Terms and Conditions
1. Scope
1.1. Our medical products may only be used by authorized and trained specialists, i.e. by members of the medical profession who are authorized to do so (such as doctors, alternative practitioners). We expressly point out that our products may not be used by unauthorized persons, i.e. by persons who are not authorized to do so (such as doctors, alternative practitioners)! The liability information described in regulation no. 8 of our general terms and conditions must be accepted.
In addition, before submitting your order, you must confirm your eligibility to do so by clicking on the button “I confirm that I am a member of a healthcare profession authorized and approved to use the products selected in the shopping cart”.
As an ordering and/or applying doctor or alternative practitioner, you assume all risks of the application and use of our products as described in Regulation No. 8 of these Terms and Conditions.
All products, services and procedures offered in our online shop are purely cosmetic. They do not represent medical treatment of ailments or illnesses. We do not provide medical diagnoses, information, advice or recommendations regarding the treatment of specific illnesses or cosmetic-aesthetic treatment methods and do not accept any liability for this.
1.2. The following terms and conditions apply to all orders placed via our online shop by consumers and businesses. You can also access and read the full version of these on our homepage www.mysqin.de and www.mysqin.shop. The version of the terms and conditions valid at the time the contract is concluded is decisive.
1.3. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4. These General Terms and Conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting party
The contract is concluded with the company
Mysqin GmbH
Fritz-Vomfelde-Str. 34
40547 Düsseldorf
Phone: +49 176 40417232
E-Mail: order@mysqin.de
www.mysqin.de and www.mysqin.shop
Managing Directors:
Ms. Schiwa Ghaemmaghami
Ms. Claudia Malek
Register court: District Court of Düsseldorf, HRB 93125
DE343695563
3. Offer / Conclusion of Contract / Prices
3.1. The presentation of the products in our online shop does not constitute a legally binding offer to conclude a contract. Rather, it is a non-binding offer. Our prices are based on our price list, in the most current version, unless otherwise agreed in writing. We expressly reserve the right to change prices, make technical changes or sell the products prior to delivery. Unless otherwise agreed in individual cases, our prices at the time of conclusion of the contract apply, ex warehouse, plus statutory sales tax.
3.2. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After accessing the "checkout" page, you enter your personal data and select the payment and shipping conditions.
Finally, all order data will be displayed again on the order overview page. You can change and view the data at any time before submitting the order.
However, your order can only be placed and transmitted if you have previously confirmed your affiliation with a medical profession authorized and approved to use the products selected in the shopping cart by clicking on the button "I confirm that I am a member of a medical profession authorized and approved to use the products selected in the shopping cart" and clicking on the button "Accept General Terms and Conditions" and have accepted our General Terms and Conditions (opt-in selection).
By submitting your order via the online shop by clicking on the button “order with payment”, you submit a legally binding order offer.
3.3. We will immediately confirm receipt of your order placed via our online shop by email. Such a confirmation email does not constitute a binding acceptance of your order, unless it also states acceptance in addition to confirmation of receipt. The automatic confirmation of receipt therefore only documents that we have received your order and does not constitute acceptance of the application.
3.4. A contract is only concluded when we accept your order by email through a declaration of acceptance. The contract is therefore only concluded when we submit the declaration of acceptance, which is sent with a separate email (order confirmation). In this email, we will send you the contract text (consisting of the order and order confirmation) on a permanent data medium (email or paper printout) (contract confirmation). The contract is concluded in German.
3.5. If it is not possible to process your order, we will refrain from accepting it. You will receive a notification from us to this effect. In this case, no contract will be concluded. We will inform you of this immediately and, if applicable, immediately refund any consideration already received.
3.6. We are entitled to make price changes due to changes in the contractual product or due to changes in the requirements for the contractual product and its provision, provided that the customer is an entrepreneur.
3.7. The customer is only entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed.
4. Terms of payment and delivery
4.1. When booking online, you can pay by Paypal, Klarna, Sofortüberweisung, Giropay. We are entitled to request payment in advance and only provide our service after receipt of the invoice amount. As a regular customer, you can also order on account. The payment deadline is then 8 days from delivery of the shipment. You are classified as a regular customer after several successful transactions have been completed with you.
There is no general right to payment by invoice. We reserve the right to refuse payment by invoice in individual cases. We also reserve the right to make certain payment methods dependent on a credit check or a maximum order quantity, or to change them or no longer offer them.
4.2. The goods can only be ordered for shipping, i.e. they cannot be picked up by the customer. Shipping is carried out by the reliable shipping service provider DHL. As standard, shipments are insured up to a goods value of 600€. For higher-value orders, additional insurance is taken out with our shipping partner at no additional cost. Additional or higher shipping costs apply for express shipping and for shipping outside Germany.
Delivery takes place from the warehouse, which also serves as the place of performance for delivery and any subsequent performance. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular the transport company, the shipping route and the packaging) at our own discretion.
Shipping within Germany
Shipping is subject to a flat shipping fee of €6.90. Shipping costs are waived for net order values of €600 or more.
Shipping to Austria
Shipping to Austria is a flat rate of €16.90, regardless of the order value. Express shipping to Austria is available for €29. Our
Shipping costs for international deliveries
For standard shipping to other countries, shipping costs range from €16.90 to €59, depending on the destination country, while express shipping costs between €29 and €59. These shipping costs apply regardless of the order value. Any taxes, customs duties or import fees are borne by the buyer.
Shipment tracking
Your DHL shipment can be tracked at any time using a tracking number. After your shipment has been picked up, you will receive an automated email with the tracking number.
4.3. Section 447 of the German Civil Code (BGB) stipulates that the transport risk and the transport danger, i.e. the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay, are transferred to the (commercial) buyer, i.e. to you as the entrepreneur, in the case of a sale by dispatch, i.e. as soon as we have delivered the ordered goods to the forwarding agent, carrier or the person or institution designated to carry out the shipment. If the goods are damaged on the way to you, you cannot demand compensation from us.
5. Right of withdrawal for consumers
5.1. Consumers have a statutory right of withdrawal. Business owners are not granted a voluntary right of withdrawal. If you are a business owner within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or independent professional activity when concluding the contract, the right of withdrawal does not apply.
5.2. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), you have a right of cancellation in accordance with the statutory provisions. In addition, the provisions that are set out in detail in the following cancellation policy apply to the right of cancellation:
5.3. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. This is the day on which we accepted your order.
To exercise your right of withdrawal, you must contact us
Mysqin GmbH
Fritz-Vomfelde-Str. 34
40547 Düsseldorf
E-Mail: order@mysqin.de
www.mysqin.de and www.mysqin.shop
managing directors
Ms. Schiwa Ghaemmaghami
Ms. Claudia Malek
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the model withdrawal form included under number 5.4 for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including any delivery costs charged (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you are unable to return the service you have received in whole or in part, or only in a deteriorated condition, you may be required to pay us compensation for the loss in value. This may mean that you must nevertheless fulfil your contractual payment obligations for the period up to the date of cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline
For you, the cancellation period begins with the dispatch of your declaration of revocation and for us with its receipt.
Special Notes
Your right of withdrawal expires prematurely if the contract has been fully fulfilled by both parties before you have exercised your right of withdrawal.
– End of the cancellation policy –
5.4. We will inform you about the model cancellation form in accordance with the statutory provisions as follows: Model cancellation form.
6. Retention of title
6.1. We retain title to the goods sold until all of our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full. The goods subject to retention of title may not be pledged to third parties or assigned as security until the secured claims have been paid in full. The buyer must notify us immediately in writing if an application for the opening of insolvency proceedings is made or if third parties (e.g. seizures) access the goods belonging to us.
6.2. If the buyer acts in breach of contract, in particular if the purchase price is not paid when due, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not simultaneously imply a declaration of withdrawal; rather, we are entitled to simply demand the return of the goods and reserve the right to withdraw. If the buyer does not pay the purchase price when due, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if such a deadline is unnecessary under the statutory provisions.
6.3. The retention of title extends to the products resulting from the processing, mixing or combining of our goods at their full value. If the ownership rights of third parties remain in place during processing, mixing or combining with goods of third parties, we acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods.
6.4. The buyer hereby assigns to us as security any claims against third parties arising from the resale of the goods or the product, either in full or in the amount of our possible co-ownership share. We accept the assignment.
7. Warranty / Force Majeure
7.1. The statutory provisions apply to the rights of the buyer in the event of material and legal defects (including incorrect and incomplete delivery), unless otherwise specified below. In all cases, the special statutory provisions for the final delivery of the unprocessed goods to a consumer remain unaffected, even if the consumer has further processed them (supplier recourse in accordance with Section 478 of the German Civil Code).
7.2. Deviating from Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB), the general limitation period for your claims as an entrepreneur arising from material and legal defects is one year from delivery. The above limitation period under the law of purchase also applies to contractual and non-contractual claims for damages by the buyer that are based on a defect in the goods, unless the application of the regular statutory limitation period (Sections 195, 199 of the German Civil Code) would lead to a shorter limitation period in individual cases.
7.3. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
7.4. We are generally not liable for defects that the buyer is aware of at the time of conclusion of the contract or that he is not aware of due to gross negligence (§ 442 BGB). Furthermore, the buyer's claims for defects require that he has complied with his statutory inspection and complaint obligations (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified of this immediately in writing. In any case, obvious defects must be reported in writing within 7 working days of delivery and defects not apparent during inspection within the same period of time from discovery. If the buyer fails to carry out the proper inspection and/or report the defect, our liability for the defect that was not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions.
7.5. If the delivered item is defective, we can initially choose whether to provide subsequent performance by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected. We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. The buyer is, however, entitled to retain a portion of the purchase price that is appropriate in relation to the defect.
7.6. The buyer must give us the time and opportunity required to provide the subsequent performance owed, in particular by handing over the defective goods for inspection purposes. In the event of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions.
7.7. We will bear or reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, in accordance with the statutory provisions if a defect actually exists. Otherwise, we can demand reimbursement from the buyer for the costs incurred as a result of the unjustified request for remedy of the defect (in particular inspection and transport costs), unless the lack of defect was not recognizable to the buyer.
7.8. The buyer's claims for damages or reimbursement of wasted expenditure, even in the case of defects, only exist in accordance with the following provisions in No. 8 and are otherwise excluded.
7.9 Serious events, such as force majeure (such as the COVID-19 pandemic or similar), official measures (e.g. in the context of the COVID-19 pandemic or similar), industrial disputes, unrest, warlike or terrorist conflicts and events that have unforeseeable, unavoidable and serious consequences for the performance of the service, release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect, even if they are in default. This does not entail an automatic termination of the contract. The contracting parties are obliged to notify each other of such an obstacle and to adapt their obligations to the changed circumstances in good faith. If an adaptation of the contract is not possible or unreasonable for one party, the disadvantaged party can withdraw from the contract. The right of withdrawal is replaced by the right of termination for continuing obligations.
8. Liability
8.1. Our products may only be used by authorized and trained specialists, i.e. by members of the medical profession who are licensed to do so (such as doctors, alternative practitioners). They assume all risks associated with the application and use of our products. We expressly point out that our products may not be used by unauthorized persons, i.e. by members of the medical profession who are not licensed to use our products (such as doctors, alternative practitioners)!
Before submitting your order, you must confirm your authorization to do so by clicking on the button "I confirm that I am a member of a medical profession authorized and approved to use the products selected in the shopping cart." You hereby confirm that this information is correct and complete. As the ordering and/or applying doctor or alternative practitioner, you assume all risks associated with the application and use of our products.
8.2. All products, services and procedures offered in our online shop are purely cosmetic. They do not represent medical treatment of ailments or illnesses. We do not provide medical diagnoses, information, advice or recommendations regarding the treatment of specific illnesses or cosmetic-aesthetic treatment methods.
We do not guarantee and are not liable for information about the application, method, dosage form and dosage of the products ordered. The members of the relevant medical profession (i.e. doctors and alternative practitioners) authorized to use our products are solely responsible for the use of our products and for compliance with all the requirements for use and the legal regulations and standards relevant to their professional practice. Unless explicitly stated otherwise, the treatment recommendations and dosages given refer to adults.
8.3 We shall be liable for ourselves, our vicarious agents and employees – regardless of the legal basis – for damages resulting from injury to life, body or health and for other damages only in the event of intent or gross negligence.
In the case of simple negligence, we are liable, subject to statutory limitations of liability (e.g. due diligence in our own affairs; insignificant breach of duty), only
• for damages resulting from injury to life, body or health,
• for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
8.4. Liability for culpable breach of essential contractual obligations remains unaffected. The claim for damages for culpable breach of essential contractual obligations, default or impossibility for which the debtor is responsible is limited to the foreseeable damage typical for the contract.
8.5. Claims for damages due to impossibility and delay are limited to the amount of the contract value.
8.6. The provisions of the Product Liability Act remain unaffected. We would like to point out that we are not the manufacturer of the products offered in our online shop. If someone is killed, injured or damaged by a product defect, the manufacturer of the product is obliged to compensate the injured party for the resulting damage. In the case of damage to property, this only applies if an object other than the defective product is damaged and this other object is usually intended for private use or consumption and was mainly used for this purpose by the injured party. A manufacturer within the meaning of the Product Liability Act is the person who manufactured the end product, a basic material or a partial product.
9. Copyrights
The content and works published on our website are protected by copyright. Any use not permitted by German copyright law requires the prior written consent of the respective author or creator. This applies in particular to copying, editing, translating, storing, processing or reproduction of content in databases or other electronic media and systems.
10. Data Protection
10.1. We are entitled to collect, store and process your personal data in an automated file within the scope of the order placed and for the purpose of contract processing. If you would like further information or would like to access or revoke any consent you may have expressly given to the use of your inventory data or object to the use of your usage data, our support is also available to you at the email address info@mysqin.de. The data protection declaration posted and accessible on our homepage also applies.
10.2. Data processing is carried out in accordance with the following provisions of the EU General Data Protection Regulation (GDPR):
• Art. 6 para. 1 subparagraph 1 letter b GDPR to fulfil the order placed,
• Art. 6 para. 1 subparagraph 1 letter c GDPR to fulfil legal obligations,
• Art. 6 para. 1 subparagraph 1 letter f GDPR, insofar as data processing is necessary to protect our legitimate interests or the interests of a third party,
• Art. 6 para. 1 subparagraph 1 letter a GDPR, provided that you have given your consent to the processing of personal data concerning you for specific purposes
11. Choice of law and place of jurisdiction
11.1. These Terms and Conditions and the contractual relationship between us and you are governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
11.2. The place of performance and payment is our registered office in Düsseldorf.
11.3. If the customer 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 - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Düsseldorf. The same applies if the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code. However, in all cases we are also entitled to bring an action at the place of performance of the service obligation in accordance with these General Terms and Conditions or a priority individual agreement or at the customer's general place of jurisdiction. Priority statutory provisions, in particular those relating to exclusive jurisdiction, remain unaffected.
11.4. Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
12.1. Changes or additions to the contract or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
12.2. Should individual provisions of these General Terms and Conditions be ineffective or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity of a provision, this contractual relationship shall be based on a provision that comes closest to the original provision in terms of its economic objective. The above provision shall apply accordingly in the event of any gaps in the regulation. In all other respects, the statutory provisions shall apply.
Status: April 2021