General
Business terms

General Terms and Conditions for Consumers as of January 17, 2025

1. General

1.1. These General Terms and Conditions ("GTC") apply to all contracts and declarations of intent concluded by EasyMotionSkin Tec GmbH, Gewerbegebiet 47, 6103 Reith bei Seefeld, Austria, FN 446877y, ("Provider") with and towards consumers ("Customers") regarding physical products ("Products") or subscription services, digital products, or other services ("Services"), in particular those offered and distributed in the web shop ("Webshop").

1.2. These GTC apply if the buyer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) ("Customer"). Persons who are not legally competent or of legal age may not conclude contracts with the Provider.

1.3. General terms and conditions of the Customer, in particular general terms and conditions of purchase, do not apply, even if the Provider does not explicitly object to them. Such conditions only apply if the parties have reached a deviating written agreement in individual cases.

1.4. The GTC valid at the time of conclusion of the contract apply to the (one-time) purchase of products or services.

1.5. In the case of services, the Provider reserves the right to unilaterally adapt these GTC at any time. The Provider will inform the Customer of any adjustments at least two months before they come into effect via email to the address provided by the Customer. The Customer is entitled to object to the change in writing within four weeks of receiving the email. If the Customer does not do so, the adjustment is deemed accepted. In the event that the Customer objects to the adjustment, the contract ends subject to a notice period of four weeks.

2. Customer Account

2.1. To order products, the Customer must create a customer account in the Webshop. Creating the customer account requires the Customer to provide the following information: first name, last name, address, information on the payment methods selected by the Customer, email address, telephone number.

2.2. The Customer is liable for the misuse of their access data by third parties, provided that the Provider is not responsible for the misuse. This can result in the Customer being obliged to pay for products that were not ordered by the Customer themselves.

3. Conclusion of Contract

3.1. The products and services shown in the Webshop, as well as price information, represent an invitation to the Customer to submit a binding offer to the Provider for the purchase of the products ("Order"). By pressing the button with the text "Order with obligation to pay" by the Customer, the binding order is transmitted to the Provider.

3.2. Unless otherwise agreed, Customer orders are binding for a period of 14 (fourteen) days.

3.3. The Provider will immediately send the Customer a confirmation to the email address provided by the Customer that the order has been received by the Provider ("Order Confirmation"). This order confirmation does not constitute acceptance of the Customer's order, but merely confirms receipt of the order by the Provider.

3.4. The Customer's order is accepted by the Provider when the Provider (i) actually hands over all or only individual products to the shipping service provider for shipping or (ii) in the case of services, makes these available to the Customer or (iii) the Provider explicitly declares acceptance of the order, whereby the earlier point in time is decisive for the conclusion of the contract ("Conclusion of Contract").

3.5. The Provider will send the Customer a confirmation of dispatch of all or individual products to the email address provided by the Customer ("Shipping Confirmation").

3.6. The Customer must ensure that all information provided by them as part of an order is accurate, correct, and up to date. The Customer must notify the Provider of any changes to this information immediately.

4. Payment and Due Date

4.1. All prices quoted are in euros including sales tax, but excluding shipping costs, unless otherwise stated.

4.2. Payment in the Webshop can be made via the following payment methods: invoice, credit card, or advance payment. The provider reserves the right to change the payment methods. The provider reserves the right to offer different payment methods to certain customers and for certain products.

4.3. The shipping costs are displayed to the Customer on the confirmation overview before the order is submitted.

4.4. Payment of the purchase price for the products by the Customer is due upon conclusion of the contract, unless the parties agree on payment by installments. If payment by installments has been agreed and the Customer is in arrears with at least two installments, the installment payment agreement becomes invalid and the outstanding purchase price is due immediately.

4.5. In the case of services (e.g., subscriptions), the agreed fee is payable monthly in advance to the Provider, unless a one-time payment has been agreed.

4.6. The fee owed by the Customer in the case of services is index-linked, whereby the Consumer Price Index 2020 published by Statistik Austria, or an index replacing it, shall be used as the calculation measure. The reference value is the index number last announced at the time the contract is concluded.

4.7. In the event that the Customer is in default of payment, interest at a rate of 4% p.a. is agreed. A flat fee of EUR 10.00 will be charged for reminders from the Provider.

5. The following points 6 to 9 are exclusively applicable to products.

6. Delivery

6.1. The Customer has access to the shipping methods specified by the Provider in the Webshop.

6.2. The delivery dates stated by the Provider depend on the information provided by the commissioned shipping service provider and are non-binding. The maximum period for delivery of the products to the Customer is generally 30 days from conclusion of the contract.

6.3. If the failure to meet the delivery date is due to force majeure, labor disputes, or other events beyond the Provider's control, the delivery date will be extended appropriately for the duration of the obstacle in any case. The Provider will inform the Customer of the beginning and end of such circumstances as soon as possible, without the Customer being able to derive any claims from the omission of the notification.

6.4. When the Provider ships the products, the risk of loss or damage to the products passes to the Customer when the products are delivered to the Customer or to a third party designated by the Customer, whereby the carrier of the goods is not a "third party" in this sense.

6.5. The Customer is obliged to accept the products upon delivery. If the Customer is in default with the acceptance of the products, the risk is transferred to the Customer and the warranty period for the Provider's service begins.

6.6. The place of performance in connection with the Provider's service is the place of delivery of the products to the Customer or to a third party designated by the Customer, whereby the third party may not be the carrier of the goods.

7. Retention of Title

7.1. The Provider retains ownership of the products until full payment of the purchase price and ancillary costs (in particular shipping costs) by the Customer. As long as the retention of title exists, the Customer is not entitled to sell the goods, pledge them, or grant other rights to them.

7.2. The Customer is obliged to treat the goods subject to retention of title with care and to notify the Provider immediately of any damage or access by third parties, in particular seizures. In the event of seizures, reference must be made to the Provider's ownership.

8. Default of the Provider

8.1. If the Provider is in default with its service, the Customer must first request the Provider to provide the service within a reasonable grace period of four weeks. If the Provider does not perform within this period, the Customer can withdraw from the contract.

9. Warranty

9.1. In the event of a defect subject to warranty, the Provider is entitled to improve or replace the products.

9.2. The Provider may require the Customer to send the defective products to the Provider, if this is reasonably possible for the Customer, whereby the Provider bears the risk of sending and the costs of the return.

10. The following points 11 to 15 are exclusively applicable to services.

11. Subject Matter of the Contract

11.1. The subject matter of the contract for services is the provision of the agreed services or the granting of access to software of the Provider, e.g., to an app. The services are operated – provided they are made available by the Provider in the form of software – as a SaaS or cloud solution. The Provider provides the Customer with the software in the respective current version for use and grants the Customer the right to use the software for the term of this contract in accordance with these terms of use.

11.2. The Provider can further develop and change the software at any time. The Customer acknowledges this, as well as the fact that this may lead to maintenance periods during which the software is not available or only available to a limited extent.

11.3. If a significant change to the software results from such further development or modification of the software, the Provider will inform the Customer of this in advance. If the Customer suffers disadvantages as a result, the Customer is entitled to extraordinary termination for good cause. This must be exercised within one month of receipt of the information about the changes.

11.4. The Provider will grant the Customer access to the software within 3 working days of ordering. This and any other delivery dates mentioned by the Provider are only binding if they have been expressly designated as binding by the Provider in writing.

12. Grant of Rights

12.1. All rights to the software belong to the Provider. The Provider grants the Customer the non-exclusive, non-transferable, non-sublicensable right to use the software for the term of the contract. The Customer does not acquire any further rights to the software whatsoever.

13. Obligations of the Customer to Cooperate

13.1. The Customer receives access data from the Provider to grant access to the software. The Customer is obliged to keep this access data safe and not to pass it on to third parties.

13.2. The Customer is not entitled to edit, change, reverse engineer, decompile, disassemble the software itself or the program code of the software or parts thereof, or otherwise determine the source code, or create derivative works of the software. The mandatory, non-derogable provisions of §§ 40d and 40e UrhG [German Copyright Act] remain unaffected.

13.3. The permissible use of the software includes the installation, loading into the main memory, displaying and running the software, as well as the intended use of the software by the Customer for their own purposes. The software may only be used for these purposes.

14. Term and Termination

14.1. The contract begins with the conclusion of the contract and is concluded for an indefinite period. The contractual relationship can be terminated by either contracting party in writing with a notice period of three months to the last day of the quarter.

14.2. If the parties have agreed on a minimum contract term, a termination can be made with a notice period of three months to the end of the minimum contract term. If the termination is not made in time, the contract will be extended again by the minimum contract term.

14.3. The right to termination for good cause remains unaffected. Termination for good cause without observing a deadline is possible in particular for the following reasons: (i) The Customer is in default with the payment of the fee despite a written grace period of four weeks. (ii) The Customer violates a material obligation of the contract in question and persists in this violation despite a request for rectification and a reasonable grace period. (iii) The Provider is entitled to terminate for good cause in particular if the Customer's use of the software violates the law or infringes the rights of third parties.

14.4. In the event of termination, the Provider is entitled to deactivate the Customer's account and delete stored customer data. In the event of termination for good cause, the Provider is entitled to take these steps immediately.

15. Warranty

15.1. The Provider warrants that the software has the agreed quality in accordance with the service description. The Provider does not assume any further warranty, in particular the suitability for a specific purpose, the absence of errors, the quality, or a specific property.

15.2. The Provider is free at any time to modify, restrict, expand, or discontinue the functions and content of the software in whole or in part for objectively justified reasons.

15.3. The actual use of the software is the sole responsibility of the Customer. The Provider assumes no responsibility for the data entered or stored by the Customer.

15.4. Continuous availability of the software is not owed. This includes not only unforeseen interruptions in the availability of the software, but also planned maintenance work.

16. Liability and Damages

16.1. The liability of the Provider for damages caused by slight negligence, with the exception of personal injury, is excluded. Liability is also excluded for pure financial losses, loss of profit, damage to third parties, indirect damage, and consequential damage.

16.2. Liability-restricting or excluding provisions of this point 11 do not apply if and to the extent that there is gross negligence or intent on the part of the Provider.

17. General Provisions

17.1. Austrian law applies exclusively to all legal relationships between the Provider and the Customer, to the exclusion of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

17.2. The place of jurisdiction is the court with subject-matter jurisdiction for the Provider's registered office.

17.3. The provider is entitled to suspend the services owed by it in accordance with this contract if the customer has been in default of payment of the fee for four weeks.

17.4. The customer may only offset claims against claims made by the provider if the claims are legally related to the claims, have been recognized or have been established by a court.

17.5. The customer is obliged to inform the provider of changes to his address. If the customer does not disclose a change of address, he is still considered to have received a statement from the provider sent to the last address provided.

17.6. Amendments or additions to this contract must be made in writing. This also applies to a departure from this written form requirement.

17.7. These GTC apply from January 17, 2025.

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General Terms and Conditions for Businesses as of January 17, 2025

1. General

1.1. These General Terms and Conditions ("GTC") apply to all contracts and declarations of intent concluded by EasyMotionSkin Tec GmbH, Gewerbegebiet 47, 6103 Reith bei Seefeld, Austria, FN 446877y, ("Provider") with and towards entrepreneurs ("Customers") regarding physical products ("Products") or subscription services, digital products, or other services ("Services"), in particular those offered and distributed in the web shop ("Webshop").

1.2. These GTC apply if the buyer is an entrepreneur within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) ("Customer"). The General Terms and Conditions for Consumers apply to consumers.

1.3. General terms and conditions of the Customer, in particular general terms and conditions of purchase, do not apply, even if the Provider does not explicitly object to them. Such conditions only apply if the parties have reached a deviating written agreement in individual cases.

1.4. The GTC valid at the time of conclusion of the contract apply to the (one-time) purchase of products or services.

1.5. In the case of services, the Provider reserves the right to unilaterally adapt these GTC at any time. The Provider will inform the Customer of any adjustments at least four weeks before they come into effect via email to the address provided by the Customer. The Customer is entitled to object to the change in writing within two weeks of receiving the email. If the Customer does not do so, the adjustment is deemed accepted. In the event that the Customer objects to the adjustment, the contract ends subject to a notice period of four weeks.

2. Customer Account

2.1. To order products, the Customer must create a customer account in the Webshop. Creating the customer account requires the Customer to provide the following information: company, address, information on the payment methods selected by the Customer, email address, VAT identification number, company register number, and telephone number.

2.2. The Customer is liable for the misuse of their access data by third parties, in particular their employees, provided that the Provider is not responsible for the misuse. This can result in the Customer being obliged to pay for products that were not ordered by the Customer themselves.

3. Conclusion of Contract

3.1. The products and services shown in the Webshop, as well as price information, represent an invitation to the Customer to submit a binding offer to the Provider for the purchase of the products ("Order"). By pressing the button with the text "Order with obligation to pay" by the Customer, the binding order is transmitted to the Provider.

3.2. Unless otherwise agreed, Customer orders are binding for a period of 14 (fourteen) days.

3.3. The Provider will immediately send the Customer a confirmation to the email address provided by the Customer that the order has been received by the Provider ("Order Confirmation"). This order confirmation does not constitute acceptance of the Customer's order, but merely confirms receipt of the order by the Provider.

3.4. The Customer's order is accepted by the Provider when the Provider (i) actually hands over all or only individual products to the shipping service provider for shipping or (ii) in the case of services, makes these available to the Customer or (iii) the Provider explicitly declares acceptance of the order, whereby the earlier point in time is decisive for the conclusion of the contract ("Conclusion of Contract").

3.5. The Provider will send the Customer a confirmation of dispatch of all or individual products to the email address provided by the Customer ("Shipping Confirmation").

3.6. The Customer must ensure that all information provided by them as part of an order is accurate, correct, and up to date. The Customer must notify the Provider of any changes to this information immediately.

4. Payment and Due Date

4.1. All prices quoted are in euros excluding sales tax, and shipping costs, unless otherwise stated.

4.2. Payment in the Webshop can be made via the following payment methods: invoice, credit card, or advance payment. The provider reserves the right to change the payment methods. The provider reserves the right to offer different payment methods to certain customers and for certain products.

4.3. The shipping costs are displayed to the Customer on the confirmation overview before the order is submitted.

4.4. Payment of the purchase price for the products by the Customer is due upon conclusion of the contract, unless the parties agree on payment by installments. If payment by installments has been agreed and the Customer is in arrears with at least two installments, the installment payment agreement becomes invalid and the outstanding purchase price is due immediately.

4.5. In the case of services (e.g., subscriptions), the agreed fee is payable monthly in advance to the Provider, unless a one-time payment has been agreed.

4.6. In the case of services, the fee owed by the Customer is indexed, whereby the consumer price index 2020 published by Statistics Austria or an index replacing it is to be used as a calculation measure. The reference value is the index number last published at the time the contract was concluded.

4.7. In the event that the Customer is in default of payment, interest at a rate of 8% p.a. is agreed. A flat fee of EUR 25.00 will be charged for reminders from the Provider.

5. The following points 6 to 9 are only applicable in relation to products.

6. Delivery

6.1. The Customer has access to the shipping methods specified by the Provider in the Webshop.

6.2. The delivery dates stated by the Provider depend on the information provided by the commissioned shipping service provider and are non-binding.

6.3. If the failure to meet the delivery date is due to force majeure, labor disputes, or other events beyond the Provider's control, the delivery date will be extended appropriately for the duration of the obstacle. The Provider will inform the Customer of the beginning and end of such circumstances as soon as possible, without the Customer being able to derive any claims from the omission of the notification.

6.4. When the Provider ships the products, the risk of loss or damage to the products passes to the Customer when the products are handed over to the shipping service provider.

6.5. The Customer is obliged to accept the products upon delivery. If the Customer is in default with the acceptance of the products, the risk is transferred to the Customer and the warranty period for the Provider's service begins.

6.6. The place of performance in connection with the Provider's service is the registered office of the Provider.

7. Retention of Title

7.1. The Provider retains ownership of the products until full payment of all claims against the Customer and the ancillary costs (in particular shipping costs) by the Customer. As long as the retention of title exists, the Customer is obliged to make the Provider's ownership of the products visible and is generally not entitled to sell the goods, pledge them, or grant other rights to them.

7.2. The Customer is only entitled, with the prior consent of the Provider, to allow products subject to retention of title to be used by their customers by way of loan or rental, provided that they are end customers (consumers) and the contact details of the end customer are transmitted to the Provider before use, so that the Provider can determine to whom their property has been transferred. The Customer shall fully indemnify and hold the Provider harmless for such transfers.

7.3. The Customer is obliged to treat the goods subject to retention of title with care and to notify the Provider immediately of any damage or access by third parties, in particular seizures. In the event of seizures, reference must be made to the Provider's ownership. In the event of a permissible transfer to end customers, the Customer must ensure that these obligations are transferred to the end customer.

8. Default of the Provider

8.1. If the Provider is in default with its service, the Customer must first request the Provider to provide the service within a reasonable grace period of four weeks. If the Provider does not perform within this period, the Customer can withdraw from the contract.

9. Warranty

9.1. In the event of a defect subject to warranty, the Provider is entitled to improve or replace the products. The choice of warranty remedy is up to the provider.

9.2. The Provider may require the Customer to send the defective products to the Provider, if this is reasonably possible for the Customer, whereby the Provider bears the risk of sending and the costs of the return.

10. The following points 11 to 15 are only applicable in relation to services.

11. Subject Matter of the Contract

11.1. The subject matter of the contract for services is the provision of the agreed services or the granting of access to software of the Provider, e.g., to an app. The services are operated – provided they are made available by the Provider in the form of software – as a SaaS or cloud solution. The Provider provides the Customer with the software in the respective current version for use and grants the Customer the right to use the software for the term of this contract in accordance with these terms of use.

11.2. The Provider can further develop and change the software at any time. The Customer acknowledges this, as well as the fact that this may lead to maintenance periods during which the software is not available or only available to a limited extent.

11.3. If a significant deterioration of the software results from such further development or modification of the software, the Provider will inform the Customer of this. If the Customer suffers unreasonable disadvantages as a result, the Customer is entitled to extraordinary termination for good cause. This must be exercised within two weeks of receipt of the information about the changes.

11.4. The Provider will grant the Customer access to the software within 3 working days of ordering. This and any other delivery dates mentioned by the Provider are only binding if they have been expressly designated as binding by the Provider in writing.

12.Grant of Rights

12.1. All rights to the software belong to the Provider. The Provider grants the Customer the non-exclusive, non-transferable, non-sublicensable right to use the software for the term of the contract. The Customer does not acquire any further rights to the software whatsoever.

13. Obligations of the Customer to Cooperate

13.1. The Customer receives access data from the Provider to grant access to the software. The Customer is obliged to keep this access data safe and not to pass it on to third parties.

13.2. The Customer is not entitled to edit, change, reverse engineer, decompile, disassemble the software itself or the program code of the software or parts thereof, or otherwise determine the source code, or create derivative works of the software. However, the mandatory, non-derogable provisions of §§ 40d and 40e UrhG [German Copyright Act] remain unaffected.

13.3. The permissible use of the software includes the installation, loading into the main memory, displaying and running the software, as well as the intended use of the software by the Customer for their own purposes. The software may only be used for these purposes.

14. Term and Termination

14.1. The contract begins with the conclusion of the contract and is concluded for an indefinite period. The contractual relationship can be terminated by either contracting party in writing with a notice period of three months to the last day of the quarter.

14.2. If the parties have agreed on a minimum contract term, a termination can be made with a notice period of three months to the end of the minimum contract term. If the termination is not made in time, the contract will be extended again by the minimum contract term.

14.3. The right to termination for good cause remains unaffected. Termination for good cause without observing a deadline is possible in particular for the following reasons: (i) The Customer is in default with the payment of the fee despite a written grace period of four weeks. (ii) The Customer violates a material obligation of the contract in question and persists in this violation despite a request for rectification and a reasonable grace period. (iii) The Provider is also entitled to terminate for good cause if the Customer's use of the software violates the law or infringes the rights of third parties. (iv) The provider can terminate this contract for an important reason if the customer transfers the products or services to third parties in an unauthorized manner or violates the provisions on retention of title.

14.4. In the event of termination, the Provider is entitled to deactivate the Customer's account and delete stored customer data. In the event of termination for good cause, the Provider is entitled to take these steps immediately.

15. Warranty

15.1. The Provider warrants that the software has the agreed quality in accordance with the service description. The Provider does not assume any further warranty, in particular the suitability for a specific purpose, the absence of errors, the quality, or a specific property.

15.2. The Provider is free at any time to modify, restrict, expand, or discontinue the functions and content of the software in whole or in part for objectively justified reasons.

15.3. The actual use of the software is the sole responsibility of the Customer. The Provider assumes no responsibility for the data entered or stored by the Customer.

15.4. Continuous availability of the software is not owed. This includes not only unforeseen interruptions in the availability of the software, but also planned maintenance work.

16. Liability and Damages

16.1. The liability of the Provider for damages caused by slight negligence, with the exception of personal injury, is excluded. Liability is also excluded for pure financial losses, loss of profit, damage to third parties, indirect damage, and consequential damage.

16.2. The liability is limited in amount to the amount of EUR 50,000. Claims against the provider can only be asserted if the claim exceeds a total of EUR 1,000.

16.3. Claims for damages against the provider become statute-barred within 12 months.

17. General Provisions

17.1. Austrian law applies exclusively to all legal relationships between the Provider and the Customer, to the exclusion of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

17.2. The place of jurisdiction is the court with subject-matter jurisdiction for the Provider's registered office.

17.3. The provider is entitled to suspend the services owed by it in accordance with this contract if the customer has been in default of payment of the fee for four weeks.

17.4. The customer may only offset claims against claims made by the provider if the claims are legally related to the claims, have been recognized or have been established by a court.

17.5. The customer is obliged to inform the provider of changes to his address. If the customer does not disclose a change of address, he is still considered to have received a statement from the provider sent to the last address provided.

17.6. Amendments or additions to this contract must be made in writing. This also applies to a departure from this written form requirement.

17.7. These terms and conditions apply from 17.01.2025.

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General terms and conditions for consumers until 16.01.2025

General terms and conditions for companies

GENERAL

1.1 These general terms and conditions (“GTC”) apply to all orders, sales and deliveries of products (“products”) and the provision of services (“services”) offered, distributed and sold or provided by EasyMotionSkin Tec GmbH, FN 446877y, Gewerbegebiet 47, A-6103 Reith bei Seefeld, (“EMS”).

1.2 These terms and conditions apply if the buyer is a consumer or an entrepreneur within the meaning of § 1 KSchG (both referred to as “customer”). Insofar as provisions of these terms and conditions are not applicable to consumers, this is expressly clarified below.

1.3 The customer's general conditions, in particular general purchasing conditions, do not apply, even if EMS does not decisively object to them. Such conditions only apply if the parties have reached a corresponding written agreement on a case-by-case basis.

1.4 EMS reserves the right to change these terms and conditions at any time. The terms and conditions in force at the time the customer orders apply to the sale and delivery of products.

1.5 If EMS intends to change these terms and conditions, in particular for the provision of services, the intended change will be notified to the customer in advance in writing or by e-mail. If the customer does not object within fourteen days, the customer's consent to the amendment of the terms and conditions is considered to have been given. EMS will draw particular attention to the significance of the failure to appeal.

1.6 If the customer objects to the amendment to the terms and conditions, EMS is entitled to extraordinarily terminate the contract subject to a notice period of two weeks.

2. ORDER, ORDER CONFIRMATION AND SHIPPING CONFIRMATION

2.1 The EMS products and services presented and the associated price information represent an invitation to the customer to send EMS a binding offer to purchase the products or service (“order”). Unless otherwise agreed, orders placed by the customer are binding for a period of 14 (fourteen) days.

2.2 If an order is placed in the web shop, EMS will send the customer a confirmation to the email address provided by him that EMS has received the order (“order confirmation”). If the customer orders from EMS via another channel, EMS sends the customer an order confirmation (“order confirmation”). This order confirmation and confirmation of acceptance do not represent acceptance of the customer's order, but merely confirm receipt. EMS is free to accept or reject the customer's order in whole or in part without giving reasons.

2.3 The customer's order is accepted by EMS (i) in which all or only individual products are actually handed over to the shipping service provider for shipping or (ii) the acceptance of the order is explicitly declared by EMS. EMS will send the customer confirmation of shipment of all or individual products to the email address provided by him (“shipping confirmation”).

2.4 Upon receipt of the shipping confirmation or explicit confirmation of acceptance of the contract, the contract for the sale and delivery of the products is concluded between the customer and EMS. The agreed content of the contract is specified in the order confirmation or, in the case of an order in the web shop, in the shipping confirmation.

2.5 Illustrations, drawings, dimensional and performance specifications as well as public statements (e.g. on the website or in marketing documents) are not part of the contract unless they are expressly described as binding in the description of the products.

3. PRICES AND PAYMENT

3.1 All prices quoted are in euros including sales tax, but excluding shipping costs, unless otherwise stated.

3.2 Unless otherwise agreed, EMS delivers products and provides services only after EMS has received the agreed fee in full. EMS therefore only enters into an obligation to deliver when payment has been received from the customer (“advance payment”).

3.3 In the event that the customer defaults on payment, 7% default interest per annum will be agreed. A lump sum of EUR 15.00 is charged for reminders.

3.4 Unless otherwise stated, the shipping costs for delivery addresses in Austria and Germany are EUR 250 gross.‍

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4. DELIVERY DATE AND DELAY

4.1 Delivery dates specified by EMS are based on the information provided by the contracted shipping service provider and are non-binding, unless otherwise agreed.

4.2 If failure to comply with a performance or delivery date expressly agreed as binding is due to force majeure, industrial action or other events beyond EMS's control, the performance period is extended in any case appropriately for the duration of the impediment. EMS will inform the customer of the beginning and end of such circumstances as soon as possible, without the customer being able to derive claims of any kind from the failure to notify them.

4.3 In the event that EMS is in default, the customer must set EMS a grace period of at least four weeks in writing. Withdrawal from the contract by the customer due to default on the part of EMS is only permitted after the grace period set has expired without result. This provision does not apply if the customer is a consumer.

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5. DELIVERY AND TRANSFER OF RISK

5.1 If the customer is a consumer and EMS ships the products, the risk of loss or damage to the products is only transferred to the customer when the products are delivered to the customer or to a third party specified by the customer. If the customer has concluded the contract of carriage himself without using a selection option suggested by EMS, the risk is transferred to the shipping service provider as soon as the products are handed over.

5.2 If the customer is an entrepreneur and nothing to the contrary has been agreed, the FCA registered office of EMS (Incoterms 2020) is considered agreed.

6. RETENTION OF TITLE

6.1 EMS reserves title to the products until full payment of the purchase price and additional charges (in particular shipping costs) by the customer.

6.2 If the customer sells the products, he hereby assigns to EMS the claims arising from the sale against the third party with all ancillary rights until they have been met in full.

6.3 The customer must immediately inform EMS of all transactions affecting the retention of title, in particular of enforcement measures.

7. WARRANTY

7.1 EMS does not provide any warranty for defects that are attributable to information or individual requests provided by the customer.

7.2 No warranty is given in the following cases: Unsuitable or improper use, natural wear and tear, improper, faulty or negligent treatment and unusual effects.

7.3 In the event of a defect subject to warranty, EMS is entitled to improve or replace the products at its own discretion at EMS headquarters. Costs for returning the products are borne by the customer.

7.4 The customer has the right to withdraw from the contract if there is no mere minor defect and EMS allows a set period of fourteen days for the improvement or replacement to pass fruitlessly. If there is an insignificant defect, the customer is only entitled to reduce the purchase price.

7.5 If the customer is an entrepreneur, Section 924 ABGB does not apply. In addition, the customer must report defects immediately, but no later than fourteen days in the event of any other exclusion within the meaning of Section 377 UGB.

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8. LIABILITY AND COMPENSATION

8.1 EMS's liability for damage caused by slight negligence (excluding personal injury that occurs despite proper handling of the products or services) is excluded. If the customer is an entrepreneur, liability is excluded even for simple gross negligence.

8.2 Liability is excluded for pure financial losses, loss of profit, third-party damage, indirect damage and subsequent damage. If the customer is a consumer, this exclusion of liability only applies in the event of slight negligence.

8.3 The amount of EMS's liability is capped at the respective purchase price actually paid by the customer, but not more than EUR 100,000.00 (in words: euro one hundred thousand).

8.4 Claims for damages against EMS or EMS employees expire within six months of becoming aware of the damage and the person causing the damage. If the customer is a consumer, claims expire within the legal period of three years.

9. GENERAL PROVISIONS

9.1 Austrian law applies exclusively to all legal relationships between EMS and the customer, to the exclusion of conflict of law rules and the UN sales law.

9.2 The place of jurisdiction is the competent court for the seat of EMS. The customer is also entitled to file an action at his place of residence.

9.3 The place of performance for obligations arising from the contractual relationship is the headquarters of EMS.

9.4 The customer may not transfer or assign this contract to third parties without written consent from EMS.

9.5 The customer may only offset claims against claims made by EMS if the claims are legally related to the claims, have been recognized or have been established by a court.

9.6 The customer is obliged to notify EMS of changes to its address. If the customer does not disclose a change of address, he is still considered to have received a declaration from EMS sent to the last address provided.

9.7 Amendments or additions to this contract must be made in writing. This also applies to a departure from the written form requirement.
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10TH VESUBSCRIPTION MODEL SUBSCRIPTION TERMS (“VBA”)

10.1 Scope

EasyMotionSkin Tec GmbH, FN 446877y LG Innsbruck, Gewerbegebiet 47, 6103 Reith bei Seefeld (EMS) will be the customer's contract partner

Some provisions of the terms and conditions apply to the customer only if he is a consumer within the meaning of § 13 BGB or an entrepreneur within the meaning of § 14 BGB. The customer is a consumer within the meaning of § 13 BGB if he uses the provider's services for a purpose that cannot be attributed to commercial or independent professional activity.

The “for rent” agreements made between the provider and the customer result from the following VBA, the privacy policy and the order confirmation. Divergent or supplementary regulations made by the customer do not apply. They do not apply even if the provider does not expressly object to the inclusion.‍

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10.2 Subject matter of the contract

This contract regulates the rental of goods, hereinafter referred to as “goods”.

10.3 Conclusion of the rental agreement, shipping or handing over of the goods

a. Conclusion of contract

The ordering process leading to the conclusion of the contract comprised the following steps:

Selection of the goods in the desired specification (type of object, contract period/frequency of payments, and, if applicable, size and color of the item.)

Provide the billing and delivery address

Payment method selection

After ordering the goods, the customer receives a non-binding confirmation of the rental request. After successful review of the order, the rental contract is concluded.

The customer assures that all data provided by him when registering or ordering (e.g. name, address, email address, bank details, VAT ID, if applicable) is correct and that he has not used any data from third parties. The customer undertakes to immediately notify the provider of any changes to the data. The customer is liable for misuse of access data by third parties, insofar as he is responsible for them. This may also mean that he is obliged to pay usage fees for goods that he has not ordered himself.

The privacy policy applies to the user's personal data collected during collection.

When ordering via the website, the provider only enters into contractual relationships with natural persons of legal age who have full legal capacity. We ensure the minimum age by using a reliable process including personal identity and age verification. Orders can also be placed by a legal entity or partnership. The registration of a legal entity or partnership as a customer may only be carried out by a natural person authorized to represent it or a person authorized by it who must be named, hereinafter “authorized representative”.

c. Dispatch or transfer of goods:

If the goods are ordered, the goods will only be shipped when the customer has paid the first month's rent. As long as the condition of successful initial payment is not met, the provider is entitled to withhold the goods. No usage fee is payable for the period between dispatch of the goods and their delivery to the customer (see section 10.6). The paid rent only starts when the goods are delivered to the customer.

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10.4 Right of withdrawal

If the customer is a consumer, he is entitled to cancel his contract declaration. Customers who are entrepreneurs have no right of withdrawal.

Information about the conditions of exercise and the legal consequences of canceling the rent can be found in the separate cancellation policy, which is referred to here.

10.5 Start of rental, contract duration, termination

Has the customer rented the goods via the website (Section 10.3.a. (i.) (a)), the rental period begins with delivery of the goods to the customer, hereinafter “delivery”. The goods are considered delivered within the meaning of this provision when the supplier commissioned by the provider has delivered the goods to the customer.

The term of the contract and the right of termination depend on the customer's choice when ordering.

Unless otherwise agreed, the following applies:

a) In the case of a specific minimum period: The contract is concluded for the period specified when ordering. The parties have the right to cancel the contract with a notice period of one month before the end of the contract period without giving reasons. If the parties do not exercise this right to cancel, the contract is automatically extended for an indefinite period with an option to cancel under the “pay as you go” conditions described under (b).

b) In the case of an indefinite contract period, so-called “pay as you go”: The contract is concluded for an indefinite period. Both parties have the right to cancel the contract on a monthly basis without giving reasons. The right to extraordinary termination for good cause remains unaffected. In particular but not exclusively, the provider is entitled to extraordinary termination, in cases

- the delay in payment with two consecutive usage fees to be paid;

- the late payment of the usage fee if the customer has already been warned or reminded due to repeated payment delays;

- sustained seizures or other enforcement measures directed against the customer or judicial or extrajudicial insolvency proceedings opened against the customer;

- the unauthorised transfer of the goods to third parties;

- the significant risk of the goods as a result of poor care or improper and illegal use; or

- for other important reasons on the part of the provider.

The termination must be made in writing. The cancellation is effective upon receipt by the provider. If the provider terminates a rental agreement, the customer is obliged to immediately return the rental items with all accessories to the provider. Payments made in advance are not refundable regardless of when the customer returns the device.

10.6 Terms of delivery

The product is delivered to the shipping address provided by the customer. The provider is entitled to make partial deliveries to a reasonable extent. Should the provider discover while processing the order that the product ordered by the customer is not available despite careful examination of the inventory and for reasons beyond the supplier's control, the customer will be informed of this by e-mail and a contract will not be concluded. If the provider has previously accepted the customer's contract offer through the rental or purchase confirmation, the provider is entitled to withdraw. Any payments made will be refunded immediately. The delivery times specified in connection with the presentation of the offer are approximate. They are therefore considered to be only approximate. If the specified delivery date is exceeded by more than four weeks, each party is entitled to withdraw from the contract. If the provider is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by its own suppliers, although a corresponding hedging transaction has been made in good time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and any services received, in particular payments, will be refunded. The obligation to compensate for damage caused by delay is limited in foreseeable, typical ways. This limitation of liability does not apply in the event of intentional or grossly negligent breach of contract. The above limitation of liability does not affect the provider's liability for culpable injury to life, body and health.

10.7 Retention of title

The delivered goods remain permanently the property of the provider.

During the rental period, the customer may not transfer the use of the goods to a third party without the prior written consent of the provider, in particular not sell, gift, rent or loan. Excluded from this is the free use of the goods by persons belonging to the customer's household or employees of the customer.

The customer is obliged to keep the goods free from third-party rights during the rental period.

The customer may not change the goods. No change in the goods is a removal of a defect in accordance with the requirements of Section 536a (2) BGB or wear and tear of the goods as a result of use in accordance with the contract within the meaning of Section 538 BGB. The customer is not entitled to reimbursement of expenses for changes made by him in accordance with Section 539 (1) BGB. The provider is entitled to restore the original condition after the end of the contract at the customer's expense. The customer is exempted from his obligation to pay if the original condition can only be restored with disproportionate effort.

10.8 Usage fees, shipping costs

The provider charges usage fees for the use of the goods. The amount of the usage fees results from the order confirmation. All rental prices are final prices and include statutory sales tax. In addition to the final prices, there are additional costs, depending on the shipping method, which are specified and notified before the order is sent.

The provider is entitled to change the usage fees for the next contract period. The provider will inform the customer of this no later than six weeks before the change comes into force. If the customer does not agree with the change, he can cancel the user agreement up to two weeks before the price change comes into force. If there is no cancellation, the customer's consent to the price change is fabricated. The provider will separately point out the possibility of termination and compliance with the deadline.

If the customer returns the goods to the supplier without the accessories provided to him by the supplier together with the goods, the customer is obliged to return the missing accessories and the missing component within one month at the provider's request. Should the customer not return the missing accessory or component within one month despite the provider's request, the provider is free to demand the value of the missing accessory or component.

10.9 Payment terms

Payment is processed by the provider of the goods - in its own name or on behalf of the provider. The customer only has the following payment options: Payment service provider (e.g. PayPal, Stripe...), credit card and SEPA direct debit. When using a payment service provider, this allows the provider and customer to process the payment between themselves. In doing so, the payment service provider forwards the customer's payment to the provider. For more information, please visit the website of the respective payment service provider. When paying by credit card, the customer must be the legal cardholder. The credit card will be charged once the rental request is confirmed. As part of a SEPA direct debit procedure, the bank, BIC and IBAN of the customer's bank account are required. By selecting the SEPA direct debit procedure, the customer authorizes the provider to collect payments from his bank account by direct debit. At the same time, he instructs his bank to redeem the direct debits drawn to his bank account by the provider. The customer's bank account will be charged after the order has been completed. Within the framework of the conditions agreed with his bank, the customer can request reimbursement of the debited amount within eight weeks, starting from the debit date. The customer can revoke his SEPA direct debit mandate in accordance with Section 675p BGB.

The usage fees are to be paid by the customer in advance and regardless of the actual period of use of the item and will not be refunded if the customer returns the item to the provider before the end of the contract period. There is no right to partial refund or crediting. In the case of a contract with a minimum term, the usage fee is due upon conclusion of the rental agreement, but before dispatch of the goods (see section 10.3.c.) and then on the 1st of the first month of the respective contract extension. In the case of a contract with an indefinite term, the first monthly payment is due upon conclusion of the rental agreement, but before dispatch of the goods (see section 10.3.c.) on the 1st of each new month of use.

If the customer is in default of payment, the provider is entitled to claim default interest of 9% points above the base interest rate, unless the customer is a consumer. In this case, the default interest is 5% points above the base interest rate. The provider reserves the right to prove higher damage. Against the provider's payment claim, customers may only offset claims that are undisputed by the provider or have been legally established against the provider. This does not apply if the customer's claim resulted from a claim in kind that entitles the customer to refuse to provide benefits. Customers may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

10.10 Customer Responsibility

As usual, use must be carried out carefully while minimizing the expected damage. In the event of any damage or other impairment of the rental property during the rental period, the customer is obliged to immediately inform the provider in writing of all details of the event that led to the damage to the property. In the event of damage to the goods and other violations of the rental agreement concluded between the customer and the provider, the customer is generally liable in accordance with legal regulations.

10.11 Exemption from liability of the provider

The customer releases the provider from all claims made by third parties against the provider due to improper, contrary to contract or illegal use of the rental property, unless he is not responsible for them. In the event of an exemption in accordance with sentence 1, the customer shall compensate the provider for any damage suffered by the provider as a result of improper, contrary to contract or illegal use, including any costs of legal defense. The user immediately informs the provider if third parties assert claims due to improper, contracted or illegal use of the goods and supports the provider in legal defense.

10.12 Prohibition of assignment, pledge and transfer of use

Claims or rights of the customer against the provider may not be assigned or pledged without the latter's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge. During the term of the rental agreement, any goods owned by the customer, which are nevertheless owned by the provider, or one of his business partners, sister or subsidiary companies, or other contractual partners, may neither be transferred by the customer to a third party, nor re-let, leased, sold, encumbered with a lien or otherwise made the subject of a transaction.

10.13 Data protection

Please note our privacy policy.

10.14. Online dispute resolution and consumer arbitration board

If the customer is a consumer, the following notice applies: The European Commission offers a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The provider is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards

10.15 Customer Service

You can contact our customer service via the contact details published on our website.

10.16 Amendments

The provider is entitled to make changes to the terms of use at any time, unless essential provisions of the contractual relationship (in particular type and scope, duration, termination) are included. The customer will be notified of the amended conditions in writing at least six weeks before they come into force. The changes are considered approved if the customer does not object to them within six weeks of receipt of the notification. The provider will separately inform the customer of the possibility of objection and compliance with the deadline. If the right of objection is exercised, the changes will not become part of the contract and the contract will continue unchanged.

In the event of a timely objection by the customer to the amended subscription model terms, the provider is entitled, while maintaining the legitimate interests of the customer, to cancel the existing contract with the customer at the time when the change comes into force. Corresponding user content is then deleted from the database. The user cannot make any claims against the provider as a result.

10.17 Applicable Law

The laws of the Federal Republic of Germany apply to the terms and conditions and the contractual relationship between the provider and the customer. The application of German international private law and the UN sales law is excluded. If the customer is a consumer, the choice of law does not result in him being deprived of the protection granted to him under the mandatory consumer protection provisions of the law applicable at his habitual residence. The choice of law also does not mean that he must enforce his law before a foreign court.

10.18 Final provisions

Should individual provisions of the AGB/VBA be ineffective, this does not affect their effectiveness. If the customer is a merchant within the meaning of the Commercial Code, Innsbruck (AT) is agreed as the place of jurisdiction for all disputes arising between the customer and the provider.

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