General Terms and Conditions of Dr. Tonar Cosmetics GmbH

1. Validity of the General Terms and Conditions

  • These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via the online shop between Dr. Tonar Cosmetics GmbH (hereinafter "Dr. Tonar Cosmetics") and customers who are consumers.
  • A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his or her commercial or independent professional activity.
  • The customer acknowledges and agrees to these terms and conditions as soon as he places an order. The applicability of any general terms and conditions of the customer is excluded.

2. Conclusion of contract

  • The product presentation on the website does not constitute an offer, but rather a non-binding invitation to the customer to make an offer themselves. By placing an order, the customer makes a legally binding offer. Confirmation of receipt of the order, together with acceptance of the order, is sent by an automated email immediately after it has been sent.
  • The customer of the online shop can select the product(s) he/she wants by clicking on the "Add to cart" button. Here, the customer also declares that he/she has read and accepted the General Terms and Conditions and the Privacy Policy by clicking on the box. The selected products are saved in the shopping cart during the customer's visit to the website. Here, the customer can then specify the desired quantity. The ordering process continues by clicking on the "Checkout" button. In the next step, the customer can either create their own user account or alternatively continue as a guest or carry out an express checkout via their PayPal account. If the customer orders as a guest, they will be asked to provide their contact details as well as the delivery and billing address. In the next step, the shipping method must be confirmed and in the next step the payment method must be selected. In the next step, the order overview is shown to the customer again for review and verification. If the customer now clicks the "Buy" button, the order is sent to Dr. Tonar Cosmetics. By clicking the “Buy” button, the customer submits a binding offer to purchase the goods he has selected.
  • After receiving the order, Tonar Cosmetics sends a notification email to the email address provided by the customer, confirming receipt of the order and displaying its contents. This concludes the contract (order confirmation). The customer also receives the invoice in a separate email.
  • The orders are stored by Dr. Tonar Cosmetics and can be viewed by the customer under the link “My Account” in the tab “My Orders”.

3. Right of withdrawal

  • The customer can withdraw from his online contract declaration without giving reasons within 14 days.
  • To exercise the right of withdrawal, the customer must inform Dr. Tonar Cosmetics of his decision to withdraw from the contract by means of a clear declaration (for example a letter sent by post or email). In order to be effective, the withdrawal must be made exclusively to the contact details of Dr. Tonar Cosmetics stated in these General Terms and Conditions.
  • The customer can use the sample cancellation form for this purpose. However, this is not mandatory. After cancellation, the customer will receive a return label from Dr. Tonar Cosmetics by email to send the package back. Dr. Tonar Cosmetics will only cover the costs of the return if this label is used.
  • The cancellation period shall be fourteen days from the day on which the customer or a third party other than the carrier designated by the customer takes possession of the goods - in the case of multiple goods in a single order or partial deliveries, the last delivered goods. To meet the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
  • Exception to the right of withdrawal: Delivered goods cannot be returned if the customer has visibly used the goods.
  • If the customer exercises his right of cancellation in accordance with the above provisions, the payment will be refunded concurrently after receipt of the goods by Dr. Tonar Cosmetics and inspection. The customer will receive all payments that Dr. Tonar Cosmetics has received from him, including delivery costs in accordance with the above provisions, within fourteen days from the day on which Dr. Tonar Cosmetics receives the cancellation notice. Dr. Tonar Cosmetics can refuse the refund until Dr. Tonar Cosmetics has received confirmation of the return or until Dr. Tonar Cosmetics has actually received the return. Dr. Tonar Cosmetics usually uses the same means of payment for this refund that the customer used for the original transaction. Click here to download the sample cancellation form.

Click here to download the sample cancellation form.

4. Prices

  • All prices are total prices; they include packaging costs and the applicable statutory sales tax.
  • Tonar Cosmetics reserves the right to make pricing errors and in such a case will charge the correct lower or higher purchase price. Charging a higher price is only possible with the customer's consent.

5. Shipping costs

  • Shipping costs are added to the stated product prices. However, shipping is free within the EU.
  • You will find out more about the shipping costs directly during the ordering process.

6. Delivery conditions

  • Delivery is made by a logistics partner selected by Dr. Tonar Cosmetics to the address provided by the customer. Shipping is only possible within the EU and Switzerland.
  • The estimated delivery time is 1-6 working days (weekdays excluding Saturdays, Sundays and public holidays), depending on the recipient's country of origin. The delivery period begins one day after receipt of the order.
  • If delivery or compliance with an agreed delivery time becomes impossible because the goods cannot be delivered or are not available, Dr. Tonar Cosmetics is entitled to withdraw from the contract in whole or in part. Dr. Tonar Cosmetics will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins. The customer is entitled to withdraw if delivery is not made within 18 working days. The withdrawal must be made in the same form as a revocation under these terms and conditions.

7. Due date and retention of title

  • The purchase price is due upon receipt of the order and must be received by Dr. Tonar Cosmetics within 14 working days of receipt of the invoice.
  • The delivered goods remain the property of Dr. Tonar Cosmetics until full payment has been made. The customer therefore bears the risk of loss and deterioration of the goods from the time of receipt of the goods until full payment has been made. The customer must bear all costs associated with exercising the retention of title and taking back the goods, including reminder fees and legal fees.

8. Terms of payment

  • Tonar Cosmetics accepts the following payment methods: PayPal and credit card (Visa, Mastercard and American Express).
  • When paying by credit card, the customer's credit card will be charged immediately after the order is completed. This also happens if Dr. Tonar Cosmetics does not have the goods in stock and cannot ship them for a few days.
  • When paying with PayPal, the customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register first. After legitimizing with the access data, the customer can confirm the payment instruction to Dr. Tonar Cosmetics. The customer will receive further information during the ordering process.

9. Warranty

  • The statutory warranty provisions apply in accordance with the following regulations.
  • If the goods have a defect that was already present when the goods were handed over to the customer or a third party named by the customer, the customer must notify Dr. Tonar Cosmetics immediately.
  • It is possible that the appearance of the goods differs slightly from the product images shown on the website. However, the goods are only defective if they do not have the agreed or usually assumed properties or if they cannot be used in accordance with the product description. Otherwise, the minor deviation is reasonable for the customer and Dr. Tonar Cosmetics is not obliged to provide a guarantee.
  • Tonar Cosmetics will then repair or replace the goods within a reasonable period of time, depending on the customer's wishes. Dr. Tonar Cosmetics can then decide on the question of legal remedy if either repair or replacement is impossible or involves disproportionately high costs for Dr. Tonar Cosmetics.
  • If Dr. Tonar Cosmetics is unable to remedy the defect by improvement or replacement, the customer can choose between a price reduction or withdrawal from the contract.
  • Unless there is a price reduction, the customer must return the goods to Dr. Tonar Cosmetics. Returns at Dr. Tonar Cosmetics' expense can only be made after the customer has contacted Dr. Tonar Cosmetics and complied with the return conditions then communicated to the customer.
  • Warranty claims expire within two years from receipt of the goods by the customer or a third party designated by the customer. Warranty claims beyond the shelf life stated on the product do not exist.

10. Disclaimer

  • Claims for damages by the customer against Dr. Tonar Cosmetics are excluded unless Dr. Tonar Cosmetics or its vicarious agents have acted intentionally or with gross negligence.
  • Liability for damages resulting from injury to life, body or health, due to negligent or intentional breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when concluding the contract or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected.
  • Essential contractual obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

11. Data protection

  • Data protection provisions can be found in the Privacy Policy and the Cookie Policy

12. Set-off

  • Set-off of claims by Dr. Tonar Cosmetics with counterclaims of the customer is only permitted in the event of insolvency of Dr. Tonar Cosmetics or if the counterclaims are legally related to the customer's liability, have been established by a court or have been recognized by Dr. Tonar Cosmetics.

13. Severability Clause

  • If any provision of these Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall then be replaced by a provision that comes closest to the economic purpose.

14. Choice of law, place of jurisdiction

  • These General Terms and Conditions, including the question of their formation, are subject to Austrian substantive law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules that refer to foreign law.
  • The exclusive place of jurisdiction for all disputes arising from or in connection with contractual relationships between the customer and Dr. Tonar Cosmetics is the court with jurisdiction for Vienna Inner City, Austria. However, the customer's rights under Section 14 of the Consumer Protection Act remain unaffected. Dr. Tonar Cosmetics also has the right to sue at the customer's general place of jurisdiction.