General terms and conditions of WINGMAN-STUDIOS GmbH

1. General – Contracting Party

1.1 All orders for goods made through WINGMAN-STUDIOS GmbH’s website at www.ownskincare.eu (“website”) are subject to these General Terms and Conditions (“GTC”) in their version valid at the time of the order exclusively (or subsequent order within the subscription model, see 5). We do not accept deviating general terms and conditions of the customer. If you have any queries or complaints regarding these GTC or the contracts on which they are based, please contact us: 

via our contact form:  
via email: myown@ownskincare.eu 

1.2 Contract Party is WINGMAN-STUDIOS GmbH.

WINGMAN-STUDIOS GmbH
Troplowitzstraße 10
22529 Hamburg
German

 

2. Ordering your O.W.N Products

2.1 To order your personalized products, you must complete the skin test available on our website. This way we can provide you with personalized products adapted to your needs with the help of our O.W.N algorithm (“O.W.N Products”). 

2.2 Before placing your order, you can add or remove the suggested personalized O.W.N Products from the shopping cart as you wish. Once you have selected your O.W.N Products, you can place an order after entering the required data. Only registered users can place orders in our Online Shop. Before placing your order, you will be asked to either register (if you do not have a customer profile yet) or login to your customer profile. 

2.3 There are two different purchase options: 
           i. Single order (see 4) or 
           ii. Recurring orders as part of a subscription (see 5). 

 

3. General information regarding contract conclusion

3.1 By sending us an order request by clicking on the button “Buy now”, you make a binding offer for (i) a single purchase or when choosing our subscription model for (ii) recurring purchases of the goods added to the shopping cart. Before sending the order, you can view and make changes to the order at any time. Changes can be entered in the shopping cart and saved for the subsequent order process.

3.2 Upon receipt of your order, we will confirm receipt of your order and list its details via email. 

3.3 A contract will be concluded with the order receipt sent via email. If we are not able to accept your order for reasons beyond our control, for example because the goods are out of stock or because of unexpected limits on our resources which we could not reasonably plan for, we are not obliged to accept your order and can refuse to accept it accordingly. In that case, a contract will not come into existence. We will inform you immediately if we are unable to accept your order, and, if applicable, refund any payments already made. 

3.4 If the information on the goods (e.g. price etc.) in our e-shop is incorrect despite careful checking by us, we do not accept your previous offer by sending you the goods with updated information, but make you a new offer instead based on the correct information, which you are free to accept or reject. 

3.5 We keep copies of each contract. The contract language is English. You can view your contract in your customer profile on our website at www.ownskincare.eu. You can view the current version of these GTC at any time on our website at www.ownskincare.eu

 

4. Single order

4.1 If you have chosen for a single order when selecting your O.W.N Products, your order will be executed only once as described in Section 3. No subsequent orders will be triggered. 

5. Subscription

5.1 If you decide to purchase or order your O.W.N Products on a recurring basis in the context of a subscription, we will automatically place a new order for a new set of customized O.W.N Products every 56 days after your initial order ("O.W.N Cycle") without you having to place a new order. This way, your subscription extends by a new O.W.N cycle, i.e. by a recurring order of your O.W.N Products. The price remains the same, but your O.W.N Products will be adapted to you and your needs if necessary. A subsequent change of the composition of the once ordered product set is unfortunately not possible. With each subsequent order you will receive your O.W.N Products in a refill cup suitable for your personalized cream jar.

5.2 In each O.W.N Cycle, you will be contacted by us via the email address you provided when you created your customer profile, one week before the respective recurring order. With this email, we will inform you about the possibility of changing individual parameters of your skin profile, should your circumstances have changed since the previous order. In this way, we can adapt your O.W.N Products to your changing life circumstances or environmental influences (such as increased sun exposure). You can make the adjustments directly in your customer profile. The composition of your O.W.N Products will then be adjusted accordingly. 

5.3 Within your customer profile you will also have the possibility to prepone or postpone any of your recurring orders or cancel your subscription according with the following provisions.

5.4 Cancellation: You have until the end of a current O.W.N Cycle to cancel your contract. If you do not cancel, the contract will be automatically extended for another O.W.N Cycle by placing a recurring order. If you no longer wish to receive recurring orders or deliveries of your O.W.N Products, you can cancel the contract at any time informally in your customer profile or by sending an email to our contact address. We will inform you about the possibility of termination with the email mentioned in Section 5.2. 

 

6. Shipping and availability of goods

6.1 The goods will be shipped as seen on the e-Shop. There may be minor deviations to the packaging. The delivery is made to the delivery address indicated by you when submitting your order. 

6.2 We’re allowed to make partial deliveries insofar as it’s reasonable to you. 

6.3 We currently ship to Germany and the Netherlands only. Since our products are created personalized to your needs, we need 11 - 21 days to ship the ordered products within the Federal Republic of Germany. The delivery time for delivery to the Netherlands is 12 - 21 days.

6.4 The delivery period begins once we send the confirmation email of your order. 

 

7. Payment

7.1 All displayed prices are final prices in Euro including VAT. There are no delivery costs. The prices displayed on the order page at the time of order apply in each case.

7.2 Payment must be made by credit card (MasterCard or Visa) or Paypal. Payment by sending cheques or cash is not possible. You can adjust the preferred payment method at any time in your customer profile.

7.3 The price will be deducted from your bank account upon completion of the payment process. In case you chose the subscription service (see 5), the price will be deducted after each subsequent order. 

7.4 Payment must be made immediately upon contract conclusion. In case of an automated order via subscription, payment must be made at the end of the cancellation time limit.

7.5 You are not allowed to reduce the payment because of asserted claims against us, unless those claims have been established by court or are undisputed. You are not allowed to reduce the payment in case of asserted defects or similar counter claims based on this contract either. 

7.6 You may withhold the payment if your counter claim is based on this contract. 

 

8. Delivery

8.1 We do not charge you for delivery costs.

8.2 We deliver to the Federal Republic of Germany and the Netherlands only. 

8.3 The goods will be delivered by mail. If you’re a consumer, the goods will be within our responsibility during delivery. 

 

9. No right of withdrawal

There is no right of withdrawal pursuant to § 312g Sec. 2 of the German Civil Code. 

10. Warranty

All products offered in our e-Shop are subject to the statutory warranty rights, in particular § 434 of the German Civil Code. The warranty period for business users is 12 months.

11. Retention of title

The delivered goods remain our property until the purchase price has been paid in full. 

12. Used of stored data – Data Protection

Information about the type, scope and purpose of the processing of the personal data required for the execution of the purchase can be found in our privacy policy.

13. No sales to business users

13.1 We sell our products exclusively in household quantities. 

13.2 The products offered in our e-Shop are sold only to consumers and business users as end users. You therefore agree to use the products for private purposes. The commercial resale of the ordered goods is not permitted. We reserve the right not to accept purchase offers that appear to be made for the purpose of commercial resale of the goods. If a contract has already been concluded, we reserve the right to withdraw from it and to exclude you from purchasing our products in the future.

 

14. Limitation of liability

14.1 We shall be liable without limitation in the event of intent or gross negligence.

14.2 Otherwise, we’re not liable for a negligent breach of duty unless the breach of duty jeopardizes the purpose of the contract, or obligations are breached, the fulfillment of which is a prerequisite for the performance of the contract, and which can be expected by the customer. In these cases, however, our liability shall be limited to the typical and foreseeable damage for the type of goods in question. This also applies to actions of our legal representatives or vicarious agents.

14.3 The foregoing limitations of liability shall affect neither your claims pursuant to product liability law or claims based on injuries to life, body or health, in case of a guarantee fraudulently concealed defects.

 

15. Information on consumer arbitration

15.1 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15.2 Notification regarding online dispute resolution in consumer matters:
The EU Commission provides an online platform for online dispute resolution (OS platform) at https://ec.europa.eu/consumers/odr. Please note that we are currently not participating in any dispute resolution procedure offered there, so you cannot use the OS platform.

 

16. Final Provisions

16.1 This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected. 

16.2 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of WINGMAN-STUDIOS GmbH.

16.3 If any provision of this contract is determined by any court or administrative tribunal of competent jurisdiction to be invalid or unenforceable, the invalid provision shall be replaced by the statutory provisions. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of the remaining provisions of this contract, unless this would represent an unreasonable hardship for one of the contracting parties.