Terms of service
Your Provider and Contracting Partner
So’ham Skin LDA
Registered office:
Rua do Bairro Social 38
8670-440 Rogil
Portugal
Web: www.sohamskin.com
Email: info@sohamskin.com
Managing Director: Kim Witt
Registration number (Portugal):
NIF: 518459950
Information on Online Dispute Resolution
Scope: Germany
The European Commission provides a platform for online dispute resolution (ODR), which you can find here:
https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You may also contact us by email at info@sohamskin.com.
Scope: Austria
The European Commission provides a platform for online dispute resolution (ODR), which you can find here:
https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You may also contact us by email at info@sohamskin.com.
Scope: Portugal
The European Commission provides a platform for online dispute resolution (ODR), which you can find here:
https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You may also contact us by email at info@sohamskin.com.
Table of Contents
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Special Provisions for Beauty Subscriptions
Applicable Law
Place of Jurisdiction
Information on Online Dispute Resolution
Final Provision
Copyright
1. Scope
1.1
These General Terms and Conditions (hereinafter “GTC”) of So’ham Skin LDA (hereinafter “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods and/or services presented by the Seller in its online shop.
1.2
The Seller objects to the inclusion of the Customer’s own terms and conditions unless otherwise agreed.
1.3
These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional.
An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership acting in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2. Conclusion of Contract
2.1
The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.
2.2
The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that concludes the order process. The Customer may also submit the offer by telephone to the Seller.
2.3
The Seller shall immediately confirm receipt of the offer and may accept the Customer’s offer within a maximum of two days by email.
The contract is concluded upon receipt of the Seller’s acceptance email by the Customer.
If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4
When submitting the offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email or letter) after conclusion of the contract together with these GTC. In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account using the corresponding login data.
2.5
The Customer is not entitled to maintain multiple customer accounts simultaneously. We reserve the right to merge or delete multiple registrations and to modify, terminate or delete customer accounts that violate this provision.
2.6
All entries and selections made by the Customer are displayed again in an order overview before the binding submission of the offer or order and can be corrected there using standard keyboard and mouse functions.
2.7
The German language shall be exclusively available for the conclusion of the contract.
2.8
Order processing and contact generally take place via automated order processing and email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3. Right of Withdrawal
3.1 Right of Withdrawal – Purchase Contracts
3.2 Withdrawal Instruction
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period shall be 14 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
By way of derogation, the 30-day withdrawal period for beauty subscriptions begins when you or a third party designated by you, who is not the carrier, have taken possession of the last goods of the first delivery (“first delivery interval”).
To exercise your right of withdrawal, you must inform us (So’ham Skin LDA, Rua do Bairro Social 38, 8670-440 Rogil, Portugal, email: info@sohamskin.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal.
We will use the same means of payment for reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees.
We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
You must return or hand over the goods without undue delay and in any event no later than 30 days from the day on which you inform us of the withdrawal to our logistics partner.
Return addresses / logistics partners:
Germany (return address):
Annenstraße 20
30171 Hannover
Portugal (return address):
Rua do Bairro Social 38
8670-440 Rogil, Portugal
The deadline is met if you send the goods before the expiry of the 14-day period.
Return shipping costs:
We bear the cost of returning the goods.
You shall bear the direct costs of returning the goods if the return shipment does not originate from Germany or Portugal.
You shall only be 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.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
3.2 Right of Withdrawal – Service Contracts
Withdrawal Instruction
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period shall be 30 days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (So’ham Skin LDA, Rua do Bairro Social 38, 8670-440 Rogil, Portugal, email: info@sohamskin.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal.
We will use the same means of payment for reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees.
If you have requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you informed us of the exercise of the right of withdrawal, in comparison with the total scope of the services provided for in the contract.
3.3 General Notes
Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and all packaging components if possible. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
Please note that the above-mentioned item 1 is not a prerequisite for the effective exercise of the right of withdrawal.
Model Withdrawal Form
(If you wish to withdraw from the contract, please print out this form and send it back to:)
So’ham Skin LDA
Rua do Bairro Social 38
8670-440 Rogil
Portugal
Email: info@sohamskin.com
Alternatively, return to (Germany):
Frieda-Nadig-Straße 12
30880 Laatzen
Germany
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) / Date:
(*) Delete as appropriate.
4. Prices and Payment Conditions
4.1
Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2
For deliveries to countries outside the European Union, additional costs may arise that are not attributable to the Seller and must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery does not take place in a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3
If the Customer selects the advance payment method, payment shall be due upon receipt of the Seller’s payment request in the contract confirmation email and must be paid within ten (10) days of receipt of this email. The Seller will inform the Buyer of receipt of payment without delay by email. If payment is not received within the 10-day period, the Seller is entitled to withdraw from the sale. In this case, the Seller will inform the Buyer of the withdrawal and refund any payments received late.
4.4
If payment is made via PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) in accordance with the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5
If the “purchase on account” payment method is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within fourteen (14) days of receipt of the invoice enclosed with the goods shipment, unless otherwise agreed.
4.6
If the credit card payment method is selected, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (https://stripe.com/), to whom the Seller assigns its payment claim. Stripe Payments Europe Ltd. collects the invoice amount from the Customer’s specified credit card account. As a result of the assignment, payment can only be made to Stripe Payments Europe Ltd. with discharging effect. The credit card is charged immediately after the Customer submits the order via the Seller’s online shop. The Seller remains responsible for general customer inquiries even when selecting credit card payment via Stripe, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or refunds. Reference is made to the information provided by Stripe Payments Europe Ltd. pursuant to Article 13 GDPR regarding the processing of credit card payments at
https://stripe.com/de/privacy#translation.
4.7
Invoices are provided to the Customer for the various payment options as follows:
Advance payment: payment request in contract confirmation email + invoice accessible in the online customer account
PayPal: payment request in contract confirmation email + invoice accessible in the online customer account + separate email delivery
Purchase on account: invoice enclosed with goods shipment + invoice accessible in the online customer account
Credit card: payment request in contract confirmation email + invoice accessible in the online customer account + separate email delivery
5. Delivery and Shipping Conditions
5.1
Delivery shall take place by the approximate date stated at the time of contract conclusion, but no later than ten (10) days after conclusion of the contract. If the Customer selects advance payment, delivery shall take place within ten (10) days from the date on which the Seller notifies receipt of payment.
5.2
There is no minimum order value. Free products may only be ordered in conjunction with paid products.
5.3 Shipping costs (including statutory VAT)
All orders are shipped from Portugal.
Deliveries within Portugal, the EU (including Germany), Austria, and Switzerland:
Our standard shipping costs are EUR 6.95 (including statutory VAT); delivery is free of charge for orders of EUR 89.00 or more.
Deliveries to Non-EU countries:
Our standard shipping costs are EUR 15.65 (including statutory VAT).
For Austria, shipping is free for orders of EUR 89.00 or more.
Within Europe (EU and non-EU countries), shipping is free for orders of EUR 150.00 or more.
5.4
Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. In deviation, if PayPal is selected as payment method, the delivery address stored with PayPal at the time of payment shall be decisive.
5.5
If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the goods, unless the Seller had announced delivery a reasonable time in advance.
5.6
Self-collection by the Customer is not possible for logistical reasons.
5.7
Gift vouchers are sent to the Customer by email.
6. Retention of Title
If the Seller makes advance delivery, it retains ownership of the delivered goods until full payment of the purchase price owed has been made.
7. Liability for Defects (Warranty)
7.1
If the goods are defective, the statutory provisions on liability for defects shall apply.
7.2
The Customer is requested to report goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
8. Redemption of Promotional Vouchers
Promotional vouchers may only be redeemed under the conditions stated for them and within the specified period. Cash payment is excluded.
9. Redemption of Gift Vouchers
Gift vouchers may be redeemed in the online shop. Cash payment is excluded.
10. Special Provisions for Beauty Subscriptions
If the Seller offers beauty subscriptions, supplementary conditions apply, which are displayed separately as part of the respective subscription offer.
11. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. Mandatory provisions of the law of the state in which the Customer has their habitual residence shall remain unaffected.
12. Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer’s professional or commercial activity.
In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.
13. Information on Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here:
https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Contact: info@sohamskin.com
14. Final Provision
Should one or more provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
14. Copyright
© So’ham Skin LDA – The pages of the shop and their components, including images, may be protected by copyright. Use, in particular reproduction and imitation, even in excerpts, is only permitted with the permission of So’ham Skin LDA.