Conditions
General terms and conditions of business
1. Scope
1.1 Contracting parties
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of our websites accessible at www.lykskin.de (hereinafter referred to as the "Websites"), in particular our online shop accessible there (hereinafter referred to as the "Online Shop"), and all purchase contracts concluded via the Online Shop between you as our customer, who is at least eighteen (18) years old, and us, LYK Biometics UG (limited liability), represented by its managing director Stefan Kehl, Pfuelstr. 2, 10997 Berlin, Germany, registered in the commercial register of the Berlin District Court under HRB 242667 B; email address: LYK4U@lykskin.de; VAT identification number according to Section 27a UStG: DE353460779 (hereinafter referred to as "We") as your contractual partner/seller. The version of the GTC valid at the time of conclusion of the (purchase) contract shall apply. We do not recognize any deviating general terms and conditions of yours unless we expressly agree to their validity in writing.
1.2 Consumers
The offers in our online shop are aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (Section 13 of the German Civil Code – hereinafter referred to as the "BGB"). In contrast, an entrepreneur is any natural or legal person, or partnership with legal capacity, who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (Section 14 of the BGB).
2. Conclusion of contract
2.1 Minimum order value; customary order quantities
We may only be able to accept orders above a certain minimum order value. If this is the case, you can find the minimum order value in the pricing information provided in the online shop. Orders in the online shop are only possible in quantities customary for consumers. The customary order quantity is exceeded if you order more than ten (10) pieces of the same item per order.
2.2 Registration of a customer account
2.2.1 Setup
You can register a customer account in the online shop, which you can log in to using the access data you have chosen (hereinafter referred to as your "access data") and manage independently. You are obligated to provide complete and accurate information during registration. Your customer account is non-transferable. You may not create more than one customer account. You may not rent or lend your customer account. You are not entitled to register a customer account.
2.2.2 Security
You are solely responsible for the security of your access data to your customer account, consisting of your email address and password. This includes, in particular, maintaining the strict confidentiality of your access data and not disclosing it to third parties. If your access data to your customer account becomes known to unauthorized persons, you are obligated to change your access data immediately. We assume no liability for any damages related to the theft of your access data for which we are not responsible, the disclosure of your access data by you, or the fact that you have granted a third party access to your customer account using your password. You are obligated to inform us immediately of any unauthorized use of your access data as soon as you become aware of it.
2.2.3 Deactivation
You can request that we deactivate your customer account by sending a corresponding request to our customer service via email at support@steinkraus.com. Your customer account will then be deactivated. This process cannot be reversed. Any payment obligations to us existing at the time of deactivation remain unaffected.
2.3 Ordering process
The presentation and advertising of goods in the online shop does not constitute a binding offer to conclude a purchase contract. You can select products from our range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy" button you submit a binding application to purchase the goods in the shopping cart. Before submitting your order you can correct the data at any time by using the correction aids provided and explained during the ordering process. By submitting your order via the online shop by clicking the "Buy" button you are placing a legally binding order. However your application can only be submitted and transmitted to us if you agree to the validity of these General Terms and Conditions by ticking the appropriate box, thereby including them in your application and declaring that you have read and understood the consumer cancellation policy and our data protection information.
2.4 Conclusion of the purchase contract
We will then send you an automatic confirmation of receipt by email, which lists your order again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of your application. The purchase contract is only concluded when we submit the declaration of acceptance, which is made via a separate email (hereinafter referred to as the "order confirmation") or upon delivery of the goods. The use of approved immediate payment methods by the customer does not yet lead to the conclusion of the purchase contract despite payment of the purchase price. The contract text (consisting of an overview of your order, these General Terms and Conditions and our order confirmation) as well as your invoice and our data protection information will be sent to you on a permanent data medium (email or paper printout) in the order confirmation or in a separate email, e.g. in the shipping confirmation sent to you by email (hereinafter referred to as the "shipping confirmation"), but no later than upon delivery of the goods. The contract text will be sent to you on a permanent data medium (email or paper printout). The contract text will be stored in compliance with data protection regulations. You can view your past orders in your customer account if you have registered one. Registering a customer account is not a prerequisite for placing an order.
2.5 Contract language
The contract is concluded in German.
2.6. Consumer right of withdrawal
When concluding a distance selling contract, you have a statutory right of withdrawal, which we inform you about in accordance with the statutory model below (Section 3.1). Exceptions to the right of withdrawal are regulated in Section 3.2. You will find a sample withdrawal form in Section 3.3:
3. Revocation
3.1 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us: LYK Biometics UG (limited liability), Pfuelstr.2, 10997 Berlin, email address: lyk4u@lykskin.de; of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, 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 we have received from you (we reserve the right to retain a processing fee of €10.00) promptly and at the latest within fourteen days from the date 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. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have canceled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
3.2 Exclusion of the right of withdrawal
The right of withdrawal does not apply, unless we have agreed otherwise with you, among other things
3.2.1 in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
3.2.2 in the case of contracts for the supply of goods which 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;
3.2.3 in the case of contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded.
3.3. Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To: LYK Biometics UG (limited liability), Pfuelstr. 2, 10997 Berlin
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods (*)
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is made on paper)
Date
(*) Delete as appropriate.
Unless expressly agreed otherwise between the customer and us, there is no right of withdrawal for the following contracts:
-Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
4. Delivery
4.1 Delivery restrictions
We ship to most countries worldwide, exclusively to consumers. Goods are shipped via a shipping service provider selected by us. We bear the shipping risk.
4.2 Delivery times
Delivery times stated by us are calculated from the date of our shipping confirmation, subject to prior payment of the purchase price (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, the delivery times below apply, which are calculated from the date of our shipping confirmation. Your order will be processed and shipped within 48 hours on working days.
For further information about shipping, please see our Shipping + Returns section.
4.3 Availability of goods
If no copies of the goods you have selected are available at the time of your order, we will inform you immediately. If the goods you have ordered are only temporarily or only partially unavailable, we will also inform you of this immediately. If the goods you have ordered are permanently unavailable in whole or in part, we will refrain from accepting the order. In this case, no contract will be concluded. If you have ordered several items as part of your order for which different delivery times apply or which are temporarily unavailable, we will ship the goods in one shipment (unless otherwise agreed). In this case, the delivery time for your entire order will be the same as for the item in your order with the longest delivery time. This does not apply if one or more of the products have such a long delivery time that it would be unreasonable for you to wait. In this case, we will inform you immediately and agree on the next steps with you.
5. Retention of title
The delivered goods remain our property until full payment has been made.
6. Price information; taxes
6.1 Prices
All prices stated in our online shop include the statutory value-added tax applicable in the Federal Republic of Germany.
6.2 Shipping costs
We will inform you about the shipping costs before purchase. You are responsible for the shipping costs according to the following overview, unless you exercise your right of withdrawal. We ship free of charge throughout Germany for orders over €85. International shipping is free for orders over €140. Further information on shipping costs can be found in our shipping overview. In the event of your withdrawal, you will be responsible for the direct costs of returning the goods.
6.3 Import bans
You are responsible for determining whether you are permitted to import the goods purchased from us into the country of delivery in accordance with the applicable legal provisions there.
6.4 Taxes
Our product prices plus shipping costs do not include any import duties, taxes, and fees (hereinafter collectively referred to as "duties"). It is your responsibility to inquire before purchasing the goods – e.g., with the customs authorities in your place of residence – whether any duties will be levied on the purchased goods. Duties are usually collected by the shipping company upon delivery or upon collection of the goods in the delivery country. We are not obligated to determine whether duties are due on the sale of the goods or to collect, remit, or declare such taxes.
7. Payment terms
7.1 Due date
Payment of the purchase price is due immediately upon placing your order. If the payment is due according to the calendar date, you will be in default simply by missing the due date. In this case, you will be required to pay us default interest for the year at a rate of five (5) percentage points above the applicable base interest rate. Your obligation to pay default interest does not preclude us from claiming further damages for default.
7.2 Payment methods
You can make your payment using the payment methods we offer. You can find an overview of the (instant) payment methods we currently offer in our "Payment" overview in our online shop.
8. Warranty for material defects, guarantee
We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). An additional guarantee for the goods delivered by us only exists if we have expressly provided this in the order confirmation for the respective item.
9. Liability
9.1 Principle
Your claims for damages are excluded. Excluded from this are your claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from our intentional or grossly negligent breach of duty or that of our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
9.2 Liability for breach of essential contractual obligations
In the event of a breach of essential contractual obligations, we shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the damages are claims for damages resulting from injury to life, body or health.
9.3 Legal representatives, vicarious agents; fraudulent intent; Product Liability Act
The limitations of clauses 9.1 and 9.2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them. The limitations of liability resulting from clauses 9.1 and 9.2 do not apply if we fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if you and we have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. Vouchers
If we grant you coupons, promotional vouchers or other monetary benefits, e.g. in the form of discount codes (collectively referred to as "voucher(s)") at our sole discretion, you can redeem these subject to the following conditions exclusively as part of the online ordering process during the specified period of validity: All vouchers can only be redeemed once and not in combination with other promotions. Only one voucher can be redeemed per order. If the redemption of vouchers below a certain minimum order value per order is excluded, we will inform you of this in our offers. If the benefit granted by the voucher is a savings expressed as a percentage or in euros, the voucher is valid for our entire range, excluding reduced-price items, and will be automatically deducted from your invoice amount. Any benefit value exceeding the invoice amount will expire. Cash payment of the voucher value is excluded. If the voucher grants other monetary benefits, e.g. free product gifts, e.g. in the form of product samples, we will deliver these to you with your order while stocks last.
11. Free product gifts (“goodies”)
If we grant you free product gifts (possibly starting from a certain minimum order value) (hereinafter referred to as "goodie(s)") in the online shop at our sole discretion, you can only claim these as part of the online ordering process and during the specified period of validity in accordance with the following conditions: The available goodies will be displayed to you during the ordering process. We only grant goodies while stocks last. Which goodies are displayed to you and how many you can select and add to your shopping cart free of charge may depend on the value of your order. If you do not select any goodie(s), you will no longer be entitled to the goodie(s) after completing your order. Cash payment of the value of the goodie(s) is excluded.
12. Offsetting; rights of retention
You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims arising from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
13. 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 obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board in the Federal Republic of Germany in the event of a dispute with a consumer.
14. Customer Service
You can contact our customer service for questions, complaints and objections to your order by email at lyk4u@lykskin.de.
15. Copyrights
All images, photos, films, and texts published in our online shop are protected by copyright. Their use is not permitted without our express prior written consent of the respective rights holder.
16. Additional terms and conditions for the use of the Internet pages
The use of the Internet pages is also subject to the following terms of use. You may not use the Internet pages if you do not accept these terms of use. By using the Internet pages, a free contract for the use of the Internet pages is concluded between you and us. Uninterrupted and full availability of the Internet pages cannot be guaranteed given the current state of proven technology. We are therefore not liable for the constant and uninterrupted error-free availability of the Internet pages. Malfunctions or maintenance work may limit or temporarily interrupt their use. To the extent that we have influence over interruptions (e.g. during maintenance work), we endeavor to keep such interruptions as short as possible. The Internet pages can be accessed via a personal computer (PC) with a web browser on the Internet, ideally via DSL or an equivalent connection. If used via other Internet-enabled devices, both the range of functions and the display may be limited. The content of the Internet pages has been created with the greatest possible care. However, we assume no liability for the accuracy, completeness, or timeliness of the content provided by the Internet pages. Nor do we assume any liability for data security outside of our control or for the risk of data loss during data transmission over the Internet.
17. Applicable law
Contracts between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly those of the country in which you, as a consumer, have your habitual residence, remain unaffected.
Status of these Terms and Conditions: 01.01.2025