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Address: Limitless eCom GmbH, Warthestraße 21, 14513 Teltow, Brandenburg, Germany
Phone: +44 7462 190084
Email: support@diamondsmileteeth.fi
Registration Court: Potsdam
Registration Number: HRB 35582
Tax Number: 046/113/00242
VAT ID: DE341434749
The following General Terms and Conditions also contain legal information regarding your rights under the regulations governing distance selling and electronic commerce.
1.1 These General Terms and Conditions (GTC) apply to purchase contracts concluded between Limitless eCom GmbH, Warthestraße 21, 14513 Teltow (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer") via the Diamond Smile online shop (diamondsmileteeth.fi), regardless of whether the Customer purchases the goods as a consumer or as an entrepreneur.
1.2 Our customer service team can be contacted for questions, complaints and objections on weekdays from 10:00 AM to 5:00 PM by email at support@diamondsmileteeth.com.
1.3 A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
An entrepreneur within the meaning of Section 14(1) of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their commercial or independent professional activity.
1.4 Any terms and conditions of the Customer that deviate from these General Terms and Conditions shall not be recognised unless the Seller expressly agrees to their validity. These General Terms and Conditions shall also apply if the Seller carries out delivery to the Customer without reservation despite being aware of conflicting or deviating terms and conditions of the Customer.
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Product and service descriptions in catalogues and on the Seller's websites do not constitute an assurance or guarantee.
2.2 All offers are valid while stocks last, unless otherwise stated for the respective product.
3.1 The Customer may select products from the Seller's range without obligation and add them to the shopping cart by clicking the "Add to Cart" button. The Customer can then proceed with the ordering process from the shopping cart by clicking the "Proceed to Checkout" button.
3.2 By clicking the "Order Now" button, the Customer submits a binding request to purchase the goods contained in the shopping cart. Before submitting the order, the Customer can review and amend the entered information at any time. Required information is marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic confirmation of receipt by email, which lists the Customer's order and can be printed using the "Print" function. This automatic confirmation merely confirms that the Customer's order has been received by the Seller and does not constitute acceptance of the order.
The purchase contract is concluded only when the Seller confirms dispatch of the goods to the Customer in a separate email or dispatches the goods.
3.4 If delivery of the ordered goods is not possible, for example because the goods are out of stock, the Seller will not issue a declaration of acceptance. In this case, no contract will be concluded. The Seller will inform the Customer without delay and refund any payments already received.
3.5 The contract shall be concluded in English.
4.1 All prices displayed on the Seller's website include the applicable statutory value-added tax (VAT).
4.2 Shipping costs may be charged in addition to the stated product prices. The applicable shipping costs will be clearly communicated to the Customer on a separate information page and during the ordering process. Any applicable customs duties or local taxes shall be borne by the Customer.
4.3 Goods are shipped by post. If the Customer is a consumer, the shipping risk is borne by the Seller.
If the Customer purchases the goods as an entrepreneur, and unless expressly agreed otherwise, delivery shall be "ex works" (EXW according to Incoterms® 2010). The risk of accidental loss or accidental deterioration of the goods therefore passes to the Customer as soon as the goods have been handed over to the person responsible for transportation.
4.4 In the event of withdrawal, the Customer shall bear the direct costs of returning the goods.
4.5 Returns must be sent to the following address:
Limitless eCom GmbH
Warthestraße 21
14513 Teltow
Germany
Shipments delivered outside the European Union may be subject to customs duties, import taxes, as well as handling or customs clearance fees charged by the shipping provider or customs authorities.
These charges are not included in the product price or shipping costs and are the responsibility of the Customer. Before placing an order, Customers should check the applicable import regulations in the destination country, including any customs duties, taxes and other charges that may apply.
If a Customer refuses to accept a shipment, fails to collect it within the collection period specified by the shipping provider, or refuses to pay applicable customs duties, taxes or other charges, and this results in costs being incurred by us (such as return shipping fees, customs charges, storage fees or handling costs), we reserve the right to deduct these actual costs from any refund due, to the extent permitted by applicable law.
5.1 The delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price where applicable.
5.2 If the product selected by the Customer is unavailable at the time the order is placed, the Seller will inform the Customer without delay in the order confirmation. If the product is permanently unavailable, the Seller will not issue a declaration of acceptance and no contract will be concluded.
5.3 If a product ordered by the Customer is only temporarily unavailable, the Seller will also inform the Customer without delay in the order confirmation. The Seller may offer the Customer a comparable replacement product.
5.4 The following delivery restrictions apply: The Seller only delivers to Customers whose habitual residence (billing address) is in Finland, Denmark and who can provide a delivery address in the same country. The Customer will be informed of any additional delivery restrictions during the ordering process before the order is completed.
5.5 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.6 The Seller is entitled to make partial deliveries where this is reasonable for the Customer. Any additional shipping costs resulting from a partial delivery shall be borne by the Seller.
5.7 The goods will be delivered to the delivery address provided by the Customer.
5.8 If delivery to the address provided by the Customer fails despite three delivery attempts, the Seller may withdraw from the contract. Any payments already made will be refunded to the Customer without delay, although the Seller may deduct any damages incurred.
6.1 Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract.
6.2 The Customer may choose from the payment methods available during the checkout process before completing the order.
6.2.1 Advance Payment: If advance payment is selected, the Customer transfers the invoice amount to the Seller's account specified in the order confirmation. The goods will be dispatched once the payment has been credited to the Seller's account.
6.2.2 PayPal: The Customer pays the invoice amount through PayPal. The Customer must be registered with PayPal or create an account, authenticate themselves using their login details and confirm the payment instruction to the Seller. The Seller bears the PayPal fees. The goods will be dispatched once the payment has been credited to the Seller.
6.2.3 Credit Card: When paying by credit card (VISA or Mastercard), the Customer provides the required credit card details to the Seller. The goods will be dispatched after receipt of the credit card details.
6.2.4 Sofortüberweisung: When using Sofortüberweisung, the Customer transfers the invoice amount to the Seller immediately after completing the ordering process. The goods will be dispatched once the Seller receives payment confirmation from the Customer's bank.
6.3 The Customer may change the payment method stored in their customer account at any time.
6.4 If the payment due date is determined according to the calendar, the Customer will automatically be in default if the deadline is missed. In this case, the Customer shall pay the Seller default interest at a rate of 5 percentage points above the applicable base interest rate. The obligation to pay default interest does not prevent the Seller from claiming additional damages caused by the default.
6.5 The Customer may only offset claims that are undisputed or have been legally established. This restriction does not apply where the claim used for offsetting arises from a claim in respect of which the Customer was or would have been entitled to withhold payment.
The Seller retains ownership of the delivered goods until the purchase price for the respective goods, including VAT and shipping costs, has been paid in full.
8.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period begins upon delivery of the goods.
For entrepreneurs, the warranty period for goods delivered by the Seller is 12 months.
8.2 An additional guarantee shall only apply to goods delivered by the Seller where such a guarantee was expressly stated in the order confirmation for the respective product.
9.1 Claims for damages by the Customer are excluded. This exclusion does not apply to claims for damages arising from injury to life, body or health, from the breach of essential contractual obligations (cardinal obligations), or to liability for other damages resulting from an intentional or grossly negligent breach of duty by the Seller, its legal representatives or agents.
Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.
9.2 In the event of a breach of essential contractual obligations, the Seller shall only be liable for foreseeable damages typical of the contract where such damages were caused by simple negligence, unless the Customer's claim for damages arises from injury to life, body or health.
9.3 The limitations set out in Sections 9.1 and 9.2 shall also apply in favour of the Seller's legal representatives and agents where claims are asserted directly against them.
9.4 The limitations of liability set out above shall not apply if the Seller has fraudulently concealed a defect or has provided a guarantee regarding the quality of the goods. The same applies where the Seller and the Customer have entered into an agreement concerning the quality of the goods. The provisions of the German Product Liability Act shall remain unaffected.
10.1 Before submitting the order to the Seller, the Customer can print the contract text using their browser's print function during the final step of the ordering process.
10.2 The Seller will also send the Customer an order confirmation containing all order details to the email address provided by the Customer. Together with the order confirmation, the Customer will receive a copy of these General Terms and Conditions, the cancellation policy, information regarding shipping costs, and the applicable delivery and payment terms.
11.1 When the Premium Teeth Whitening Kit is used correctly, your teeth may whiten by at least two shades. If you have completed all applications correctly and are not satisfied with the results, you may request a refund subject to the following conditions:
a) Before your first application, take a clear photo of your teeth using the shade/colour chart and mark your starting shade.
b) Use the product exactly as described in the instructions.
c) After the first and each subsequent application, take a clear photo of your teeth with the shade/colour chart and mark your shade.
d) Use the kit as instructed at least 6 times within 7 days.
e) Take a final clear photo of your teeth with the shade/colour chart and mark your final shade.
f) Send your photos to support@diamondsmileteeth.com for verification.
11.2 The shade chart can be found here:
https://cdn.shopify.com/s/files/1/2709/7564/files/Farbtabelle.jpg?v=1605206316
11.3 Before-and-after photos must be taken under similar lighting conditions to allow the results to be accurately assessed. The photos must also include valid date and time stamps clearly recorded by the device or recording medium, as well as a clear image of your teeth together with the shade/colour chart and the corresponding marked shades.
If these requirements are not met, a refund claim under the Money-Back Guarantee may be excluded. Edited or manipulated photos, dates or time stamps will not be accepted.
11.4 The Money-Back Guarantee may only be claimed within 14 days of purchase.
11.5 Once the claim has been approved by the Seller and after prior consultation with our customer service team, the goods must be returned to:
Limitless eCom GmbH
Warthestraße 21
14513 Teltow
Germany
The purchase price will be refunded after the returned goods have been received in accordance with the terms of the Money-Back Guarantee.
11.6 If the Money-Back Guarantee applies, the Customer shall bear the costs of returning the goods. Return shipping costs will not be reimbursed.
12.1 The Seller shall process the personal data provided by the Customer, such as name, address, email address, telephone number, account number and sort code, in accordance with applicable data protection laws.
12.2 Personal data shall generally be treated confidentially. Personal data required for the transaction will be stored and used by the Seller for purposes including processing orders, managing the customer relationship, delivering goods, processing payments and preventing payment defaults.
Where necessary, such data may be shared with service providers used by the Seller to fulfil the contract, such as shipping companies or financial institutions.
Data may also be used for the Seller's own advertising and marketing purposes, for example to send written promotional information. The Seller may use the Customer's email address to send promotional offers where the Customer has not objected and where permitted by applicable law. Where the Customer's consent is required, such consent will be obtained in advance. Telephone advertising will only be carried out with the Customer's express consent.
12.3 The Customer may contact:
Limitless eCom GmbH
Warthestraße 21
14513 Teltow
Germany
Telephone: +44 7462 190084
WhatsApp: +44 7462 190084
Fax: dennis.thoms.5@epost.de
Email: support@diamondsmileteeth.com
The Customer may object to the use and processing of their data for the Seller's own advertising and marketing purposes and, where applicable, withdraw any consent previously given for such use.
12.4 Further information regarding the type, scope, location and purpose of the collection, processing and use of personal data by the Seller can be found in our Privacy Policy:
https://diamondsmileteeth.fi/pages/privacy-notice
13.1 The Seller informs consumers of the European Online Dispute Resolution Platform, which may be used to resolve disputes without court proceedings.
The European Commission is responsible for operating the platform.
European Online Dispute Resolution Platform:
13.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and has therefore decided not to participate voluntarily.
14.1 Contracts between the Seller and Customers shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Statutory provisions restricting the choice of law and concerning the applicability of mandatory provisions, in particular those of the country in which the Customer has their habitual residence as a consumer, shall remain unaffected.
14.2 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 Seller shall be the Seller's registered office.
