Terms and Conditions
Terms and conditions: https://smilesecret.de, as of August 1st, 2023
General terms and conditions of business
1. Scope
The following general terms and conditions apply to all contracts concluded between the seller ECOMNIO DIENSTLEISTUNG GMBH Akazienweg 1A, 99195 Riethnordhausen , (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://smilesecret.de conclude contracts regarding the goods presented by the Seller in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
These general terms and conditions apply to all current and future contracts, deliveries and other services of the seller, even without special inclusion, for businesses.
Any terms and conditions of the entrepreneur that conflict with or deviate from these general terms and conditions are hereby rejected and shall only be deemed to have been agreed between the seller and the entrepreneur if the seller expressly agrees to their validity in writing.
2. Conclusion of contract
2.1 The essential characteristics of the goods offered by the Seller as well as the validity period of limited-time offers can be found in the individual product descriptions on https://www.smilesecret.de.
2.2 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.3 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.4 The Seller may accept the Customer’s offer within five days,
- He sends the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- he delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- he will compensate the customer and request payment after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been sent. The Seller will not make the contract text available to the Customer beyond this time.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.
2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 Technical steps of the ordering process
When ordering via the seller's online shop, the ordering process includes the following technical steps. First, the buyer selects the desired product by clicking the "Add to Cart" button. The products in the shopping cart are then displayed. Products in the shopping cart can be deleted by clicking the "Remove" button. By clicking the "+" and "-" buttons, the buyer has the option of changing the quantity of selected products. To complete the order, the buyer must confirm the seller's terms and conditions and acknowledge the cancellation policy by checking the boxes provided. By clicking the "Checkout" button, the buyer proceeds to the next step of the ordering process, "Customer Information." After the buyer has entered their name, address, including the billing address and any alternative delivery address, as well as their email address, in the fields provided, they proceed to the next step of the ordering process, "Shipping," by clicking the "Continue to Shipping Method" button. Only free standard shipping can be selected here. By clicking the "Continue to payment method" button, the buyer proceeds to the next step of the ordering process, "Payment." After choosing and selecting a payment method offered by the seller—namely, "Credit Card," "PayPal," "Sofort," "Invoice with Klarna," or "Instalment Purchase with Klarna"—the buyer clicks the "Review Order" button to access the order overview page. On the order overview page, the buyer has the opportunity to review the data required for the order, the selected payment method, and the selected products before completing the order by clicking the "Buy Now" button.
If the payment method “Paypal” is selected, the buyer will be taken to the Paypal website by clicking on the “Buy Now” button and will be automatically redirected to the order overview page of the seller’s online shop after entering their login details and completing the payment process.
2.9 Cancellation is not possible after the order has been submitted. However, the buyer has the right of withdrawal (see Terms and Conditions 5).
3. Contract language
The contract language is exclusively German.
4. Storage of the contract text
The contract text is saved by the seller and made available to the buyer before completing the order. It is then sent again via email after the contract is concluded. The terms and conditions can be viewed and downloaded by the buyer at any time on this website. Past orders can be viewed in the buyer's customer account.
5. Right of withdrawal
5.1 Consumers are entitled to the statutory right of withdrawal in accordance with the seller's cancellation policy. In the event of a cancellation, a processing fee of €3.90 is due, which must be paid by the buyer. This amount will be deducted from the refunded purchase price.
5.2 The right of withdrawal does not apply to distance contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
6. Prices and payment options
6.1 The prices quoted by the Seller include the applicable statutory value-added tax and are final prices plus any additional shipping costs. Packaging and shipping costs are listed separately on the " Terms of Delivery and Payment " website.
6.2 The following payment options are available to the Buyer in the Seller’s online shop:
a) PayPal
If the buyer chooses the PayPal payment method, the buyer pays the purchase price via the payment service provider PayPal (Europe) S.à rl et SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.
If the buyer already has a PayPal account, the buyer will be redirected to PayPal and, after entering their PayPal account credentials, must confirm the payment order to the seller. The relevant PayPal terms of use can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
If the buyer does not have a PayPal account, payment can be made after being redirected to PayPal using the "Payments without a PayPal account" feature. The relevant terms of use for payments without a PayPal account can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
b) Credit card
If the buyer chooses to pay by credit card, the purchase price will be reserved on your credit card at the time of the order ("authorization"). The actual debit to the buyer's credit card account occurs at the time the seller ships the goods to the buyer.
c) Klarna purchase on account & installment purchase and instant bank transfer
If the buyer chooses the payment methods Klarna, Invoice Purchase & Installment Purchase, and Sofort Überweisung, the buyer pays the purchase price via the payment service provider Klarna Bank AB, Sveavägen 46, 111 34 Stockholm. Payment is made to Klarna:
- Invoice: The payment period is 14 days from the date of shipment of the goods/ticket/or, for other services, the date the service is made available. The invoice terms for deliveries to Germany can be found here and for deliveries to Austria here .
- Installment purchase (available in Germany only): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the terms otherwise specified during checkout. Installment payments are due at the end of each month after Klarna sends you a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European Standard Information for Consumer Credit, can be found here .
- Instant transfer: All you need is your IBAN, BIC, PIN, and TAN. Using Klarna Bank AB's secure payment form, which is not accessible to merchants, Sofortüberweisung automatically sets up a real-time transfer to your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose Sofortüberweisung as your payment method, a pre-filled form will open at the end of the order process. This already contains our bank details. The form also displays the transfer amount and the intended use. You must now select the country in which you have your online banking account and enter the BIC. Then enter the same information you used when registering for online banking (IBAN and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any internet user can use Sofortüberweisung as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find out more information about whether your bank supports this service here .
The use of the payment methods Prepayment, Klarna Purchase on Account & Installment Purchase and Sofort Überweisung requires a positive credit check. Therefore, as part of the purchase initiation and processing of the purchase contract, we pass your data on to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here and for Austria here . General information about Klarna can be found here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany and Austria .
7. Delivery and shipping conditions
7.1 Unless otherwise agreed, the goods will be delivered to the delivery address specified by the buyer during the order process.
7.2 The goods will be delivered in accordance with the shipping costs and delivery times stated on the website “ Terms of Delivery and Payment ” and in the product description.
7.3 Any customs duties or local taxes must be borne by the buyer.
8. Retention of title
The goods remain the property of the seller until full payment has been made.
9. Warranty
The warranty is based on the statutory provisions.
10. Transport damage
If goods are delivered with obvious transport damage, the buyer is asked to immediately report this to the delivery person and notify the seller. Failure by the buyer to file a complaint or contact the seller will have no effect on the validity of the statutory warranty rights.
11. Liability
The seller excludes liability for slightly negligent breaches of duty, unless these concern damages resulting from injury to life, body, or health, or guarantees, or claims due to fraudulent misconduct or are relevant under the Product Liability Act. Furthermore, liability for the breach of duties whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer may regularly rely remains unaffected. The same applies to breaches of duty by the seller's legal representatives or vicarious agents.
12. Information on online dispute resolution
The EU Commission provides an internet platform for online dispute resolution (so-called “ODR platform”), which can be accessed at http://ec.europa.eu/consumers/odr/ .
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. Codes of Conduct
The seller has not submitted to a specific code of conduct.
14 Customer Service
The seller does not offer any customer service beyond the processing of statutory warranty claims.
15. Final provisions
15.1 Should any provision of these General Terms and Conditions be invalid, the remaining provisions of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
15.2
If the buyer is an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.
16. Money-back guarantee
The money-back guarantee is available within 30 days and applies ONLY to the PAP+ Complete Set 2.0 (consisting of Phonebleaching + Coco Whitening Strips) and the PAP+ Complete Set (consisting of Phonebleaching + 2597 C Color Corrector )
We have absolute confidence in our products, which is why we offer a 100% results or money-back guarantee.
We guarantee that your teeth will whiten by at least 2 shades when using our products.
In the unlikely event that this is not the case with your SmileSecretMedical experience, please continue reading below.
To qualify for our money-back guarantee, simply follow the instructions below:
16.1. Take a clear photo of your teeth before using our products.
16.2. Use our products exactly as directed.
16.3 Take a clear photo before and after completing all applications.
16.4. Before/after photos must be taken with the date and shade chart. At least 7 days must pass between the photos (for the money-back guarantee).
16.5. Once approved, your refund will be processed.
You have 30 days from the date of purchase to claim the money-back guarantee.
Attempted claims that do not meet these criteria will not be eligible for refund.
With a money-back guarantee, the buyer bears the insured return shipping as well as the shipping costs already incurred by the seller.
* Please ensure your before and after photos are taken under similar lighting conditions to ensure accurate results. Before and after photos must also include valid date and time stamps, and the shade chart must be highlighted with the shade checked. Otherwise, a refund will not be issued.
17. Influencer Program
By registering in our influencer program, the registered person commits to a cooperation which consists of a product placement on Instagram in the form of two Instagram stories with five sequences each and one Instagram feed post.
The registered person must complete this cooperation within 21 days of receiving the products.
If the cooperation is not carried out as agreed or not at all, WORLD WIDE MARKETING FZCO reserves the right to invoice the registered person for the products in full.
18. Final provisions
18.1 Should any provision of these General Terms and Conditions be invalid, the remaining provisions of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
18.2
If the buyer is an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.
19. COMPETITION
19.1 ORGANIZER
“Black” Weeks Competition” is a competition of WORLD WIDE MARKETING FZCO
19.2 ELIGIBILITY TO PARTICIPATE
Any natural person over the age of 18 is eligible to participate. Exceptions are employees and authorized representatives of WORLD WIDE MARKETING FZCO, their family members, and household members. WORLD WIDE MARKETING FZCO reserves the right to refuse participation from the outset or to subsequently exclude individuals from the competition and reclaim the prize for good cause. Good cause may include, for example, cases of misuse or fraud (including attempted fraud) or other violations of the terms and conditions of participation. WORLD WIDE MARKETING FZCO reserves the right to revoke prizes retroactively in such cases.
19.3 CONTENT OF THE COMPETITION
Participation in the competition is possible by completing a fully completed Smile Secret order in the online shop www.smilesecret.de. Anyone who has placed a Smile Secret Medical order between November 22nd and November 29th, 2021, is eligible to participate. The prize cannot be paid out in cash or transferred to another person.
19.4 PARTICIPATION; WINNER DETERMINATION
By placing an order, the user agrees that
• In case of winning, for the purpose of notification of the winner, his full first and last name on the homepage and social channels of WORLD WIDE MARKETING FZCO
may be published
• His full name and address for identification as a winner using an identity card from WORLD WIDE MARKETING FZCO will be forwarded as an email to info@smilesecret.de .
If you are not interested in participating in the competition, you can indicate this as a note/comment when ordering.
19.5 DATA PROTECTION
Data protection information: The organizer processes personal data solely for the purposes of this competition based on the consent of each participant in accordance with Art. 6, Paragraph 1a of the EU GDPR. Further data protection information can be viewed at any time on our website (https://smilesecret.de/pages/datenschutzerklarung).
19.6 NOTIFICATION OF WINNERS
The winner will be drawn after November 30, 2021. The winners will be notified promptly by email.
The winner must contact us by email ( info@smilesecret.de ) by December 10, 2021, with their ID and order number. Otherwise, the prize will be forfeited.
19.7 PARTICIPATION DEADLINE
The competition begins on November 22, 2021. The participation period ends on November 29, 2021, at 11:59 p.m.
19.8 DISCLAIMER / CHANGE AND EARLY TERMINATION OF THE COMPETITION
The organizer is not liable for the availability of the Facebook or Instagram website, or for its own Facebook or Instagram website. The organizer is also not liable for any transmission errors. The organizer reserves the right to terminate the competition prematurely, in whole or in part, at any time and without notice, or to alter its course if it is not possible to conduct the competition properly for technical reasons (e.g., computer viruses, tampering with or errors in software or hardware) or for legal reasons. Instagram, Facebook, Apple, or Mercedes-Benz have no connection with the competition. All trademark rights must be protected and remain unconditionally with the companies.
19.10 FINAL PROVISIONS
The laws of the Federal Republic of Germany apply. Legal recourse is excluded.