Terms and Conditions
A. Introduction
1. Scope, Parties to the Agreement
1.1
These General Terms and Conditions (“GTC”), in the version valid at the time of the order, apply to contracts concluded between Effect & Result GmbH, Theatinerstr. 31, 80333 Munich, email: info@docberger-antiaging.de — hereinafter referred to as the “Provider” — and the ordering customer — hereinafter referred to as the “Customer.”
1.2
With respect to businesses, these Terms and Conditions also apply to future business relationships without the need for further notice. Any deviating or conflicting general terms and conditions of the business will not be recognized unless the Provider expressly agrees to their validity in writing. “Business entity” means any natural person, legal entity, or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activities.
1.3
The only language available for the conclusion of the contract is 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 the language versions, the German text shall prevail.
B. General Contractual Provisions
1. Conclusion of the Contract
1.1
The presentation of the products in the provider’s online store does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
1.2
Customers can select products from the provider’s product range in the online store and add them to a “shopping cart” by clicking the “Add to Cart” button. By clicking the “Buy Now” button, the customer submits a binding request to purchase the items in the shopping cart. Before submitting the order, the customer can change the details at any time and review them, as described in Section B.2. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the box “I have read the General Terms and Conditions and expressly agree to them,” thereby incorporating them into the order.
1.3
Upon receipt of the order, the provider sends the customer an automatic confirmation of receipt via email, which lists the customer’s order again and which the customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the provider has received the customer’s order and does not constitute acceptance of the order.
1.4
The contract is not concluded until the provider issues a declaration of acceptance, 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 text of the contract (consisting of the order, the Terms and Conditions, and the order confirmation) as well as the information required by law for distance sales contracts on a durable medium (email or paper printout) (contract confirmation). The provider is entitled to reject an offer without stating reasons, particularly if there is reasonable suspicion that the goods purchased online are intended for commercial resale.
1.5
The provider does not store the terms of the contract. Customers are asked to check the spam folder in their email inbox regularly.
2. Correction of Data Entry Errors
2.1
As part of the ordering process, customers add the desired items to their shopping cart. There, customers can change the quantity at any time or remove selected items entirely. Once items have been added to the cart, customers click the “Checkout” button to proceed to a page where they can enter their information and then select their shipping and payment methods.
2.2
Finally, a summary page opens where customers can review their information. Input errors (e.g., regarding payment method, details, or the desired quantity) can be corrected by entering the desired quantity in the respective field or by removing the product from the shopping cart using the “trash can” icon. If customers wish to cancel the order process entirely, they can close the browser window. Otherwise, upon clicking the “Buy Now” confirmation button, the customer’s declaration becomes binding within the meaning of Section B, Item 1.2 of these Terms and Conditions.
3. User Registration
3.1
Customers can order goods from the provider’s online store as a guest or as a registered user. As registered users, customers do not have to enter their personal information every time; instead, they can simply log in to their customer account before or during the ordering process using their email address and the password they chose during registration. Registration alone does not entail any obligation to purchase the goods offered by the provider. Customers can find information about the processing of their data in the privacy policy, which is available at the following link: https://www.docberger-antiaging.de/pages/datenschutz.
3.2
Upon registration, customers choose a personal username, an email address, and a password (hereinafter referred to as “login credentials”). The login credentials must be kept confidential. The customer assumes responsibility for all actions taken by users authorized by the customer using the customer’s login credentials. The customer shall immediately notify the provider if the customer’s login credentials have become 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 will not affect any contracts that have already been concluded. If a customer’s personal information changes, the customer is responsible for updating it. All changes can be made online after logging in under "My Account"/"Log In."
4. Delivery and Shipping
4.1
The stated delivery times are calculated from the date the supplier confirms the order, provided that the purchase price has been paid in advance (except for purchases on account).
4.2
If no units of the product selected by the customer are available at the time the customer places the order, the seller shall notify the customer of this immediately in the order confirmation. If the product is permanently out of stock, the seller shall refrain from issuing a declaration of acceptance. In this case, no contract is formed.
4.3
If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation.
5. Prices and Shipping Costs
5.1
The prices listed in the online store at the time the customer places the order apply.
5.2
All prices listed in the online store include the applicable statutory sales tax.
5.3
The goods will be shipped, at the customer’s discretion, either by mail or via pickup at the seller’s location. The seller bears the shipping risk only if the customer is a consumer.
5.4
Any applicable shipping costs are listed in the product description and on the order form and are itemized separately on the invoice by the seller. These costs are to be borne by the customer, unless the customer exercises their right of withdrawal.
5.5
If a customer has ordered multiple products at the same time, the individual products may be delivered at different times; shipping charges are charged only once in this case.
5.6
In the event of a cancellation, the customer must bear the direct costs of returning the item.
6. Damage During Shipping
6.1
For consumers: If goods are delivered with obvious damage caused during shipping, we ask that you file a claim with the delivery company as soon as possible and contact us immediately. Failure to file a claim or contact us has no effect on your legal rights, particularly your warranty rights. However, it helps us assert our own claims against the carrier or the shipping insurance company.
In such a case, please proceed as follows:
– Take clear photos of the damage.
– Take photos of the outer packaging, the inner packaging, and the damaged products.
– Be sure to keep all packaging (including the box and packing material) as well as the merchandise.
– Then contact us and wait for further instructions.
In many cases, you will need to fill out a damage report form provided by the shipping carrier. You may also be required to drop off the package at a shipping carrier branch for inspection or have it picked up by the shipping carrier.
6.2
For business customers, the following applies: The risk of accidental loss or accidental deterioration passes to the business customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. In transactions between merchants, the obligation to inspect and give notice of defects as set forth in § 377 of the German Commercial Code (HGB) applies; if no such notice is given, the goods are deemed to have been accepted, unless the defect was not detectable upon inspection. This does not apply if the seller fraudulently concealed a defect.
7. Terms of Payment
7.1
The customer can pay by credit card or through payment service providers (PayPal and Klarna).
7.2
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay the provider late payment interest for the year at a rate of 5 percentage points above the base interest rate. The customer’s obligation to pay interest on arrears does not preclude the provider from claiming further damages resulting from the delay.
7.3
If a customer uses an “online payment feature” to process payments through a payment service provider, the customer must create a user account with the payment provider and thereby enters into a separate contract with that payment provider. The content and scope of the services associated with this feature, including the costs incurred by the customer for using these features (transaction fees), are governed exclusively by the contract concluded between the payment provider and the customer. The provider has no influence over 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 the provider’s service descriptions. When the online payment function is used, the Provider does not process any of the customer’s login, payment, or credit card information and assumes no responsibility for the execution of the transactions. In the event of refunds or other repayments by the customer, the transaction fees incurred up to that point remain unaffected.
7.4
The provider is entitled to charge a reasonable late fee in the event of a reminder notice issued due to unjustified nonpayment by the customer. In such cases, the customer is always free to prove that the provider incurred no damages or only minor damages.
7.5
If the customer is in default of payment and fails to pay even within a subsequent payment period of at least two (2) weeks, the Provider is entitled, subject to these legal consequences, to temporarily suspend or cease, in whole or in part, the provision of the services owed under the contract until full payment is made. However, even in this case, the customer is not released from his or her obligation to pay.
8. Set-off
The customer may not set off any claim unless the counterclaim has been legally established, is ready for a decision, is undisputed, or involves a claim for reimbursement of costs incurred to remedy defects arising from the same contractual relationship.
9. Retention of Title
9.1
The goods remain the property of the seller until full payment has been made.
9.2
The following additional provision applies to business customers: Ownership of the goods remains with the supplier until all claims arising from the ongoing business relationship have been paid 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 whether the goods subject to retention of title are combined or mixed with a new item—are assigned in advance to the supplier in the amount of the invoice total, and the supplier accepts this assignment. The business owner remains authorized to collect these claims; however, the supplier is entitled to collect these claims itself if the business owner fails to meet its payment obligations to the supplier.
10. Right of Withdrawal
As consumers, customers are entitled to a right of withdrawal in accordance with the instructions set forth in the Appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.
11. Loyalty Points Program
11.1
Customers can sign up for the provider's loyalty points program and earn points through orders and interactions, which they can redeem as a discount in euros in the online store.
11.2
Through this program, customers can earn bonus points for certain activities:
• 50 points for registering for the first time in the online store
• 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
• 1.00 euro for every euro spent in the online store
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 used as discounts on orders, with 1 loyalty point equal to 1.00 euro.
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, a portion of their accumulated points will expire. In justified cases, the provider may deny customers participation in the loyalty points program; the provider is also entitled to discontinue the loyalty points program without cause and without compensation. In this case, the loyalty points will expire.
11.6
Loyalty points cannot be redeemed; otherwise, the terms and conditions applicable to discount codes (Section 12) apply.
12. Discount Codes and Promotional Coupons
12.1
Discount codes and promotional coupons (“discount codes”) have varying validity periods and apply to the purchase of all items except gift cards, although individual products and product categories may be excluded from discounts and promotions. Only one discount code may be redeemed per order. The discount code can only be redeemed before completing the order process; it cannot be applied retroactively.
12.2
Customers can find the specific validity period of their discount code in the terms and conditions for discount codes.
12.3
The value of the merchandise must be at least equal to the amount of the discount code. The seller will not refund any remaining balance. Discount codes that customers have received from the provider as part of marketing promotions or as a gesture of goodwill may not be exchanged or redeemed for cash.
12.4
The provider reserves the right to cancel or suspend the discount code if there is a valid reason to do so, such as in the event of loss or misuse of the discount code. The provider will notify customers of the cancellation or suspension of the discount code.
12.5
If the customer exercises their right of withdrawal for items from orders placed using a discount code, the customer will be refunded the discounted purchase price. If the customer wishes to withdraw from or return an item from an order that originally contained multiple items, the value of the discount code will be deducted proportionally from the total price of the item, and the customer will receive the corresponding refund. The discount code expires in proportion to the value of the returned item. If all items are canceled or returned, the discount code expires and the amount originally paid will be refunded. There is no entitlement to a refund or replacement of a discount code from a promotional campaign.
13. Warranty on 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 statute of limitations for warranty claims regarding the delivered goods is two years from the date of receipt of the goods. For transactions with businesses, the warranty period for goods delivered by the seller is 12 months. Claims arising from defects that the seller fraudulently concealed are subject to the standard statute of limitations.
13.3
Customers are also entitled to rights arising from defects under a warranty of quality and/or durability, provided that the seller has expressly provided such a warranty with respect to the item sold in the specific case.
14. Limitation of Liability
14.1
The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from 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 material contractual obligations, the Provider shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, body, or health.
14.3
The limitations set forth in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and agents if claims are asserted directly against them.
14.4
The limitations of liability set forth in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has provided a warranty regarding the quality of the item. The same applies if the provider and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
C. Final Provisions
1. Governing Law and Jurisdiction
1.1
Contracts between the Provider and the Customers are governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions—in particular those of the country in which the Customer, as a consumer, has his or her 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 shall be the provider’s place of business.
2. Miscellaneous
2.1
If any provision of this contract is invalid, the validity of the remaining provisions shall not be affected.
2.2
Any invalid provisions shall be replaced by the applicable statutory provisions, if any. However, if this would constitute an unreasonable hardship for either party, the contract shall be deemed invalid in its entirety.
CANCELLATION POLICY
RIGHT OF CANCELLATION
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods or the last partial shipment 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 mail, fax, or email). You may use the attached model withdrawal form for this purpose, though its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
EXCLUSION OR EARLY TERMINATION OF THE RIGHT OF WITHDRAWAL
Pursuant to Section 312g(2)(3) of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery.
The cosmetic products we offer are hygiene and health products. For hygienic reasons, these products cannot be returned once opened, as they may not be put back on the market. Therefore, the right of withdrawal expiresupon opening a sealed cosmetic product. This applies regardless of whether the product has already been used or merely opened. The exclusion or expiration of the right of withdrawal also applies in the event of an individual intolerance or a personal skin reaction, provided there is no demonstrable product defect.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we must refund all payments we have received from you— excluding shipping costs—without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract.
Shipping costs are generally non-refundable. This also applies if free shipping was offered for your order based on its total value. In this case, we reserve the right to deduct the actual shipping costs incurred from your refund.
We will use the same payment method for this refund that you used for the original transaction, unless we have expressly agreed otherwise with you.
You must return or hand over the goods to us without delay and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
ADDITIONAL INFORMATION
If you return the goods to us, please use the original packaging, if still available.
Sample withdrawal form pursuant to Annex 2 to Article 246a, Section 1, Paragraph 2, Sentence 1, No. 1, and Section 2, Paragraph 2, No. 2 of the EGBGB
If you wish to withdraw from the contract, please fill out this form and return it to
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 can be clearly determined to which goods the withdrawal refers), (*)
ordered on: /received on: (*)
Name of the consumer(s);
Address of the consumer(s);
Signature of the consumer(s);
(only for written notifications);
Date
(*) Delete as appropriate
As of June 2025
You can download this document: Terms and Conditions