Secret GmbH & Co. KG
- His or her full name and address will be forwarded as an email to info@smilesecret.de for identification as a winner by means of an identity card from Smile Secret GmbH & Co. KG.
If you are not interested in taking part in the competition, you can indicate this as a note/comment when ordering.
19.5 DATA PROTECTION
Data protection information: The organizer processes personal data only for the purposes of this competition on the basis of the consent of each participant in accordance with Art. 6 para. 1a EU GDPR. Further data protection information can be viewed at any time on our website (https://smilesecret.de/pages/datenschutzerklarung).
19.6 NOTIFICATION OF WINNERSThe winner will be drawn after November 30, 2021. The winners will be informed promptly by email
The winner must contact us by email (info@smilesecret.de) by 10.12.2021 at the latest, presenting their ID card and order number. Otherwise the prize will be forfeited.
19.7 PARTICIPATION PERIOD
The competition begins on 22.11.2021. The participation period ends on 29.11.2021 at 23:59.
19.8 EXCLUSION OF LIABILITY / CHANGE AND PREVIOUS TERMINATION OF THE COMPETITION
The Organizer is not liable for the availability of the Facebook or Instagram website or its own Facebook or Instagram website. The organizer is also not liable for any transmission errors. The organizer reserves the right to terminate the competition prematurely in whole or in part at any time, even without observing deadlines, or to change the course of the competition if it is not possible to carry out the competition properly for technical (e.g. computer virus, manipulation of or errors in software and hardware) or legal reasons. Instagram, Facebook, Apple or Mercedes-Benz are not associated with the competition. All trademark rights are to be protected and remain with the companies without restriction.
19.10 CLOSING PROVISIONSThe law of the Federal Republic of Germany shall apply. Legal recourse is excluded.