Terms of service

General Terms and Conditions (GTC)

1. Scope of application

(1) These GTC apply to all orders placed via the online shop skinion-x.com between
H-pro GmbH, Leonardo-da-Vinci-Straße 12, I-39100 Bolzano (BZ), Italy (hereinafter “we/us”) and consumers as well as business customers.
(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession (Section 13 German Civil Code – BGB). A business customer (entrepreneur) is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession (Section 14 BGB).
(3) Diverging terms and conditions of the customer do not apply unless we have expressly agreed in writing to their validity.

2. Contracting party, contact details

H-pro GmbH, Leonardo-da-Vinci-Straße 12, I-39100 Bolzano (BZ), Italy
Commercial Register Bolzano (Registro delle Imprese di Bolzano): BZ-249565
VAT ID No.: IT03313080214
E-mail: support@skinion-x.com
Web: www.skinion-x.com

3. Conclusion of contract in the online shop

(1) The presentation of products in the shop does not constitute a legally binding offer, but a non-binding product display only.
(2) By completing the order process (clicking the Buy/Order button), the customer submits a binding offer to conclude a purchase contract for the items in the shopping cart.
(3) After submitting the order, the customer receives an automated order confirmation by e-mail. This order confirmation merely documents the receipt of the order and does not yet constitute acceptance of the offer.
(4) A contract is only concluded by our express declaration of acceptance (e.g. by e-mail) or by shipping confirmation or dispatch of the goods – whichever occurs first.
(5) The technical steps leading to the conclusion of the contract, options for correcting entries and storage functions are explained during the order process.

4. Contract language, storage of contract text

(1) The contract language is German.
(2) We store the contract text (order data and GTC) and send the customer the order data by e-mail. The GTC can be accessed at any time in the shop. For registered customers, past orders can be viewed in their customer account.

5. Prices, shipping costs, payment methods

(1) All prices are in euros and include statutory value added tax but are exclusive of any shipping costs. These are shown transparently during the order process.
(2) Available payment methods (depending on country): credit card, PayPal, Klarna (e.g. Sofort/Pay Now, and where applicable Pay Later/instalment purchase), Google Pay (wallet via stored means of payment) as well as other options displayed at checkout.
(3) Unless otherwise stated, payment is due immediately upon conclusion of the contract. Any fees charged by third parties (e.g. payment service providers) will be shown during checkout.

6. Delivery, delivery area, partial deliveries

(1) We deliver with DHL (and, where applicable, affiliated partners) to the delivery address specified by the customer.
(2) Delivery area: currently the European Union.
(3) Delivery times are stated in the respective offer.
(4) Partial deliveries are permitted where they are reasonable for the customer. Any additional costs incurred as a result will be borne by us.

7. Transfer of risk, transport information

(1) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to the consumer or a recipient designated by the consumer only upon handover of the goods.
(2) For business customers, the risk passes upon handover to the carrier/freight forwarder.
(3) Consumers are requested to report any obvious transport damage to the delivery agent as soon as possible and to inform us accordingly. Failure to do so has no effect on statutory warranty rights, but helps us to pursue our own claims.

8. Retention of title

(1) The goods remain our property until payment has been made in full.
(2) In relation to business customers, the following additionally applies: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security prior to transfer of title is not permitted.

9. Right of withdrawal for consumers

(1) Consumers are entitled to the statutory right of withdrawal in accordance with our cancellation policy (Widerrufsbelehrung).
(2) Exceptions (including sealed hygiene products/first-layer garments after the seal has been broken, custom-made products) are set out in the cancellation policy.
(3) Business customers are not granted a voluntary right of withdrawal.

10. Statutory liability for defects (warranty)

(1) The statutory provisions on liability for defects apply.
(2) For consumers: Statutory claims remain unaffected.
(3) For business customers:
a) A prerequisite for claims based on defects is compliance with the duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
b) The limitation period for claims based on defects is 12 months from the transfer of risk; this does not apply to recourse claims under Sections 445a, 445b BGB, cases of intent, gross negligence, injury to life, limb or health, or guarantees.
c) In the event of subsequent performance, the choice of the type of subsequent performance is at our discretion.

11. Liability

(1) We are fully liable for intent and gross negligence, for culpably caused injury to life, limb or health, as well as under the provisions of the Product Liability Act and where a guarantee has been assumed.
(2) In the event of simple negligence in breaching material contractual obligations (cardinal obligations), our liability is limited in amount to the foreseeable damage typical for the contract at the time the contract was concluded.
(3) Otherwise, liability for simple negligence is excluded.
(4) The above provisions also apply to breaches of duty by our legal representatives or vicarious agents.

12. Set-off, right of retention

(1) The customer is entitled to a right of set-off only insofar as his or her counterclaims have been finally adjudicated, are undisputed or are ready for decision by a court.
(2) A right of retention may only be exercised on the basis of claims arising from the same contractual relationship.

13. Vouchers, discount codes (if used)

(1) Promotional vouchers/discount codes can be redeemed once within the specified period, are non-transferable and cannot be paid out in cash.
(2) Remaining balances expire; combining several promotions is only permitted where this is expressly stated.
(3) Gift vouchers are transferable and can be redeemed within the statutory periods; cash payment is excluded to the extent permitted by law.

14. Data protection

We process personal data for the purpose of handling contracts and in accordance with our privacy notice (Privacy Policy) on skinion-x.com. There you will also find information on payment service providers, cookies/tracking and your rights.

15. Online dispute resolution, consumer arbitration

(1) The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. Applicable law, place of jurisdiction

(1) The law of the Italian Republic applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Bolzano (BZ), Italy.

17. Final provisions

(1) Amendments and additions must be made in text form (e.g. by e-mail), unless stricter formal requirements apply. Statutory rights remain unaffected.
(2) Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provision shall apply.