General Terms and Conditions
A. Introduction
1. Scope, Contracting Parties
1.1
These General Terms and Conditions (“GTC”) in the version valid at the time of the order apply to the contracts concluded between Effect & Result GmbH, Theatinerstr. 31, 80333 Munich, email: info@docberger-antiaging.de, – hereinafter referred to as the “Provider” – and ordering customers – hereinafter referred to as “Customers.”
1.2
For businesses, these GTC shall also apply to future business relationships without the need for further reference to them. Deviating or conflicting general terms and conditions of the business will not be recognized unless the Provider expressly agrees to their validity in writing. A business is any natural or legal person or legally competent partnership that enters into the contract in the exercise of its commercial or independent professional activity.
1.3
The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are provided solely for the customer’s information. In the event of any discrepancies between language versions, the German text shall prevail.
B. General Contractual Provisions
1. Conclusion of Contract
1.1
The presentation of goods in the Provider’s online shop does not constitute a legally binding offer but an invitation to submit an order (invitatio ad offerendum).
1.2
Customers can select products from the Provider’s range in the online shop and collect them in a so-called shopping cart via the “Add to Cart” button. By clicking the “Buy Now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time as described in Section B.2. However, the request can only be submitted and transmitted if the customer accepts these contractual conditions by clicking the “I have read the General Terms and Conditions and expressly agree to them” checkbox, thereby incorporating them into the request.
1.3
Upon receipt of the request, the Provider sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the Provider and does not constitute acceptance of the request.
1.4
The contract is only concluded upon submission of the acceptance declaration by the Provider, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the customer will receive the contract text (consisting of the order, GTC, and order confirmation) as well as the legally required information for distance selling contracts on a durable medium (email or paper printout) (contract confirmation). The Provider is entitled to reject an offer without giving reasons, in particular if there is a justified suspicion that goods ordered via the internet are intended for commercial resale.
1.5
The Provider does not store the contractual provisions. Customers are requested to regularly check the SPAM folder of their email inbox.
2. Correction of Input Errors
2.1
During the ordering process, customers place the desired goods in the shopping cart. There, customers can change the desired quantity or remove selected goods at any time. If goods are placed in the shopping cart, customers can proceed by clicking the “Checkout” buttons to a page where they enter their details and then select the shipping and payment method.
2.2
Finally, an overview page opens where customers can review their details. Input errors (e.g., regarding payment method, data, or desired quantity) can be corrected by entering the desired quantity in the respective field or removing the product from the shopping cart via the “Trash” icon. If customers wish to cancel the ordering process entirely, they can close the browser window. Otherwise, after clicking the confirmation button “Buy Now,” the customer’s declaration becomes binding within the meaning of Section B, No. 1.2 of these GTC.
3. Registration as a User
3.1
Customers can order goods in the Provider’s online shop either as a guest or as a registered user. As a registered user, customers do not have to provide their personal details every time, but can simply log into their customer account before or during an order with their email address and the password they freely chose during registration. Registration alone does not constitute any obligation to purchase the goods offered by the Provider. Information on the processing of their data can be found in the privacy policy, which is available at https://www.docberger-antiaging.de/pages/datenschutz.
3.2
When registering, customers choose a personal username, an email address, and a password (hereinafter: "access data"). The access data must be kept confidential. The customer is responsible for all actions taken by users authorized by them using their access data. The customer must inform the Provider immediately if their access data becomes known to unauthorized third parties.
3.3
Customers can delete their user account at any time by sending an email to info@docberger-antiaging.de. This does not affect contracts already concluded. If a customer’s personal data changes, the customer is responsible for updating it. All changes can be made online after logging in under “My Account” / “Login.”
4. Delivery and Shipping
4.1
The specified delivery times are calculated from the time of the Provider’s order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account).
4.2
If no copies of the product selected by the customer are available at the time of the customer’s order, the Provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will not issue a declaration of acceptance. In this case, no contract will be concluded.
4.3
If the product designated by the customer in the order is only temporarily unavailable, the Provider will also inform the customer of this immediately in the order confirmation.
5. Prices and Shipping Costs
5.1
The prices stated in the online shop at the time of the customer’s order apply.
5.2
All prices stated in the online shop include the applicable statutory value-added tax.
5.3
The goods are shipped either by postal delivery or collected on-site from the Provider, according to the customer’s choice. The shipping risk is borne by the Provider only if the customer is a consumer.
5.4
The applicable shipping costs are listed in the product description as well as in the order form and are shown separately on the invoice. These are to be borne by the customer unless the customer exercises their right of withdrawal.
5.5
If the customer orders several products at the same time, the individual products may be delivered at different times; however, shipping costs will only be charged once.
5.6
In the event of a withdrawal, the customer shall bear the direct costs of returning the goods.
6. Transport Damage
6.1
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact the Provider without delay. Failure to make a complaint or contact the Provider has no consequences for statutory claims and their enforcement, in particular warranty rights. However, it enables the Provider to assert its own claims against the carrier or transport insurance.
6.2
For businesses: The risk of accidental loss and accidental deterioration passes to the business as soon as the Provider has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies; if no such notice is given, the goods shall be deemed approved, unless the defect was not detectable during the inspection. This does not apply if the Provider has fraudulently concealed a defect.
7. Terms of Payment
7.1
The customer may make payment by credit card or via payment service providers (PayPal and Klarna).
7.2
The purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer will be in default by missing the deadline. In this case, they must pay the Provider default interest at a rate of 5 percentage points above the base interest rate per year. The obligation of the customer to pay default interest does not exclude the Provider from asserting further default damages.
7.3
If using an “online payment function” through which customers process payments via a payment service provider, the customer must open a user account with the payment provider and thus conclude a separate contract with this payment provider. The content and scope of the services associated with this function, including any costs (transaction fees) incurred for the customer’s use of these functions, are determined solely by the contract concluded between the payment provider and the customer. The Provider has no influence on the transaction fees charged by the payment provider and payable by the customer. The fees and costs payable to the payment service provider can be found in their service descriptions. The Provider does not process the customer’s access, payment, or credit card data when using the online payment function and assumes no responsibility for the execution of transactions. In the case of refunds or other reimbursements by the customer, the transaction costs incurred up to that point remain unaffected.
7.4
The Provider is entitled, in the case of a reminder due to unauthorized non-payment initiated by the customer, to charge a reasonable reminder fee. The customer may always prove in such a case that the Provider has suffered no or only a lesser loss.
7.5
If the customer is in default of payment and also fails to pay within a further payment period of at least two (2) weeks set thereafter, the Provider is entitled, with reference to these legal consequences, to suspend the performance of the contractual services until full payment is made or to cease them in whole or in part. The customer is not released from their payment obligation even in this case.
8. Set-off
The customer’s right to set-off is excluded unless the counterclaim has been legally established, is ready for decision, or is undisputed, or concerns a claim for reimbursement of costs for the rectification of defects arising from the same contractual relationship.
9. Retention of Title
9.1
The goods remain the property of the Provider until full payment has been made.
9.2
For businesses, the following applies in addition: The goods remain the property of the Provider until all claims from the ongoing business relationship have been settled in full. Businesses are entitled to resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale – regardless of any combination or mixing of the goods subject to retention of title with a new item – are hereby assigned to the Provider in advance up to the amount of the invoice value, and the Provider accepts this assignment. The business remains authorized to collect these claims, but the Provider is entitled to collect the claims itself if the business fails to meet its payment obligations to the Provider.
10. Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
11. Loyalty Points Program
11.1
Customers can register for the Provider’s loyalty points program and collect points through orders and interactions, which they can redeem as € discounts in the online shop.
11.2
Customers can receive bonus points for certain actions:
• 50 points for first-time registration in the online shop
• 20 points for following the Provider on TikTok
• 20 points for following the Provider on Instagram
• 100 points for subscribing to the Provider’s newsletter
• 100 points as a small birthday gift
• €1 for every euro spent in the online shop
11.3
The points are stored in the buyer’s customer account and can be viewed there at any time.
11.4
The points can be redeemed as discounts on orders, with 1 loyalty point equaling €1.
11.5
Loyalty points are non-transferable and expire after certain periods of inactivity. If a customer does not place an order for 12 months, part of the collected points will expire. In justified cases, the Provider may refuse customers participation in the loyalty points program; the Provider is also entitled to discontinue the loyalty points program without reasons and without compensation. In this case, the loyalty points will expire.
11.6
It is not possible to pay out loyalty points; otherwise, the conditions applicable to discount codes (No. 12) apply.
12. Discount Codes and Promotional Vouchers
12.1
Discount codes and promotional vouchers (“discount codes”) have different durations and apply to the purchase of all items except vouchers, with certain products and product categories possibly excluded from discount and promotional offers. Only one discount code can be redeemed per order. The discount code can only be redeemed before completing the ordering process; retroactive offsetting is not possible.
12.2
The specific validity period of the discount code can be found in the terms of the discount code.
12.3
The value of the goods must be at least equal to the amount of the discount code. Any remaining balance will not be refunded by the seller. Exchange or payment of discount codes that customers have received from the Provider as part of marketing campaigns or goodwill gestures is excluded.
12.4
The Provider reserves the right to cancel or block the discount code if there is a legitimate reason for such action, for example, in the event of loss or misuse of the discount code. The Provider will inform customers of the cancellation or blocking of the discount code.
12.5
If the customer exercises their right of withdrawal for items from orders with a discount code, the customer will be refunded the reduced purchase price. If the customer withdraws from or returns an item from an order that originally contained several items, the value of the discount code will be proportionally deducted from the total price of the item, and the customer will receive the corresponding refund. The discount code will expire in proportion to the value of the returned item. If all items are withdrawn or returned, the discount code will expire, and the original amount paid will be refunded. There is no entitlement to a refund or replacement of a discount code from a promotional campaign.
13. Warranty for Purchases of Goods
13.1
The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
13.2
The limitation period for warranty claims for delivered goods is two years from receipt of the goods. For businesses, the warranty period for goods delivered by the Provider is 12 months. Claims for defects fraudulently concealed by the Provider expire within the regular limitation period.
13.3
Rights regarding defects also exist for customers within the scope of a quality and/or durability guarantee, if the Provider has expressly given such a guarantee for the sold item in an individual case.
14. Limitation of Liability
14.1
The customer’s claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
14.2
In the event of a breach of essential contractual obligations, the Provider is liable only for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body, or health.
14.3
The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are made directly against them.
14.4
The limitations arising from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
C. Final Provisions
1. Applicable Law and Jurisdiction
1.1
Contracts between the Provider and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
1.2
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Provider is the Provider’s registered office.
2. Miscellaneous
2.1
If individual provisions of this contract are invalid, the rest of the contract remains unaffected.
2.2
In place of the invalid provisions, the statutory provisions shall apply where available. If this would represent an unreasonable hardship for one party, however, the entire contract shall become invalid.
WITHDRAWAL INSTRUCTIONS
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 named by you, who is not the carrier, took possession of the goods or the last partial delivery of an order.
To exercise your right of withdrawal, you must inform Effect & Result GmbH, Theatinerstr. 31, 80333 Munich, email: info@docberger-antiaging.de, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired.
You will bear the direct costs of returning the goods.
You will only be liable for any diminished value of the goods if this loss in value is due to handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
ADDITIONAL NOTES
In the event that you return the goods to us, we request that you use the original packaging, if still available.
Sample withdrawal form in accordance with Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB
If you wish to withdraw from the contract, please complete this form and return it to:
Effect & Result GmbH, Theatinerstr. 31, 80333 Munich, email: info@docberger-antiaging.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it is clear which goods the withdrawal refers to), (*)
ordered on: / received on: (*)
Name of the consumer(s);
Address of the consumer(s);
Signature of the consumer(s);
(only if this form is submitted on paper);
Date
(*) Delete as applicable
Status: June 2025
You can download this document: General Terms and Conditions