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Statute

Terms and conditions 

Valid from March  03, 2025

General Terms and Conditions (GTC) of DERMATIC SP Z O.O. based in Poznań (Poland). These General Terms and Conditions (hereinafter referred to as "GTC") regulate the contractual relationship between DERMATIC SP Z O.O. based in Poznań (Poland) (hereinafter referred to as "Dermatic" or "Seller") and its customers.

§1 Scope of Applicability

1.1 General Provisions

The provisions of these terms and conditions set out the terms and rules for using the online store www.hyaloo.pl by customers and for purchases made there. The owner of www.hyaloo.pl is  DERMATIC SP Z O.O. based in Poznań (Poland) Chartowo 5, 61-245 Poznań

1.2 A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity.

1.3 An entrepreneur is a natural or legal person or an organizational unit without legal personality that acts when entering into a legal transaction 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 the need for another reference. If a business uses contradictory or supplementary General Terms and Conditions, their validity is hereby opposed; they will only become part of the contract if HYALOO expressly agrees to them.

1.5 The GTC are available for download or can be printed. Any provisions deviating from these conditions apply only if they have been confirmed by Dermatic.

§2 Customer Account

2.1 To create a customer account, the customer must fill out the registration form and provide the required data and information about the account. When filling out the registration form, the customer has the option to read and accept the General Terms and Conditions, including the downloadable form.

2.2 The customer has the option to shop in the online store www.hyaloo.de without creating a customer account (so-called "shopping without registration").

2.3 To create a customer account, the customer declares that they have read the GTC and accept its provisions by checking the appropriate box in the registration form. The customer can also view, print, and electronically receive the GTC at any time upon request from the seller without additional costs by visiting hyaloo.de/AGB or by clicking the "GTC" tab on the website www.hyaloo.de.

2.4 When filling out the registration form, the customer may voluntarily consent to the processing of their email address for marketing purposes by checking the appropriate box in the registration form. In this case, the seller explicitly informs the customer about the purpose of collecting their personal data as well as the known or expected recipients of this data. In this case, the seller fulfills the obligation to inform about the purpose and scope of processing the customer's personal data.

2.5 The customer's consent to the processing of their email address for marketing purposes is voluntary and optional and does not constitute a condition for the conclusion of a contract with the seller regarding the electronic provision of the service of maintaining a customer account. The consent can be revoked at any time by the customer with a corresponding declaration to the seller. The declaration can be sent, for example, to the seller's email address at info@hyaloo.de.

2.6 After submitting the completed registration form, the customer immediately receives an activation link via email to the email address provided in the registration form. By clicking on this link, a contract for the electronic provision of the customer account service is concluded, and the customer gains the ability to access the customer account and make changes/additions to their data.

2.7 A customer who is a consumer has the right to withdraw from the contract for the establishment of a customer account without stating any reasons within 14 days after its conclusion.

2.8 The customer who has set up a customer account can terminate the contract for the provision of services electronically by submitting a corresponding declaration to the seller using any means of remote communication that allows the seller to read such a statement.

2.9 The customer agrees to fill out the registration form with due care, providing complete and truthful information.

2.10 The seller is not liable for incorrect completion of the registration form by the customer and any related damages.

§3 Conclusion of the Contract

3.1 The subject of the contract is the sale of goods.

3.2 If the customer orders goods through the website www.hyaloo.de, the following provisions apply:

3.3 The customer can purchase goods on the website www.hyaloo.de seven days a week, 24 hours a day after logging into a customer account or without creating one, after providing the required data for completing the order.

3.4 The presentation of products and prices in our online store does not constitute a legally binding offer, but rather an invitation to place an order. By ordering the desired goods via the internet, the customer submits a binding offer to conclude a purchase contract with the HYALOO online store. When placing an order through the online store, the customer submits a binding offer to conclude a purchase contract for the respective product as soon as the customer has entered all required details and clicks "Buy Now" in the final step.

3.5 The order placed by the customer is concluded when it contains the designations and characteristics of the ordered products, customer data (in the case of a natural person - first and last name, in the case of a legal entity or an organizational unit without legal personality - the name of such an entity), and address, phone number, payment method, delivery method, and (if applicable) the data required for issuing a VAT invoice.

3.6 The customer can place an offer using the online order form integrated into the seller's online store. The customer selects the product they wish to purchase and clicks the "Add to Cart" button. The customer can add more products by clicking the "Continue Shopping" button. The customer enters the shipping information (delivery address) and selects the payment method. The customer provides the shipping address details and (optionally) the details required for the issuance of a VAT invoice.

3.7 After the customer has reviewed the data they entered and accepted the General Terms and Conditions, they complete the purchase in the "Summary" section by clicking "Confirm Purchase." In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the final button completing the order process.

3.8 The system then generates an automatic message confirming the order; the order confirmation is also electronically sent to the email address provided by the customer when registering their account.

3.9 The purchase contract between the seller and the customer is concluded when the seller's system creates an order confirmation.

3.10 The customer, who provides the required data for the execution of the order, must exercise the necessary diligence and provide complete and truthful data so that the seller can fulfill their obligations under the contract.

3.11 For customers who do not have a customer account (so-called "purchases without registration"), this customer may voluntarily consent to the processing of their email address for marketing purposes during the order process by checking the relevant box in the registration form. In such a case, the seller clearly informs about the purpose of collecting the customer's personal data as well as about the known or expected recipients of this data. In this case, the seller fulfills the obligation to inform about the purpose and scope of processing the customer's personal data.

3.12 The customer's consent to the processing of their email address for marketing purposes is voluntary and optional and does not constitute a condition for the possibility of making a purchase. The consent can be revoked at any time by submitting a corresponding declaration of the customer to the seller. The declaration can be sent to the seller, for example, by email at info@hyaloo.de.

3.13 An order remains pending for payment for 5 working days. After this period, the order will be automatically canceled, of which the customer will be informed in an email. The cancellation of an order does not deprive the customer of the possibility of making another purchase at www.hyaloo.de.

3.14 The processing time for orders for products is up to 10 working days from the date the amount deposited by the customer is credited to the HAYLOO bank account, subject to the situation that the product is out of stock. In such a case, the customer will be promptly informed about the lead time.

3.15 Orders for products can also be placed by the customer by phone at +49 3052014470, from 08:00 to 16:00, or by email at info@hyaloo.de.

3.16 The seller reserves the right not to accept a relevant contractual offer when ordering goods in a quantity exceeding usual commercial volumes and to refuse delivery.

§4 Prices and Payment Terms

4.1 Price indications in our online store are given in euros, including VAT, excluding delivery and shipping costs, as well as any other ancillary services, unless expressly agreed otherwise.

4.2 Invoice amounts are due for immediate payment and must be paid without any deductions.

4.3 The customer is not entitled to offset. The prohibition of offsetting does not apply if the seller's counterclaims are undisputed, legally established, or ready for decision, or if they are counterclaims that relate to the customer’s payment claims against the HYALOO online store in a reciprocal relationship. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

4.4 Payment for goods is made through an external payment system PayU, operated by PayU S.A., Grunwaldzka Street 186, 60-166 Poznań (in this case, the execution of the order will begin after the seller has provided the customer with confirmation of the order acceptance and after the seller has received information from the PayU system about the payment made by the customer. The execution of payment transactions through PayU.pl is subject to the rules described in the General Terms and Conditions, which can be accessed at http://payu.pl/system/files_force/REGULAMIN_USLUGI_PLATNOSCI_ELEKTRONICZNYCH.pdf?download=1.

4.5 PayPal - If you own a business, you can also pay via the PayPal service on our website.

4.6 The online payment service provider for payment by instant transfer is Autopay S.A.

§5 Tax Aspects

5.1 The prices indicated for the goods are gross prices and generally include - subject to the provisions below - the value-added tax applicable in Germany.

5.2 For customers who have their registered office or residence in the territory of an EU Member State (except Poland) and have a valid EU VAT number, the sales are net prices.

5.3 For foreign customers who have their registered office in the territory of an EU Member State and do not use a valid EU VAT number, the sales are subject to the applicable VAT rates for the respective goods in the country to which the goods are to be delivered.

5.4 If the customer is based outside the European Union, but the goods are to be shipped to an address in the European Union specified by the customer, the sale will take into account the VAT rates that apply to specific goods in the country to which the delivery of the goods will occur.

5.5 If the customer is based outside the European Union and the goods are to be shipped to the address specified by the customer outside the European Union, the sale will occur at net prices, i.e. without VAT.

5.6 In all other cases not described in the points above, where the order is to be delivered by the seller to an address outside Germany and/or the European Union, particularly to a third country, the seller reserves the right to change the prices for the goods and the delivery costs, which depend, among other things, on the quantity and type of the ordered goods as well as on the price list of the selected courier service for shipping to the country from which the order originates. For this purpose, the customer will contact the seller individually to determine the total costs of the order and its conditions. Such an order can only be fulfilled once the seller has received a clear acceptance of the costs from the customer.

§6 Delivery

6.1 The goods advertised in the HYALOO online store are usually marked with an availability statement. If a good is advertised without a special indication of availability, it is considered immediately available. If a good is only marked "out of stock" without specifying the delivery time, it is not available.

6.2 Delivery in Germany is made via UPS.

6.3 The seller informs the customer via email about the shipment of the ordered products.

6.4 Products with different delivery times are shipped after the entire order is completed.

6.5 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the logistics partner.

6.6 The customer must ensure that the delivery of the goods can occur without difficulties. If the customer does not pick up the goods from the courier on the first attempt, further attempts will be made on subsequent days. If UPS is also unsuccessful this time, the goods will be returned to HAYLOO. The return of the goods to HAYLOO is treated as a withdrawal from the purchase. In this case, the contract is deemed not concluded, and the customer bears the costs of the return.

§7 Transport Damage

7.1 Upon delivery of goods with obvious damage to the packaging or content, the consumer must notify HYALOO of this, regardless of their warranty rights, within two weeks after receiving the goods via email, so that HYALOO can assert claims for transport damages against the logistics company it commissioned for transport.

7.2 For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur as soon as HYALOO has delivered the goods to the carrier, freight forwarder, or otherwise designated person or institution for execution of the dispatch. Merchants are obliged to inspect and report defects. If the entrepreneur fails to make the proper notification, the goods are deemed approved, unless the defect could not be recognized during the inspection. This does not apply if HYALOO has fraudulently concealed the defect.

In the case of complaints, please send packages to: Hyaloo, ul. Chartowo 5, 61-245 Poznań

For returns, please send them to: ul. św. Michała 100, 61-005 Poznań, Halle H12

§8 Intellectual Property Rights

8.1 HYALOO retains exclusive intellectual property rights to the websites of the HYALOO online store, including their design and content, especially to all documents and elements. The content of the HYALOO website and the online store may not be reproduced, disseminated, or publicly displayed without prior explicit permission. The reproduction or other use of published documents is only permitted for informational purposes or personal use. All other reproductions or uses are expressly prohibited.

§9 Retention of Title

9.1 In the case of consumers, the seller retains ownership of the goods until full payment of the purchase price is made. In the case of entrepreneurs, the seller retains ownership of the goods until all claims resulting from an ongoing business relationship are settled.

9.2 In the event of a breach of contract by the customer, especially in the case of payment delays, false statements by the customer about their creditworthiness, or if an application for the opening of insolvency proceedings is filed, the seller is entitled, upon setting a deadline, to withdraw from the contract and demand the return of the goods, provided that the customer has not yet or not fully made the counter-performance.

9.3 The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns all claims amounting to the invoice amount arising from the resale against a third party to the seller. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim themselves as soon as the entrepreneur does not comply with their payment obligations properly and falls into default.

§10 Warranty

10.1 There are the statutory liability rights for defects.

10.2 The customer who is a consumer is obliged to inspect the goods immediately after delivery for completeness, visible defects, and transport damage and to notify HYALOO and the carrier of any complaints as soon as possible. If the consumer does not comply with this obligation, the statutory warranty claims remain unaffected.

10.3 For entrepreneurs, the following regulations apply, deviating from the previous warranty provisions: As far as the quality of the goods is concerned, only the specification indicated by the consumer and the product description of the manufacturer are considered agreed upon, but not any other advertising, public promotions, and manufacturer information. In the case of defects, the warranty is fulfilled by HYALOO either by repair or replacement at its discretion. If the repair fails, the entrepreneur may choose to demand a reduction in the price or withdraw from the contract. The elimination of defects is deemed to have failed after a second unsuccessful attempt unless something different specifically arises from the nature of the goods or the defect or the circumstances. In the case of repair, HYALOO is not obliged to bear the additional costs arising from the transfer of the goods to a place other than the place of performance as long as the transfer does not correspond to the intended use of the goods. The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

  • for damages caused by HYALOO that are culpably attributable due to the infringement of life, body, or health and in the case of willful or grossly negligent causes of other damages;

  • as far as HYALOO has fraudulently concealed the defect or has assumed a guarantee for the quality of the matter;

  • for items that have been used in accordance with their usual purpose for construction and have caused its defects;

  • for statutory recourse claims that the customer has in connection with warranty rights against HYALOO.

10.4 The statutory warranty provisions apply to the delivered goods. The warranty is based on statutory provisions and the following regulations.

10.5 If the customer is a consumer, the warranty period for used goods is one year from the delivery of the item.

10.6 The costs for the return shipment in the event of a defect are to be borne by HYALOO.

10.7 Damage caused by improper or contractual actions of the customer during installation, use, or storage does not justify a claim against HYALOO and the online store. If it is a hygiene article, a return or sending back due to contamination is not possible.

§11 Data Protection

11.1 The HYALOO online store complies with all legal regulations regarding data processing operations (e.g., collection, processing, and transfer). HYALOO stores the personal data provided by the customer in electronic form. The HYALOO online store is entitled to transfer the data necessary for the fulfillment of the contract to third parties involved in the contract's execution.

11.2 The orders placed by customers are stored in the HYALOO online store. If the customer loses the documents related to their orders, they can contact HYALOO via email or by phone.

11.3 Further information regarding the type, scope, location, and purpose of the collection, processing, and use of the necessary personal data for the execution of orders can be found in the privacy policy of the HYALOO online store.

§12 Right of Withdrawal

12.1 The customer has the right to withdraw from this contract within fourteen days without stating any reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, takes possession of the goods, provided that the customer has ordered one or more goods as part of a single order and the goods are delivered uniformly. If the customer has ordered multiple goods as part of a single order but they are delivered separately, the withdrawal period starts only when the customer or a third party named by them, who is not the carrier, takes possession of the last good or the last partial shipment or the last item.

12.2 In order to exercise the right of withdrawal, the customer must inform

ul. Chartowo 5, 61-245 Poznań (Poland)

by means of a clear declaration (e.g., a letter sent by post, fax, or email) of their decision to withdraw from this contract. The customer may use the attached model withdrawal form for this purpose, but it is not mandatory.

12.3 To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.

12.4 If the customer withdraws from this contract, the seller must reimburse all payments received from the customer, including delivery costs, without delay and at the latest within fourteen days from the day the notification of the withdrawal from this contract was received by the seller. For this reimbursement, HYALOO uses the same means of payment as used in the original transaction unless explicitly agreed otherwise with the customer. In no case will the customer incur any costs for this reimbursement.

In the case of complaints, please send packages to: Hyaloo, ul. Chartowo 5, 61-245 Poznań

For returns, please send them to: ul. św. Michała 100, 61-005 Poznań, Halle H12

12.5 HYALOO may withhold the reimbursement until it has received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier date.

12.6 The goods must be returned immediately and in any case no later than fourteen days from the day the customer informed HYALOO about the withdrawal from this contract at the above address. The deadline is met if the customer sends the goods before the period of fourteen days expires. HYALOO bears the costs of returning the goods.

12.7 The customer has to compensate for any loss of value of the goods only if this loss of value is due to handling of the goods that is not necessary to check their nature, characteristics, and functioning.

§13 Liability

13.1 For damages other than those resulting from the violation of life, body, and health, the seller, as well as its legal representatives and agents, are liable only to the extent that these damages are based on intentional or grossly negligent conduct, or on culpable breach of an essential contractual obligation by the seller or an agent. An essential contractual obligation is an obligation whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer regularly relies. Any further liability for damages is excluded. Claims arising from guarantees provided by HYALOO regarding the quality of the goods and from the Product Liability Act remain unaffected. In the event of a breach of essential contractual obligations, HYALOO is only liable for typical, foreseeable damages caused by negligence, unless they are claims for damages arising from a violation of life, body, or health.

13.2 Claims for damages resulting from the violation of an obligation under the contractual relationship are to be warranted under the legal conditions. The same applies to claims for damages based on the Product Liability Act. All notices on packaging and enclosures must be observed. No liability is assumed for any differing use and/or handling.

13.3 If the product purchased by the customer is contaminated by use or application by third parties, the buyer is liable for any consequential damages and other damages. The HYALOO online store is not liable in the above-mentioned case.

§14 Applicable Law and Jurisdiction

14.1 German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

14.2 The provisions of the UN Sales Convention apply.

14.3 The place of fulfillment for all services from the business relationship with Hyaloo.de and the jurisdiction is the seat of Dermatic, provided that customers are not consumers but merchants, public law entities, or special funds under public law. The same applies if the customer has no general jurisdiction in Germany or the EU, or if the residence or habitual place of residence is unknown at the time of the filing of the complaint. The right to also appeal to a court at another legal jurisdiction remains unaffected.

§15 Alternative Dispute Resolution

15.1 The EU Commission has provided a platform for online dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

15.2 HYALOO endeavors to settle possible disputes arising from the contract amicably. Furthermore, HYALOO is not obliged to participate in a dispute resolution procedure and unfortunately cannot offer participation in such a procedure.

§16 Severability Clause

16.1 Should any provision of this contract be or become ineffective, the validity of the contract shall not be affected in other respects. Instead of the ineffective provision, the respective statutory regulation shall apply. The same applies in the event of a regulatory gap.

*** 

DOWNLOAD A TEMPLATE FORM FOR WITHDRAWAL FROM THE CONTRACT> 

 

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DOWNLOAD GTC UNTIL 28.10.2024

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