General Terms and Conditions (GTC)
These General Terms and Conditions (hereinafter referred to as "GTC") of the company Parlain Co Ltd (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store reveel-skincare.com.
The Seller objects to the inclusion of the Customer's own terms and conditions unless the Seller has expressly recognized them in writing in individual cases instead of these GTC.
These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
These GTC in their current version apply to current business relationships and to all future transactions between the customer and the seller.
Amendments to these GTC must be made in writing to be effective.
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Subject matter of the contract, conclusion of the contract and contractual partners
(1) The subject of these GTC is the sale of goods. The contract language is English.
(2) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. After entering the personal data by the customer and by clicking on the "Buy now" button in the final step of the ordering process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
After receipt of the order, the seller sends an automatic e-mail confirming receipt of the order and listing the details of the order. This confirmation of receipt does not constitute acceptance of the offer, but merely informs the customer that the order has been received by the seller.
Acceptance can be declared either in writing (by the dispatch confirmation sent by separate e-mail) or by delivery of the goods to the customer.
If the information on the range of goods (e.g. price etc.) in the online store is incorrect despite careful checking by the seller, the seller shall not declare acceptance by sending the goods, stating the correct information, but a new offer, which the customer is free to decide whether to accept.
(3) The contract is concluded with the seller (Parlain Co Ltd):
reveel by MedSkin Solutions
Parlain Co Ltd
11/F Katherine House,
53-55 Chatham Road South,
Tsimshatsui, Kowloon
HONG KONG SAR
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Delivery and availability of goods
(1) The goods are delivered as shown in the online store, whereby the seller reserves the right to minor deviations in the packaging. Delivery shall be made to the delivery address specified by the customer.
(2) Delivery shall be made as standard shipment ex works at the customer's expense. The customer is free to take out transport insurance.
(3) Unless otherwise agreed, the Seller shall be entitled to make partial deliveries, provided that the Seller informs the Customer of this immediately and delivers the remaining quantity within a reasonable period of time and this is reasonable for the Customer.
(4) The prerequisite for compliance with any agreed delivery periods is the timely and proper fulfillment of the customer's obligations.
(5) Delivery is subject to timely and correct self-delivery. If, despite the conclusion of a corresponding covering transaction, the Seller is not supplied on time for reasons for which the Seller is not responsible, the Seller shall be entitled to withdraw from the contract. The seller undertakes to inform the customer immediately of the non-availability of the goods in the event that the seller is not supplied on time and correctly and to reimburse any payments already made by the customer without delay.
(6) The delivery time for shipping within Hong Kong is approx. 1-3 working days and 3-4 working days for shipping abroad. Delivery times are only binding if this has been expressly agreed. If a binding delivery date has been agreed, delivery shall be deemed to have been made on time if the order is dispatched on the agreed date. Contractual penalties are not accepted by the seller.
(7) Force majeure (e.g. mobilization, war, warlike conditions, operational disruptions, epidemics, pandemics, shortages of workers, energy or raw materials, strikes, lockouts, traffic disruptions and orders from higher authorities) as well as all other external operational disruptions or official influences for which the seller is not responsible shall release the seller from the obligation to deliver for the duration of their existence, even if they occur during an already existing delay. Delivery periods shall be extended to a reasonable extent. They also entitle the seller to withdraw from the contract to the exclusion of further liability insofar as the delivery has not yet been carried out.
(8) 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 for the unsuccessful shipment and return shipment. This does not apply (a) if the customer effectively exercises his right of withdrawal, (b) if he is not responsible for the circumstance that led to the impossibility of delivery or (c) if he was temporarily prevented from accepting the goods, unless the seller had notified him of the delivery a reasonable time in advance.
(4) Self-collection by the customer is not possible for logistical reasons.
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Minimum/maximum order value
(1) There is no minimum order value.
(2) There is a maximum order value of goods worth HK$30000.
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Prices and terms of payment
(1) All prices are quoted in $HKD and are subject to any shipping costs incurred. The price at the time of the order shall apply.
(2) Payment shall be made by credit card (MasterCard, Visa or AMEX), Google Pay, Apple Pay.
(3) Your credit card account will be charged when you order the goods.
(4) The customer may only offset claims that are undisputed or have been legally established. Furthermore, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. The seller is entitled to assign the claims arising from this business relationship without the customer's consent.
(5) If the Seller becomes aware of a significant deterioration in the Customer's financial circumstances after conclusion of the contract (e.g. unfavorable credit information or default in payment in the meantime), the Seller shall be entitled to make outstanding deliveries only against advance payment or the provision of appropriate security, whereby any delivery periods shall be extended accordingly. Outstanding claims from deliveries shall become due immediately.
(6) If the customer defaults on a payment, the seller shall be free to withhold further deliveries or to deliver only in the event of advance payment. Further legal claims of the seller remain unaffected.
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Redemption of promotional vouchers
(1) Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
(2) Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
(3) Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
(4) Only one promotional voucher can be redeemed per order.
(5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
(6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
(7) The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
(8) The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
(9) The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representation authorisation of the respective holder.
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Redemption of gift vouchers
(1) Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as gift vouchers) can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
(2) Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the valid date on the voucher. Remaining credits will be credited to the customer until the expiry date.
(3) Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
(4) Only one gift voucher can be redeemed per order.
(5) Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
(6) If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
(7) The credit balance of a gift voucher is neither paid out in cash nor does it earn interest.
(8) The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
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Cancellation policy
As described in the seller's withdrawal policy, the customer is entitled to the statutory right of withdrawal.
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Warranty
(1) If the goods are defective, the provisions of the statutory liability for defects shall apply.
(2) The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
(3) All information provided by the Seller (in particular illustrations contained in offers) or references to specifications are merely descriptions and markings and are not guarantees of quality or durability within the meaning of § 443 BGB. The same applies to the delivery of samples or specimens.
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Retention of title
(1) If the Seller makes advance payment, it shall retain title to the delivered goods until the purchase price owed has been paid in full. In the event of a breach of contract by the customer, the seller is entitled to take back the products after setting a reasonable deadline. In this case, the customer is obliged to surrender the goods. The taking back of the products by the seller always constitutes a withdrawal from the contract.
(2) The customer is obliged to treat the products with care for the duration of the retention of title and to insure them appropriately at his own expense against all usual risks, in particular theft, fire and water damage. The customer hereby assigns to the seller any resulting claims from the respective insurance contract.
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Use of stored data and data protection
Information on the type, scope and purpose of the collection and storage of the personal data required for the processing of the purchase contract by the seller can be found in the privacy policy.
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Limitation of liability
(1) The Seller shall be liable without limitation in the event of intent or gross negligence or the assumption of a guarantee of quality.
(2) Otherwise, liability for a negligent breach of duty is excluded, unless essential contractual obligations are breached, the breach of which jeopardizes the achievement of the purpose of the contract or obligations are breached, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In these cases, however, the seller's liability shall be limited to the foreseeable damage typical for the type of goods. This also applies to acts and omissions of the legal representatives or vicarious agents of the seller. Claims for loss of profit, claims for damages from third parties and other indirect and consequential damages cannot be asserted unless a quality feature guaranteed by the seller is specifically intended to protect the customer against such damages. The Seller shall not be liable for damage resulting from improper handling or improper use of the delivered products.
(3) The above limitations of liability do not apply to claims of the customer arising from product liability or claims of the customer in the event of injury to life, limb or health, in the event of the assumption of a guarantee by the seller or in the event of fraudulently concealed defects. However, the seller shall only be liable for damages that are based on the absence of the guaranteed quality but do not occur directly on the goods if the risk of such damage is clearly covered by the quality guarantee.
(4) Insofar as the Seller's liability is excluded or limited, this shall also apply to the executive bodies, legal representatives, executive employees and other vicarious agents of the Seller.
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Applicable law
The law of Hong Kong shall apply to all legal relationships between the parties to the exclusion of all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention, CISG).
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Place of fulfillment, place of jurisdiction
Place of performance and exclusive place of jurisdiction is Hong Kong, as far as permissible. This also applies if the customer has no general place of jurisdiction in Hong Kong or has moved his usual place of residence abroad after conclusion of the contract. However, the seller is entitled to sue the customer at any other legal place of jurisdiction.
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Final provisions
(1) Should one or more provisions of these GTC be legally invalid, this shall not affect the validity of the remaining provisions. The parties shall negotiate in good faith to replace the invalid provisions with valid provisions that come as close as possible to the economic purpose pursued by the invalid provisions.
(2) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, at least in text form in accordance with § 126b BGB (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.
(3) The Seller reserves the right of ownership and copyright to all documents provided to the Customer in connection with the placement of the order - including in electronic form. These documents may not be made accessible to third parties unless the Seller gives the Customer its express written consent.