GTC
1. Scope of Application
These General Terms and Conditions apply to every contract for the sale of goods concluded through dermaelio.de, the consumer‑oriented online shop operated by MXC Commerce GmbH. They govern purchases by consumers—natural persons acting for purposes outside their commercial or professional activities—and by entrepreneurs—natural or legal persons acting in the exercise of their trade or profession. Any terms on your part that conflict with or supplement these Terms are only effective if we expressly agree to them in writing. The version of these Terms in force at the time of your order is binding; we may amend these Terms at any time for future transactions without affecting contracts already concluded.
2. Definitions
Within these Terms, “contract” means the legally binding agreement formed between you and MXC Commerce GmbH when we accept your order. An “order” is the electronic submission of your purchase request via our website’s checkout process. The “price” consists of the total purchase amount, inclusive of applicable statutory value‑added tax but exclusive of shipping and handling charges unless otherwise stated. “Payment Default” arises when you fail to settle your payment by the due date, entitling us to claim statutory interest and to suspend further performance. “Delivery Deadline” refers to the period within which we dispatch goods to the carrier following order confirmation.
3. Contract Formation
By placing an order on dermaelio.de, you submit a binding offer to purchase the selected goods. A contract comes into existence only when we send you an order confirmation via email, which constitutes our acceptance of your offer. If we are unable to fulfill your order—for instance, due to stock shortages, system malfunctions, or a clear pricing error displayed online—we will inform you without undue delay and refund any payments you have already made. Until we receive full payment, ownership of the goods remains with MXC Commerce GmbH, while the risk of accidental loss or damage transfers to you as soon as the goods are handed over to the carrier or postal service.
4. Prices and Payment Terms
All prices shown on dermaelio.de include the statutory value‑added tax valid on the day of invoicing but exclude shipping and handling charges, which are calculated separately and displayed during checkout. Unless otherwise agreed in individual cases, payment is due immediately upon conclusion of the contract. We accept the payment methods indicated on our website at the time of your order, such as credit and debit card payments, PayPal, and direct bank transfers. In the event of a Payment Default, we reserve the right to charge you default interest at the statutory rate, to withhold any outstanding deliveries until payment is complete, and to engage debt‑collection services if necessary. Any costs incurred in recovering such claims may be passed on to you.
5. Delivery and Retention of Title
MXC Commerce GmbH ships goods exclusively within the European Union to the billing and delivery address you specify. Delivery deadlines specified on product pages are estimated transit times and commence upon our order confirmation. If no deadline is provided, we will dispatch the goods within three business days. Should delivery not occur within thirty days following contract conclusion, you may withdraw from the contract by issuing a clear declaration of withdrawal; any payments you have made will be refunded immediately. The risk of accidental loss or deterioration of the products passes to you once the goods are handed over to the carrier or postal service, even when carriage‑paid delivery has been agreed. Title to the goods transfers to you only upon full payment of the purchase price and any ancillary charges. Until that time, you must handle the goods with due care and notify us immediately of any loss or damage to safeguard our ownership interests.
6. Right of Withdrawal
Consumers have the statutory right to withdraw from a distance contract within fourteen days without giving any reason. The withdrawal period begins on the day you, or a third party designated by you other than the carrier, take physical possession of the goods. To exercise this right, you must inform us—MXC Commerce GmbH, Josef‑Kistler‑Straße 9, 82110 Germering, Germany, email: info@dermaelio.de—of your decision by means of a clear statement (for example, a letter sent by post or an email). You may use the sample withdrawal form available on our website, but its use is not mandatory.
If you withdraw from the contract, we will reimburse all payments we have received from you, including shipping costs (except for additional costs arising if you chose a delivery method other than our standard, least expensive delivery option), without undue delay and in any event not later than fourteen days from the day we receive the goods back or proof of their return. Reimbursement will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise; you will not incur any fees as a result of this reimbursement. You must return or hand over the goods to us immediately and in any event not later than fourteen days from the day on which you communicate your withdrawal. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods and are only liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics, and functioning.
7. Warranty
Our warranty obligations are determined by statutory provisions. In the case of goods that are defective, you may demand supplementary performance in the form of repair or replacement. If supplementary performance fails, you may request a reasonable reduction of the purchase price or rescission of the contract. The consumer’s right of recourse against the supplier remains unaffected.
For consumers, the statutory warranty period is two years from delivery of the goods. In the case of used goods, you may, by way of derogation from the statutory provisions, agree with us on a warranty period of one year. For entrepreneurs, the warranty period is one year from delivery, unless otherwise stipulated by mandatory legal provisions.
8. Liability
We are liable without limitation for intent and gross negligence as well as for injury to life, body or health resulting from negligent breach of duty. For the breach of essential contractual obligations—those that enable the proper execution of the contract and on whose compliance you as a customer regularly rely—our liability for simple negligence is limited to the foreseeable damage typical for the contract. In all other respects, liability is excluded. Claims under the Product Liability Act remain unaffected.
9. Data Protection Linkage
We process personal data in accordance with applicable data protection laws and our Privacy Policy, which you can access at dermaelio.de/privacy. By placing an order, you consent to the collection, processing, and use of your personal data for the purposes of contract execution, payment processing, delivery of goods, and, with your consent, marketing communications. We undertake to treat all information confidentially and to use it exclusively for the stated purposes.
10. Intellectual Property Rights
All content on dermaelio.de—including text, images, graphics, videos, logos, trademarks, and designs—is protected by intellectual property law. Unless expressly permitted, you may not use, copy, reproduce, distribute, or publicly display any content without our prior written consent. Any unauthorized use may result in claims for damages.
11. Force Majeure
Events beyond our reasonable control, such as natural disasters, war, strikes, pandemics, governmental measures, or supplier disruptions, shall release MXC Commerce GmbH from performance obligations for the duration of the impediment. If such an impediment persists for more than three months, either party may withdraw from the contract without liability.
12. Severability
If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that most closely reflects the economic purpose of the invalid provision in a legally permissible manner.
13. Governing Law and Jurisdiction
These Terms and all disputes arising from or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with habitual residence in another EU member state, mandatory consumer protection laws of that member state shall remain unaffected. The exclusive place of jurisdiction, to the extent legally permissible, is Munich, Germany.
14. Offsetting and Right of Retention
You may only offset claims against MXC Commerce GmbH if your counterclaims have been legally established, are undisputed, or are recognized by us. You may exercise a right of retention only to the extent that your counterclaim arises from the same contractual relationship and is undisputed or legally established. Any broader right of retention or withholding of payments, in particular for warranty claims, is excluded.
15. Assignment of Rights
You may not assign your rights or delegate your obligations under any contract concluded via dermaelio.de without our prior written consent. We are entitled to assign our claims arising from the contractual relationship to third parties. Any assignment or transfer of claims by MXC Commerce GmbH will not affect your rights under these Terms or statutory consumer protections.
16. Electronic Communications and Record Keeping
By placing an order, you consent to receive all contractual communications, invoices, and notifications in electronic form. Your statements and notifications addressed to MXC Commerce GmbH shall also be deemed to have been made in writing if transmitted by email to info@dermaelio.de. We will archive the contract text and these Terms electronically and make them accessible to you in printable form via your customer account.
17. Contract Language
The contract language is English. All communications, notices, and contractual documentation will be provided in English. Should a translation into another language be provided, the English version shall prevail in the event of any discrepancy.
18. Out‑of‑Court Dispute Resolution
Consumers have the option to submit complaints to a European Online Dispute Resolution platform provided by the European Commission at ec.europa.eu/consumers/odr. MXC Commerce GmbH is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.
19. Notifications of Changes
We reserve the right to amend these Terms at any time to reflect changes in legal requirements or our service and product range. Any modifications will be published on dermaelio.de and will apply only to contracts concluded after their publication. You are advised to review the Terms regularly to stay informed of any changes.
20. Contact Details
For all questions regarding these Terms and Conditions, your orders, returns, or any other inquiries, please contact us at:
MXC Commerce GmbH
Josef‑Kistler‑Straße 9
82110 Germering (near Munich), Germany
Email: info@dermaelio.de
Phone: +49 1573 9094279
21. Entire Agreement and Amendments
These Terms, together with the order confirmation and our Privacy Policy, constitute the entire agreement between you and MXC Commerce GmbH regarding the sale of goods on dermaelio.de. They supersede all prior negotiations, representations or agreements, whether written or oral. Any amendment or modification of these Terms must be made in writing and signed by both you and an authorized representative of MXC Commerce GmbH. No employee, agent or representative of MXC Commerce GmbH is authorized to vary or waive any provision of these Terms without our express written consent.
22. Waiver
No failure or delay by MXC Commerce GmbH in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy. A single or partial exercise of any right or remedy does not preclude any further exercise of that right or remedy or the exercise of any other right or remedy.
23. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Terms, which will continue in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the original intent.
24. No Third‑Party Rights
These Terms are for the benefit of you and MXC Commerce GmbH and are not intended to confer any rights on any third party. No third party may enforce any term of these Terms.
25. Notices
All notices, requests or other communications required or permitted under these Terms must be given in writing and delivered by email to info@dermaelio.de or by registered post to MXC Commerce GmbH, Josef‑Kistler‑Straße 9, 82110 Germering, Germany. Notices are deemed received on the date of delivery if sent by email during normal business hours, or on the third business day after posting if sent by registered mail.
26. Language and Interpretation
These Terms are written in English. If translated into any other language, the English version shall prevail in the event of any conflict or ambiguity. Headings used in these Terms are for convenience only and do not affect interpretation.
27. Acknowledgment
By placing an order on dermaelio.de, you acknowledge that you have read, understood and agreed to be bound by these General Terms and Conditions and our Privacy Policy.