Terms of service

§ 1 Scope

These General Terms and Conditions apply exclusively to the business relationship between Softmark AG and the customer in the version valid at the time of the order.

Any differing terms and conditions of the customer shall only apply if expressly agreed to in writing.

§ 2 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

By submitting an order, you make a binding offer to conclude a purchase contract.

After placing your order, you will receive an automated order confirmation by email. This confirmation does not constitute acceptance of your offer but merely confirms receipt of your order.

A purchase contract is only concluded when we dispatch the goods and confirm shipment via a separate email (shipping confirmation).

Products not listed in the shipping confirmation are not part of the purchase contract.

Softmark AG does not sell products to minors. By placing an order, you confirm that you are at least 18 years old.

§ 3 Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you, take possession of the goods.

To exercise your right of withdrawal, you must inform us (Softmark AG, Hirtenweg 2A, 82031 Grünwald, Germany, email: info@softmark.de) of your decision by means of a clear statement.

To meet the withdrawal deadline, it is sufficient that you send your notification before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including standard delivery costs, within 14 days of receiving your withdrawal.

We may withhold reimbursement until we have received the returned goods or you have provided proof of return.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods if this results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal expires prematurely for sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.

§ 4 Returns

Independently of the statutory right of withdrawal, unopened and unused items may be returned within 30 days of receipt, provided they are in their original packaging.

For hygiene reasons and to protect our customers, returns or refunds for opened or used products are excluded.

Returns are excluded in particular for items:

  • whose seal has been removed
  • that have been used or tested
  • whose labels have been altered or damaged
  • that are not returned in full
  • that are part of promotions or sets

Returns that do not comply with these guidelines will be returned to you.

§ 5 Delivery

Delivery is made to the address specified by you.

If delivery is not possible for reasons for which you are responsible, you shall bear the costs of the unsuccessful delivery.

Shipping costs are specified during the ordering process.

§ 6 Prices and Payment

All prices include applicable statutory VAT.

Payment is made using the payment methods offered in the shop.

The goods remain the property of Softmark AG until full payment has been received.

§ 7 Set-Off and Retention

You are only entitled to set off claims if your counterclaims have been legally established or are undisputed.

§ 8 Retention of Title

The goods remain our property until full payment has been made.

§ 9 Warranty and Liability

Statutory warranty rights apply.

Claims for defects expire within two years from delivery of the goods.

In the event of a defect, you are entitled to subsequent performance (replacement delivery or repair).

Further claims, such as withdrawal or damages, exist only within the scope of statutory provisions.

Softmark AG shall not be liable for slight negligence unless essential contractual obligations have been breached.

Liability for injury to life, body, or health, as well as under the Product Liability Act, remains unaffected.

§ 10 Skin Reactions and Compatibility

Our products are manufactured and tested in compliance with all applicable regulations.

However, as every skin type reacts differently, intolerances or skin reactions may occur in individual cases.

We recommend discontinuing use immediately in such cases.

Please note that individual skin reactions do not constitute a product defect and therefore do not entitle you to a return or refund, unless a verifiable quality or manufacturing defect exists.

§ 11 Discount Codes and Promotions

Discount codes are non-transferable and cannot be redeemed for cash.

Only one discount code may be used per order.

In the case of returns, only the amount actually paid will be refunded.

§ 12 Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).